NewsHawks 1 September 2023

Price US$1 Friday 1 September 2023 NEWS Congratulatory messages motivated by self-interest Story on Page 11 NEWS Zanu PF wins in Mashonaland through coercion: Kasukuwere WHAT’S Story on Page 16 INSIDE SPORT Two-time World Cup star rues another Zimbabwe absence Story on Page 56 ALSO INSIDE History of discredited elections persists Mnangagwa inauguration under a dark cloud of illegitimacy

Page 2 News NewsHawks Issue 146, 1 September 2023 OWEN GAGARE ZIMBABWEAN President Emmerson Mnangagwa will today be inaugurated in Harare for a second term after his hotly-disputed re-election under a dark cloud of illegitimacy as the main opposition abandoned its threat of an electoral Constitutional Court challenge, amid confusion on the way forward. The main opposition CCC and its leader Nelson Chamisa have been groping in the dark on how to proceed due to lack of strategic thinking and calculated tactical manoeuvring, even though the elections were stolen in front of their eyes. While some key regional leaders will attend, others will not.  Notably, Zambian President Hakainde Hichilema, who is also chairperson of the Southern African Development Community (Sadc) troika on politics, defence and security cooperation, will not attend. Hichilema has not even congratulated Mnangagwa on his contentious victory. Zimbabwe has been making chaotic noise over who will attend the inauguration as it attempts to address the question of legitimacy after Sadc rejected its elections outcome as neither free, fair nor credible — which is unprecedented in the region. The head of the Sadc Election Observer Mission, Nevers Mumba, has firmly stood his ground in defending his team's damning report, which says the Zimbabwean elections failed to meet the basic minimum principles and guidelines governing democratic elections in the region. Mumba has defended the report, saying his mission acted within its mandate as defined and guided by the Zimbabwean constitution, Electoral Act and the Sadc Principles and Guidelines Governing Democratic Elections. He also said the report is a product of a team of experts from nine different Sadc countries and 25 different people, as well as stakeholders. Mumba said he did not change a word from what the experts wrote as he felt they captured the situation well and accurately. Reacting to sustained vicious and angry attacks on him over the report from the Zimbabwean government and ruling Zanu PF, Mumba said those making political noise are misguided elements barking up the wrong tree — "hunting down the wrong animal which they won't eat even if they kill it". He said Zimbabwe should follow protocol through the Sadc headquarters in Botswana if it has official complaints to make on the report. This has put the spotlight on Sadc chairperson Angolan President João Lourenço and Hichilema, who has taken a firm stand on the Zimbabwe issue. Since Hichilema is not attending the inauguration at the National Sports Stadium in Harare, Mnangagwa's legitimacy has dramatically taken a further knock, especially given that he initially came to power through a military coup in 2017, and scraped through disputed elections in 2018 and 2023. Mumba said Hichilema was not involved in writing the report or directing the process beyond his instruction that: "Go to Zimbabwe and give Zimbabweans a chance to have free, fair and credible elections". At least  11 heads of state, former presidents, prime ministers and vice-presidents have confirmed attendance, according to the Foreign Affairs ministry. "More than 12 speakers/ministers/special envoys and ambassadors have also confirmed their attendances. All the ambassadors accredited to Zimbabwe have been also invited for the big day for Zimbabwe. This is a joyous occasion for Zimbabwe. Let's all celebrate our matured democracy," the ministry said. It is a long-established wisdom in domestic politics that legitimacy — and related qualities such as public trust, confidence and support, as well as social capital — is critical to governance. Without enough political and democratic legitimacy, Mnangagwa would have to rely more on coercion to govern. Having initially come in through a coup in 2017, Mnangagwa has failed to cultivate adequate legitimacy through the 2018 and 2023 elections. He is currently running on just above empty. Mumba has resolutely defended the report, saying the Sadc observer mission acted within its mandate as defined and guided by the Zimbabwean constitution, Electoral Act and the Sadc Principles and Guidelines Governing Democratic Elections. He said the report is the product of a team of experts from nine different Sadc countries and 25 different people, as well as stakeholders. Mumba said he did not change a word from what the experts wrote as he felt they captured the situation well and accurately. He said Zimbabwe should follow protocol through the Sadc headquarters in Botswana if it has official complaints to make on the report. The Zimbabwe Electoral Commission (Zec) declared Mnangagwa the winner with 2 357 711 votes, 52.6% of the vote. Chamisa garnered 1 967 343, representining 44% of the vote. The results were immediately rejected by the CCC. The African Union-Comesa observer mission also had misgivings about the polls. CCC officials told The NewsHawks lawyers had drafted an application ahead of a planned Constitutional Court application and were reviewing the application by as late as Saturday afternoon, hoping to file an online application before the seven-day deadline. Section 93 (1) of the constitution says a challenge to the presidential election should be lodged in court within seven days. “Subject to this section, any aggrieved candidate may challenge the validity of an election of a President or Vice-President by lodging a petition or application with the Constitutional Court within seven days after the date of the declaration of the results of the election,” reads the constitution. Senior party officials and lawyers were diPresident-Elect Emmerson Mnangagwa with wife Auxillia. Emmerson Mnangagwa renews illegitimate reign

vided over whether to challenge the results or not, with some legal advisers insisting that a court application would only sanitise Mnangagwa and Zanu PF’s electoral fraud. “To be honest even the lawyers were divided. Some felt that the bench was compromised and would rule in favour of Mnangagwa. The judges have received houses and other unsolicited gifts from government and we believe this was in preparation for this day,” a lawyer told The NewsHawks. “A legal challenge in my opinion would have sanitised the fraud.” The legal team had also agonised over whether to challenge the results or to challenge the process. The elections were characterised by electoral illegalities, manipulation of the process, illegal interference by a shadowy intelligence structure, voter suppression on a massive scale, banning of rallies, intimidation and jailing of political opponents. There was also deportation of researchers, restriction of civil and political liberties, arrest of independent electoral monitors who usually provide alternative voter collation, voting trends and returns to shadow the official process. The run-up to the polls was also marred by endless fights over voter registration and inspection, delimitation of boundaries, nomination of candidates, the voters’ roll, polling stations, postal voting process, lack of transparency in the procurement process, botched delivery of voting materials on time, including ballot papers, and disruption of monitors. Some voters waited until polling stations closed at 7pm — having arrived before 7am, for instance in Warren Park, Budiriro and Glen View in Harare. Others had to wait for 24 hours in those areas to vote. In the process, thousands of voters left in frustration without casting their ballots as voter suppression and disenfranchisement took hold. In all this fiasco, the courts and judiciary evidently took sides with the executive, while due process and justice suffered. The case of the disqualification of independent presidential candidate Saviour Kasukuwere by a judge at the behest of a Zanu PF activist — without due process — stands out. The transmission, collation and verification of votes was done in haste — meaning an aberration on the process. To make matters worse, the elections were run behind the scenes by an unconstitutional and spooky Central Intelligence Organisation (CIO)-run unit, Forever Associates Zimbabwe (Faz), illegally using public resources. The CIO’s Faz illegally seized control of the electoral process, taking over from the military’s Heritage Trust. Before Faz, previous elections were run by the army. Mnangagwa’s controversial re-election — rejected by some foreign poll observers, including those from Sadc countries — leaves Zimbabwe wallowing in the throes of a renewed crisis of legitimacy and economic failure. Chamisa challenged the 2018 election results but his application was dismissed, with the ConCourt insisting the party produce V11 forms to back its election fraud claims. Some lawyers believed if the court were neutral, there was a good chance of the challenge succeeding, given that a flawed electoral process cannot give a credible electoral result. A court challenge would have stalled the inauguration until judgement is delivered. The constitution gives power to the ConCourt to declare a winner or “invalidate the election, in which case a fresh election must be held within sixty days after the determination.” In the meantime, Mnangagwa has sent invitations to his peers to attend the inauguration. Curiously, however, a letter written to heads of foreign missions by Foreign Affairs secretary James Manzou says only heads of missions whose heads of state are attending the ceremony can witness the inauguration. Information minister Monica Mutsvangwa confirmed in a statement that the swearing-in ceremony would be held on Monday. “The nation is hereby informed that the inauguration ceremony for His Excellency President Emmerson Dambudzo Mnangagwa wil be held on Monday 04 September 2023. This follows his resounding re-election in the 2023 Harmonised Elections,” she said. “The main celebrations will be held at the National Sports Stadium in Harare followed by a luncheon at State House for invited dignitaries. Members of the public who wish to attend are advised that gates open at 6am and buses are available to transport those in need.  “A number of artists are lined up to perform at the inauguration ceremonies which wil be headlined by Jah Prayzah, Chief Hwenje, Sandra Ndebele and others. A football match between the Zimbabwe Warriors and the Namibian National Team known as the Brave Warriors will follow the inauguration ceremony. All Zimbabweans are welcome to witness this glorious celebration at the National Sports Stadium.” NewsHawks News Page 3 Issue 146, 1 September 2023 Zambian President Hakainde Hichilema not coming to President-Elect Emmerson Mnangagwa's inauguration in Harare. President-Elect Emmerson Mnangagwa Hichilema not attending inauguration

BRENNA MATENDERE PRESIDENT-ELECT Emmerson Mnangagwa lost at a polling station set up for soldiers from Pondoroza Barracks in Redcliff, Midlands province, during last week’s elections, in a development that has laid bare the strong anti-Mnangagwa sentiment in the military. Since the 2017 military coup, the rank and file has complained that conditions of service have not improved in the face of devastating economic hardships. Senior army officers are also said to be disgruntled over the shadowy group Forever Associates Zimbabwe (Fa) which covertly took over the running of the polls from the military. Before the Zimbabwe Electoral Commission (Zec) set up Tent A at an open space in Rutendo near the Pondoroza Barracks, which was exclusive for soldiers from the camp to vote at, sources said the military personnel had refused to vote inside the cantonment area. Tent A was for Redcliff constituency’s Ward 1. According to the results pasted at the polling station, opposition CCC leader Nelson Chamisa got 511 votes while Mnangagwa got 213. At the same Tent A polling station, the CCC parliamentary candidate, Lloyd Mukapiko, polled 443 votes, beating the Zanu PF candidate July Moyo ,who got 282 votes. There were two other makeshift polling booths set up for the civilian voters at the same location where, again, Mnangagwa fared dismally against Chamisa. At Tent B, Chamisa got 362 and Mnangagwa 110, while at Tent C Chamisa polled 422 votes and Mnangagwa 106. In February, parliamentarians cornered Felix Mhona, who at the time was the acting leader of government business in the National Assembly, and outgoing deputy Finance minister Clemence Chiduwa over an unfulfilled promise made to the military personnel in 2020 for the construction of garrison shops inside the barracks to serve soldiers with low-priced basic foodstuffs. In a post-cabinet media briefing in Harare on 26 February 2020, outgoing Finance and Economic Development minister Mthuli Ncube said the cantonment shops would enable military personnel to be “issued with a card or credit limit to buy what they want monthly”. At that time, Zimbabweans, particularly civil servants, were enduring one of the worst economic crises which was characterised by acute shortages of fuel, electricity, foreign currency and basic goods such as maize-meal as well as cooking oil. Ncube’s promise to introduce the garrison shops was calculated at pacifying the soldiers who were increasingly becoming restive. Zimbabwe’s year-on-year inflation was as high as 525% at the time. Two years before the promise, Ncube had introduced austerity measures he said were going to boost the economy. But his interventions turned out to be ruinous to public sector workers, including the military which helped Mnangagwa wrest power from long-time ruler Robert Mugabe in 2017. Junior and middle-ranked military personnel, who had hoped to be rewarded for this, were left grumbling as their economic hardships mounted, with no solution in sight. However, by the time Zimbabwe went to the polls last week, the government had not opened the promised garrison shops, with analysts citing this as the reason for Mnangagwa’s significant losses at the army polling station. The army is the primary branch of the Zimbabwe Defence Forces responsible for land-oriented military operations. It is the largest service branch under the Zimbabwean Joint Operations Command (Joc). However, as reported by The NewsHawks last week, tension between the top echelons in the army and the spy agency, the Central Intelligence Organisation (CIO), which ran Faz, is likely to escalate after the elections as Mnangagwa plans to consign the military to the barracks. Even before the polls, Mnangagwa had long orchestrated a plan to confine the army to the barracks and prop up the influence of the CIO which runs Faz through its deputy director-general, Walter Tapfumaneyi. After the 2018 elections, Mnangagwa was largely seen to have diminished the influence of the military which those close to him say he felt was holding him hostage after catapulting him to the country’s top post. Vice-President Constantino Chiwenga, then commander of the Zimbabwe Defence Forces, led the 2017 military coup which paved the way to Mnangagwa’s ascendancy. Chiwenga went on to swap his military fatigues for civilian power and was appointed Vice-President although his relationship with Mnangagwa was widely seen to have deteriorated over the years over unresolved succession issues. Although Mnangagwa has rung the changes within the military, removing some of Chiwenga’s loyalists and key players in the execution of the coup such as retired Lieutenant-General Anslem Sanyatwe, he still does not fully trust the military hence his move to confine them to the barracks. Sanyatwe is now Zimbabwe’s ambassador to Tanzania. Government officials said if Mnangagwa p4oceeds to form the next government, even on the back of disputed elections, the army will be compelled to accept the new structure. The CIO secretly took over from the military the running of the national elections early this year in a move calculated at manipulating the process in favour of Mnangagwa and Zanu PF. This role had always been stealthily managed by the military for many years. Faz displaced the army's structure called Heritage that used to perform a similar role and other functions. In 2018, the army ran elections through Heritage and Africom, a converged communications services provider. Faz liaised with Zanu PF, government institutions and electoral agencies on behalf of Mnangagwa and his party to ensure his will prevailed. This was largely informed by the need to counter a growing fear of "bhora musango" or internal sabotage. Although it is not a constitutional government body but a ghostly CIO operational structure, Faz was funded through state resources. It was given up to US$10 million in public funds, over 200 vehicles and a number of CIO officers were seconded to the group to coordinate its activities to run elections for Mnangagwa and Zanu PF. Its personnel were surreptitiously paid in United States dollars outside the official government payroll. Tapfumaneyi, a retired brigadier-general, runs Faz and reports directly to Mnangagwa. As part of election campaigns, Faz sent out a large contingent of security operatives to the ground across the country to mobilise votes for Mnangagwa and Zanu PF. The army campaigned for Mnangagwa but in a marginal way. The Faz structures went around the country holding meetings, mobilising people and putting in place logistics for Mnangagwa's election campaigns. Legal experts say the channeling of public resources to the CIO's shadowy structure, Faz, is unconstitutional. Faz's mandate, working together with Zec and its chair Priscilla Chigumba, was to coordinate logistics and decisive forces to retain Mnangagwa in power. This has rattled the army which was previously in charge. One military commander previously described Faz as a "potential Frankenstein monster" during a conversation with a colleague. "Faz, which is a CIO structure, has taken over the running of elections within Zanu PF and nationally," a source said. "It is run by Tapfumaneyi and is answerable to the President. It is a dangerous arrangement as this creature, which we don't even understand, may end up being a Frankenstein monster." The army and CIO have ongoing fierce rivalry which heightened during the coup in 2017. One CIO senior officer, Peter Munetsi, was killed by the army during the coup. The situation is worsened by Zanu PF factionalism and an explosive power struggle over the party's unsettled leadership succession. Since the removal of Mugabe, the leadership question has not been fully addressed, hence occasional eruptions of the problem; with the deadly manifestation of the issue being the White City grenade attack in Bulawayo in June 2018. In his vigorous power consolidation process, Mnangagwa has purged nearly all key members of the coup coalition in a subtle coup-proofing strategy. This has left him relatively unchallenged. Even though Mnangagwa won at congress last October, those aligned to Vice-President Chiwenga say the succession battle is not yet over. Sources said Chiwenga is bitter because Mnangagwa hoodwinked him as they had initially agreed he was going to serve one term and hand over power to his deputy or any other candidate from the army to become state president, subject to elections. However, in the endgame, Mnangagwa, a natural schemer from the days of Mugabe, has planned to shrink the influence of the military and rule with increased collaboration of the CIO if he dribbles past the current challenges to the poll results. The CCC is demanding fresh elections since the Southern African Development Community and international election observer missions have condemned the election process that saw people voting in the dead of night after Zec failed to avail ballots in opposition strongholds. Page 4 News NewsHawks Issue 146, 1 September 2023 Soldiers vote against Mnangagwa amid spiralling cost of living crisis

NewsHawks News Page 5 Issue 146, 1 September 2023 RUVIMBO MUCHENJE AHEAD of Zimbabwean President Emmerson Mnangagwa's inauguration today in Harare which will be attended by some regional leaders after his controversial and hotly-disputed re-election, Zambian President Hakainde Hichilema, in his capacity as South African Development Community (Sadc) organ on defence, politics and security cooperation chairman who deployed the Sadc election observer mission to the country’s recent elections, has showed great courage and commitment to the Sadc Treaty and Protocol on Politics, Defence and Security Cooperation. This comes as the Sadc election observer mission head Nevers Mumba has handed over the final report on Zimbabwe's flawed polls to Hichilema. Mumba has spoken widely on the issue, explaining the process, its objectives and justifying his team's findings which have caused a political stir in Zimbabwe and ripples across the region. The report has left Zimbabwe and Sadc countries deeply divided. Mumba says he had a brief from Hichilema to make sure "Zimbabweans have a free, fair and credible election” by assisting the process as an observer with a Sadc mandate. Sadc member states have an obligation and responsibility to implement interventions designed to promote democratic principles and practices in the region under the Sadc principles and guidelines governing democratic elections. Electoral observation, inter alia, serves to improve electoral integrity, mitigate electoral conflict, enhance public confidence and promote citizen participation in the electoral process. In the short-term, observing elections provides a basis for factual, impartial and objective evaluations of the nature of the electoral process and how events play out during elections. In the long-term, this presents an invaluable opportunity to share experiences, information and strategies for consolidating democratic institutions and development. In brief, observing elections helps to enhance integrity, transparency, credibility and acceptance of the results, as well as legitimacy of the outcome. By refusing to endorse and legitimise Zimbabwe's sham elections, voter suppression, disenfranchisement, fraud and brazen subversion of the people's will, the Sadc election observer mission head Nevers Mumba — deployed and backed by Hichilema — stood on the side of the ordinary people, democracy and the national interest of Zimbabwe under capture by a military-backed regime that staged a coup in 2017. After the coup, Mnangagwa won the 2018 poll amid coercion, fraud and bloodshed. Hichilema and Mumba's firm stand has left Mnangagwa, his cronies and hangers-on snarling with rage and making noises defending electoral theft and the incumbent's illegitimate claim to power; the third time he has done so since the coup. Sadc's preliminary report said Zimbabwe's elections did not meet the regional body's principles and guidelines governing democratic elections. Hichilema stands firm on Zim From left: Former Zambian president Edgar Lungu and Zimbabwean President-Elect Emmerson Mnangagwa. Zimbabwean President-Elect Emmerson Mnangagwa with Zambian President Hakainde Hichilema.

Page 6 News NewsHawks Issue 146, 1 September 2023 NATHAN GUMA ZIMBABWE’S relations with Zambia have become frosty since the Sadc observer mission led by the neighbouring country's former vice-president Nevers Mumba revealed gross irregularities in the country’s disputed general election, won by President Emmerson Mnangagwa. The polls, crucial for Zimbabwe’s re-engagement with the international community, have been flagged by observer missions over gross irregularities, amid indications of intimidation and logistical challenges that saw voting starting late at night at some polling stations, angering the opposition. Zambia has been a strategic partner for the country since the liberation struggle, allowing Zimbabwean freedom fighters from Zipra and Zanla to use its territory for the training of guerillas. The country also provided refuge to Zimbabwean nationalists, and a considerable number of high-profile Zanu and Zapu nationalists, including President Mnangagwa. However, the Sadc observers' report by Mumba has placed in the spotlight Zimbabwe’s frosty relations with Zambia. Signs of tension began showing after Zambian President Hakainde Hichilema in 2021successfully led the then opposition outfit United Party for National Development (UPND) to dislodge Zanu PF ally Edgar Lungu. Mnangagwa’s government has become increasingly worried about the growing anti-ruling party wave sweeping across the region, which has threatened the government with diplomatic isolation, which has been worsened by the country’s tainted human rights record. As previously reported, following shocks from the Zambian election, intelligence sources told The NewsHawks that Mnangagwa’s administration has been closely monitoring the relations between Chamisa and Hichilema’s and their manoeuvres, especially after the Zimbabwean opposition leader’s meetings with the Zambian President, first in Lusaka during his inauguration on 24 August 2021 and in South Africa on 26 January 2022 during a book launch. They met again on 28 October last year, in Lesotho. The book launch was held at the Johannesburg Holocaust and Genocide Centre, at 1 Duncombe Road, Forest Town. Hichilema was guest speaker at the launch of a book titled Expensive Poverty: Why Aid Fails and How it Can Work, written by his friend Greg Mills, director of the Brenthurst Foundation, a Johannesburg-based organisation established by the Oppenheimer family in 2005 to promote new ideas and innovation to strengthen economic performance in Africa. With Brenthurst, Mills has directed numerous reform projects in Africa, including Rwanda (2007-8), Mozambique (2005-11), Swaziland (2010-11), Malawi (2012-14, and again 2020/1), Kenya (2012 and 2020), Lesotho (2008; 2019- 20), Liberia (2006/7), Zambia (2010; 2016), Zimbabwe (2009-13), Ghana (2017), Ethiopia (2019-20), Nigeria (2017- 18), and almost continuously at various levels of government in South Africa. The foundation reportedly bankrolled Hichilema’s UPND during and before its general election. "Since HH [Hichilema] came to power, the Zimbabwean intelligence has been working hard to figure out the nature of his relations with Chamisa and whether it involves financial support,” an intelligence source said. “Their worry is on various fronts: diplomatic, political and geopolitical.” The waves of change in the region, inspired by Hichilema’s unusual feat have also kept Mnangagwa on the tenterhooks. For instance, in October last year, Lesotho Prime Minister Sam Matekane pulled a surprise victory, despite being a political novice, after its two coalition partners won 56 out of 120 parliamentary seats, a slim majority in Parliament, making him Lesotho’s 10th prime minister, and setting a new political record in the region. Matekane made the list of several opposition leaders in the region to defeat incumbents following Hichilema. In 2020, Lazarus Chakwera defeated Peter Mutharika in the Malawian general election, while Felix Tshisekedi also won the Democratic Republic of Congo plebiscite in 2019. Like Zambia’s Hichilema, Matekane is an ally of Zimbabwe’s main opposition Citizens’ Coalition for Change (CCC) leader Nelson Chamisa. Chamisa attended the inauguration in Maseru and met with Matekane at the event which was also attended by regional leaders, including South African President Cyril Ramaphosa and Hichilema of Zambia. Mnangagwa did not attend as he was presiding over Zanu PF’s nomination congress by then, and was represented by Foreign minister Frederick Shava instead. In Kenya’s general election held last year, veteran opposition leader Raila Odinga, who is close to Chamisa, fell short, losing to former deputy president William Ruto. Ruto has signaled that he will not attend Mnangagwa’s inauguration, but will be represented by Prime Cabinet Secretary Musalia Mudavadi. Zim-Zambia relations deteriorate Zambian President Hakainde Hichilema (right) with the country’s former vice-president Nevers Mumba

NewsHawks News Page 7 Issue 146, 1 September 2023 OWEN GAGARE ZIMBABWE’S sham elections, held on 23 August, were boldly rejected by the South African Development Community (Sadc) in a major dramatic and unprecedented political move never seen before after falling short of requirements enunciated in the the country’s constitution, Electoral Act and the Sadc Principles and Guidelines Governing Democratic Elections. The Sadc election observer mission headed by former Zambian vice-president Dr Nevers Mumba noted gross irregularities in its preliminary report despite noting that election day was largely peaceful. “The Mission observed that the pre-election and voting phases, on 23-24 August 2023 harmonised elections were peaceful, and calm. However, the Mission noted that some aspects of the harmonised elections, fell short of the requirements of the Constitution of Zimbabwe, the Electoral Act, and the SADC Principles and Guidelines Governing Democratic Elections (2021),” the report reads. But what are the Sadc Principles and Guidelines Governing Democratic Elections? 1. Introduction Sadc region has made significant strides in the consolidation of the citizens’ participation in the decision-making processes and consolidation of democratic practice and institutions. The constitutions of all Sadc Member States enshrine the principles of equal opportunities and full participation of the citizens in the political process. The southern African countries, building upon their common historical and cultural identity forged over centuries, agreed to encapsulate their commonality into a single vision, that of a SHARED FUTURE. In this context, in 1992 the Southern African countries meeting in Windhoek, the Republic of Namibia, signed a Treaty establishing the Southern African Development Community (Sadc). Article 4 of the Treaty stipulates that "human rights, democracy and the rule of law" are principles guiding the acts of its members. Article 5 of the Treaty outlines the objectives of SADC, which commits the Member States to "promote common political values, systems and other shared values which are transmitted through institutions, which are democratic, legitimate and effective. It also commits Member States to "consolidate, defend and maintain democracy, peace, security and stability" in the region. The Protocol on Politics, Defence and Security Cooperation provides that Sadc shall "promote the development of democratic institutions and practices within the territories of State Parties and encourage the observance of universal human rights as provided for in the Charter and Conventions of the Organisation of African Unity [African Union] and the United Nations." In addition, the Strategic Indicative Plan for the Organ (SIPO), as the implementation framework of the Protocol, emphasizes the need for democratic consolidation in the region. The development of the principles governing democratic elections aims at enhancing the transparency and credibility of elections and democratic governance as well as ensuring the acceptance of election results by all contesting parties. The Guidelines are not only informed by the Sadc legal and policy instruments but also by the major principles and guidelines emanating from the OAU/AU Declaration on the Principles Governing Democratic Elections in Africa – AHG/DECL.1 (XXXVIII) and the AU Guidelines for African Union Electoral Observation and Monitoring Missions – EX/CL/35 (III) Annex II. 2. Principles for conducting democratic elections 2.1 In the event a Member State decides to extend an invitation to Sadc to observe its elections, this shall be based on the provisions of the Protocol on Politics, Defence and Security Cooperation. 2.2 Sadc Member States shall adhere to the following principles in the conduct of democratic elections: 2.1.1 Full participation of the citizens in the political process; 2.1.2 Freedom of association; 2.1.3 Political tolerance; 2.1.4 Regular intervals for elections as provided for by the respective National Constitutions; 2.1.5 Equal opportunity for all political parties to access the state media; 2.1.6 Equal opportunity to exercise the right to vote and be voted for; 2.1.7 Independence of the Judiciary and impartiality of the electoral institutions; and 2.1.8 Voter education. 2.1.9 Acceptance and respect of the election results by political parties proclaimed to have been free and fair by the competent National Electoral Authorities in accordance with the law of the land. 2.1.10 Challenge of the election results as provided for in the law of the land. 3. Mandate and constitution of the Sadc Observer Mission 3.1 In the event a Member State deems it necessary to invite Sadc to observe is elections, the Sadc Electoral Observation Missions (SEOM) have an Observation role. The mandate of the Mission shall be based on the Treaty and the Protocol on Politics, Defence and Security Cooperation. 3.2 The Chairperson of the Organ shall officially constitute the Mission upon receipt of an official invitation from the Electoral Authority of a Member State holding the elections. 3.3 The Chairperson of the Organ shall mandate the Executive Secretary to issue a Letter of Credential to each Member of the SEOM prior to their deployment into the Member State holding elections. 3.4 The constitution of the Mission should comply with the Sadc policies relating to gender balance. While recognising that the Members of the Mission may come from different political parties in the home countries, they should behave as a team. 4. Guidelines for the observation of elections 4.1 Sadc Member States shall be guided by the following guidelines to determine the nature and scope of election observation: 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens; 4.1.2 Conducive environment for free, fair and peaceful elections; 4.1.3 Non-discrimination in the voters’ registration; 4.1.4 Existence of updated and accessible voters roll; 4.1.5 Timeous announcement of the election date; 4.1.6 Where applicable, funding of political parties must be transparent and based on agreed threshold in accordance with the laws of the land; 4.1.7 Polling Stations should be in neutral places; 4.1.8 Counting of the votes at polling stations; 4.1.9 Establishment of the mechanism for assisting the planning and deployment of electoral observation missions; and 4.1.10 Sadc Election Observation Missions should be deployed at least two weeks before the voting day. 5. Code of conduct for election observers 5.1 The code of conduct for the elections observers of Sadc are consistent with those of the OAU/AU Declaration on the Principles Governing Democratic Elections in Africa - AHG/DECL. 1 (XXXVIII). In this regard, the Sadc Election Observation Missions shall adhere to the following code of conduct: 5.1.1 Must comply with all national laws and regulations; 5.1.2 Shall maintain strict impartiality in the conduct of their duties, and shall at no time express any bias or preference in relation to national authorities, parties and candidates in contention in the Election process. Furthermore they will not display or wear any partisan symbols, colours or banners; 5.1.3 Shall neither accept nor attempt to procure any gifts, favours or inducements from a candidate, their agent, the parties or any other organisation or person involved in the electoral process; 5.1.4 Shall immediately disclose to the relevant Sadc structures any relationship that could lead to a conflict of interest with their duties or with the process of the observation and assessment of the elections; 5.1.5 Will base all reports and conclusions on well documented, factual, and verifiable evidence from multiple number of credible sources, as well as their own eye witness acZim's polls didn't meet standards SADC principles and guidelines governing democratic elections

Page 8 News NewsHawks Issue 146, 1 September 2023 counts; 5.1.6 Shall seek a response from the person or organisation concerned before treating any unsubstantiated allegation as valid; 5.1.7 Shall identify in their reports the exact information and the sources of the information they have gathered and used as a basis for their assessment of the electoral process or environment; 5.1.8 Shall report all information gathered or witnessed by them honestly and accurately; 5.1.9 Shall, when meeting election officials, relevant state authorities and public officials, parties, candidates and their agents shall inform them of the aims and objectives of the SEOM; 5.1.10 May wish to bring irregularities to the attention of the local election officials, but they must never give instructions or countermand decisions of the election officials; 5.1.11 Will carry any prescribed identification issued at all times, and will identify themselves to any interested authority upon request; 5.1.12 Will undertake their duties in an unobtrusive manner, and will not interfere with the election process, polling day procedures, or the vote count; 5.1.13 Will refrain from making personal or premature comments or judgements about their observations to the media or any other interested persons, and will limit any remarks to general information about the nature of their activity as observers; 5.1.14 Must participate in the briefings/ training provided by the SEOM; 5.1.15 Must provide their reports on time to their supervisors and attend any debriefings as required; and 5.1.16 Should work harmoniously with each other and with observers from other organisations in their area of deployment. 6. Rights and responsibilities of Sadc election observers 6.1 The rights and responsibilities of the SOEM are based on the Sadc experience and the AU Guidelines for Electoral Observation and Monitoring Missions. Accordingly the following shall be the rights and responsibilities of the Sadc Elections Observers: 6.1.1 Freedom of movement within the host country; 6.1.2. Accreditation as election observers on a non-discriminatory basis: 6.1.3. Unhindered access to and communicate freely with the media; 6.1.4 Free access to all legislation and regulations governing the electoral process and environment; 6.1.5 Free access to electoral registers or voters’ roll; 6.1.6 Unimpeded and unrestricted access to all polling stations and counting centres; 6.1.7. Communicate freely with all competing political parties, candidates, other political associations and organisations, and civil society organisations; 6.1.8. Communicate freely with voters without prejudice to the electoral law proscribing such communication in order to protect the secrecy of the vote; 6.1.9 Communicate with and have unimpeded and unrestricted access to the National ElectionCommission or appropriate electoral authority and all other election administrators; 6.1.10. The SEOM shall be headed by an appropriate official from the Office of the Chairperson of the Organ who shall also be the spokesperson of the Mission; 6.1.11. Send regular reports on the electoral observation process to the Representative of the Organ on issues that may require urgent consideration; 6.1.12 Issue a statement on the conduct and outcome of the elections immediately after the announcement of the result; and 6.1.13 Prepare a Final Report within 30 (thirty) days after the announcement of the results. 7. Responsibilities of the member state holding elections 7.1 Take necessary measures to ensure the scrupulous implementation of the above principles, in accordance with the constitutional processes of the country; 7.2 Establish where none exist, appropriate institutions where issues such as codes of conduct, citizenship, residency, age requirements for eligible voters and compilation of voters’ registers, would be addressed; 7.3 Establish impartial, all-inclusive, competent and accountable national electoral bodies staffed by qualified personnel, as well as competent legal entities including effective constitutional courts to arbitrate in the event of disputes arising from the conduct of elections; 7.4 Safeguard the human and civil liberties of all citizens including the freedom of movement, assembly, association, expression, and campaigning as well as access to the media on the part of all stakeholders, during electoral processes as provided for under 2.1.5 above; 7.5 Take all necessary measures and precautions to prevent the perpetration of fraud, rigging or any other illegal practices throughout the whole electoral process, in order to maintain peace and security; 7.6 Ensure the availability of adequate logistics and resources for carrying out democratic elections; 7.7 Ensure that adequate security is provided to all parties participating in elections; 7.8 Ensure the transparency and integrity of the entire electoral process by facilitating the deployment of representatives of political parties and individual candidates at polling and counting stations and by accrediting national and/other observers/monitors; 7.9 Encourage the participation of women, disabled and youth in all aspects of the electoral process in accordance with the national laws; 7.10 Issuing invitation by the relevant Electoral Institutions of the country in election to Sadc 90 (ninety) days before the voting day in order to allow an adequate preparation for the deployment of the Electoral Observation Mission; 7.11 Ensure freedom of movement of the members of the SEOM within the host country; 7.12 Accreditation of the members of the SEOM as election observers on a non-discriminatory basis; 7.13 Allow the members of the SEOM to communicate freely with all competing political parties, candidates, other political associations and organisations, and civil society organizations; 7.14 Allow the members of the SEOM to communicate freely with voters except when the electoral law reasonably prescribes such communication in order to protect the secrecy of the vote; 7.15 Allow the members of the SEOM an unhindered access to and communicate freely with the media; 7.16 Allow the members of the SEOM to communicate with and have unimpeded access to the National Election Commission or appropriate electoral authority and all other election administrators; 7.17 Allow the members of the SEOM free access to all legislation and regulations governing the electoral process and environment; 7.18 Allow the members of the SEOM free access to all electoral registers or voters’ list; 7.19 Ensure that the members of the SEOM have an unimpeded and unrestricted access to all polling stations and counting centres. Former Zambian vice-president Nevers Mumba

NewsHawks #ZimElection2023 News Page 9 Issue 146, 1 September 2023 NATHAN GUMA ALTHOUGH the Zanu PF government has desperately endeavoured to discredit the preliminary report of the Southern African Development Community Electoral Observer Mission (SEOM) on the country’s general elections, a legal and parliamentary affairs thinktank, Veritas Zinbabwe, says the mission has operated within its mandate in evaluating the electoral laws and recommending reforms. While the SEOM's criticisms and recommendations provoked a storm of protest from Zanu PF, Veritas said the mission operated within its mandate as stipulated in the Sadc Guidelines and Principles which ensures that member states hold free and fair elections, while encouraging them to respect their constitutions and laws. In its preliminary report, the SEOM rejected Zimbabwe’s sham election won by President Emmerson Mnangagwa, in a major dramatic and unprecedented political move never seen before in the region, leaving the polls broadly discredited. The disputed election, underlined by intimidation and logistical challenges, saw voting starting at night at some polling stations, especially in opposition strongholds. After the election, Mnangagwa said: “I am aware that some observer missions went beyond their call of duty and began interrogating legislation passed by our Parliament . . . I don’t think it is in the mandate of election observers to interrogate institutions of a sovereign government.” The SEOM pointed out serious flaws in the delimitation of constituencies that gave Zanu PF an unfair advantage over the opposition and also highlighted violations of the Electoral Act in failure by the Zimbabwe Electoral Commission (Zec) to present the opposition with an auditable copy of the voters' roll. “The delimitation of constituencies, the mission suggested, was flawed in that constituencies varied by more than the 20 per cent permitted by section 161(6) of the Constitution. The Zec failed to make the voters rolls available in good time to contesting parties, violating section 21 of the Electoral Act and the constitutional requirement that elections be transparent and fair,” said the mission led by former Zambian president Nevers Mumba. SEOM also underlined violations in the freedom of assembly and speech through the banning of opposition rallies and amendments to the Criminal Law (Codification and Reform) Act which criminalises holding meetings with foreign governments. “High nomination fees may have discouraged less well-off people, including women, from standing as candidates, in violation of paragraph 4.1.7 of the SADC Principles and Guidelines. State media — press and broadcasting — favoured one political party over the others, contrary to the Constitution, the Electoral Act and the SADC Principles and Guidelines,” reads part of the analysis. Veritas said Zimbabwe, being a member of Sadc, is bound by the guidelines which also promote the holding of regular free and fair, transparent, credible and peaceful democratic elections. According to the guidelines: “A SEOM must observe whether the member state’s legal and constitutional framework guarantees human rights relevant to elections [Article 11.3.2]. More specifically, the SEOM should assess “the structure and model of the electoral system, the Electoral Management Board, the Electoral Act and regulations and the nature of civil and political rights” [Article 13.2.3]. “Also in the pre-election period, a SEOM must inquire into the delimitation of electoral boundaries — whether the factors considered were in accordance with the law of the land [article 11.3.6]. During the electoral period a SEOM must assess the locations of polling stations, the production and distribution of ballot papers, the processes of voting and counting votes and the adequacy of safeguards against inaccuracies [article 13.5].” “In the post-electoral period, the mission is mandated to observe whether there are effective remedies for violations of electoral-related rights [article 11.7.1.1.]. Also in the post-electoral period, a SEOM must assess “the development of changes to electoral-related laws, rules, regulations and administrative procedures preceding and following elections” [Article 13.6.2.1]. Veritas says it is unfair for the government to attack the observer mission. “If government spokespersons do not like those criticisms and recommendations they are entitled to say so and to rebut them if they can; but if they have any knowledge of or respect for our country’s obligations under the Sadc Treaty they should not claim that the mission exceeded its mandate,” it said. Sadc Observer Mission above board

Page 10 #ZimElection2023 News NewsHawks Issue 146, 1 September 2023 RUVIMBO MUCHENJE CALLS for a fresh election by the Citizens' Coalition for Change (CCC) can only be guaranteed by a court of law, legal experts have pointed out, as the opposition runs out of time to lodge an appeal. Justice Alfred Mavedzenge, a lawyer based in South Africa, told The NewsHawks that without going to court, the public denouncing of the 23 August polls becomes mere banter. “There is no legal support for the position that CCC has taken. I say this because in terms of the constitution of Zimbabwe elections are due every five years. And the election that was held in August is considered to be a valid election until and unless it is challenged in a court of law. If that election that was held in August 2023 is not declared null and void, then the result of that election is valid for the next five years,” said Mavedzenge. The election process was widely condemned by observer missions that were on duty on election day citing voter supression in opposition strongholds in Harare, Bulawayo and Manicaland. The Zimbabwe Electoral Commission (Zec) has already gazetted the results after declaring Emmerson Mnangagwa the winner (52.6% of the vote) and Nelson Chamisa as the runner-up with 44%. Section 93.1 of the constitution of Zimbabwe provides that if there is a dispute in the election process, aggrieved parties should approach the court within seven days of declaration of results and if the court grants the aggrieved party a re-election it should be done within 60 days of the court order. “Subject to this section, any aggrieved candidate may challenge the validity of an election of a president or vice-president by lodging a petition or application with the Constitutional Court within seven days after the declaration of the results of the election,” reads the constitution. “In determining a petition or application under sub-section 1, the Constitutional Court may invalidate the election, in which case a fresh election must be held within sixty days after the determination,” reads section 93.4(b) of the constitution. CCC has however not revealed its game plan as the leaders have ducked and dived when asked at Press conferences whether they are going to court or not as the seven-day window elapses on Tuesday, 5 August 2023. Mavedzenge’s voice is not isolated on the matter, as the deported British professor Stephen Chan has also reinforced the need for the opposition to go to court while rolling out a diplomatic offensive. “. . . It seems the strategy is to call upon Sadc and the AU to support this call. This may not be successful. Observer reports are one thing, repudiating a government, even one in place by tainted means, is something else. Sadc etc will say to try the courts first, but the courts, in likely ruling against the CCC, will simply validate the government, further reinforcing the Sadc/AU reluctance actually to intervene,” said Chan. The CCC is however caught between a rock and a hard place as the party is supposed to lodge its complaints to a court that has previously dismissed the opposition party's cases as not urgent or not properly before the court. Mavedzenge notes this as a hurdle for Chamisa and team in challenging the results of this election. The other option the CCC has is to embark on a diplomatic offensive, but the party needs evidence showing that the result was manipulated. “The only way that they can succeed in their call for fresh elections is if they manage to politically persuade Sadc and AU that this election was flawed to the extent that Sadc and AU can be able to put pressure on the government of Zimbabwe to amend the constitution and organise a rerun. But for the CCC to succeed on that journey they need two things, first they need credible evidence to demonstrate that the election was flawed, in particular the V11s in order to show that the result was manipulated which is their point right now; they are saying the results that Zec has announced are rigged, so they need them to show in unequivocal terms that the election was rigged,” said Mavedzenge. Fears have been raised that they might have had manpower across the 12 317 polling stations across the country. Political analyst Pedzisai Ruhanya also cast doubt on the possibility of the country holding fresh elections. “Zanu PF will not agree,” he said. Only court can order fresh polls

NewsHawks #ZimElection2023 News Page 11 Issue 146, 1 September 2023 NATHAN GUMA ALTHOUGH President Emmerson Mnangagwa has received a few congratulatory messages from heads of state before his inauguration ceremony, most of them are leaders of countries which have controversially benefitted from Zimbabwe's natural resources, The NewsHawks has learnt. Congratulatory messages have been slowly trickling in since Mnangagwa won the disputed 23 and 24 August election that has been condemned by observer missions as neither free, fair nor credible. Analysts say Mnangagwa has been at pains to legitimise the election, which was seen as key in cleansing the country’s battered image on the international stage. This week, Centre for Natural Resource Governance director Farai Maguwu has expressed concern over the interests harboured by some of the countries who have rushed to send congratulatory messages to Mnangagwa in the aftermath of the disputed polls. Belarus “It is no coincidence that some leaders, some of whom have not held a democratic election, have sent congratulatory messages for holding a peaceful election. It is really a shame that the national interest is absent in all this,” Maguwu told The NewsHawks. “Belarus has a big exclusive prospecting order (EPO) that it was given in Manicaland. They are shifting the course of Mutare River in order to extract gold and, in the process, contributing to massive river siltation with a far-reaching impact on Odzi River and Save River. Residents are complaining about the sand that is being deposited into the rivers. “Then there is also the demolition of hills. The residents have written to the Environmental Management Agency (Ema) complaining, but because Belarusian company Zim Goldfields is linked to powerful people in Manicaland, Ema in Manicaland has not been able to stop them.” In 2018, Belarusian company Zim Goldfields obtained permits to prospect for gold on nearly 55 000 hectares in three locations, and was given a five-year “special grant” to mine along Mutare River. Zim Goldfields was given the permit after autocratic Belarusian President Alexander Lukashenko dispatched his right-hand man Viktor Sheiman to Zimbabwe to negotiate trade and business deals on his government’s behalf in March 2018. China Maguwu said China, which also sent a congratulatory message to Mnangagwa, has been the major beneficiary of the country’s lithium. “More than 90% of it is destined for China while the remainder is going to South Africa. So, the Chinese have captured the whole territory, and it is theirs to loot, as long as they are paying bribes, they are free to loot the country dry,” Maguwu said. The Zimbabwe Environmental Law Association’s (Zela) February investigation has also revealed that foreign buyers are smuggling lithium ore, which is bought in bulk from artisanal miners. For instance, during one of Zela’s visits to mining sites in Mberengwa, there were various buyers of lithium who were operating haulage trucks at night. It also emerged that the lithium miners sell the mineral to buyers, mostly Chinese nationals, who clandestinely drive at night to these remote areas for collection, according to the report. The Chinese nationals are said to be the best buyers, forking out between US$120 and US$150 on average for a tonne of lithium. Russia In 2014, Penhalonga residents expressed concern over the mining operations of DZT-Ozgeo, a joint venture between the Development Trust of Zimbabwe (DTZ) and Russia’s Ozgeo, accused of causing environmental degradation along Mutare River where it had been mining alluvial gold, while failing to benefit local communities. “Apart from massive environmental degradation, nobody could explain how DTZ-Ozgeo was benefitting the residents of Penhalonga. There was no single structure or housing unit constructed by DTZ-Ozgeo in Penhalonga for the 10 years they operated in the area. The company security personnel tortured many people to death on allegations of illegal mining within its concession,” Maguwu said. Russia has also been involved in the US$3 billion Great Dyke Investments platinum project in Darwendale which was a joint venture between the Zimbabwe Mining Development Corporation (ZMDC) and a Russian consortium comprising of Vi Holdings, arms conglomerate Rostec and Vnesheconombank, with allegations that the Zimbabwe National Army owned a 30% stake in the GDI joint venture. As previously reported by The NewsHawks, the Russians pulled out of the Darwendale deal in 2021 due to a plethora of problems which include corruption, mismanagement, mistrust and poor planning. After the deal crumbled, the Russians ceded their 50% stake in the company to Zimbabwe’s Kuvimba Mining House. Parliament has queried Kuvimba Mining House’s shareholding, which is said to be 65% owned by the government and 35% by ghost shareholders. The company now controls 50% of Great Dyke Investments. “Russia, we know they were given a five-year platinum deal, where they will be on tax holiday, where they would be looting platinum without paying anything to Treasury. The deal has collapsed. Government has given Alrosa; the last time I heard it had 46 exclusive prospecting orders (EPO) right from Manicaland to Tsholotsho in Matabeleland,” Maguwu said. South Africa While South African President Cyril Ramaphosa has been at pains to explain why he had sent congratulatory messages to Mnangagwa, Maguwu said the neighbouring country has been the major beneficiary of Zimbabwe’s economic crisis. “We have South Africa which is the biggest beneficiary of Zimbabwe’s demise. Our platinum and chrome has been monopolised by South Africa. At one point, the biggest gold producer in Zimbabwe was Metallon Gold. “So, even our manufacturing industries since 2007 migrated to South Africa. So, the South African government is singing about anti-imperialistic propaganda, so that our workforce goes to South Africa.” Congratulatory messages motivated by self-interest President Emmerson Mnangagwa (right) with Belarusian President Alexander Lukashenko

Page 12 #ZimElection2023 NewsHawks Issue 146, 1 September 2023 OWEN GAGARE THE opposition CCC’s decision not to challenge in court the results of the discredited 23 August general elections has denied President Emmerson Mnangagwa’s close ally, Chief Justice Luke Malaba, another chance to be the ace up the Zanu PF leader's sleeve, like five years ago when the judiciary upheld his controversial win. Mnangagwa was desperate to have Malaba in charge of the judiciary ahead of the 2023 elections, such that the Zanu PF strongman trashed the constitution and spearheaded significant amendments which enabled him to consolidate power while ensuring that the Chief Justice’s tenure was extended beyond the previous retirement age of 70. Zanu PF insiders told The NewsHawks at the time that Mnangagwa wanted Malaba to superintend over any electoral challenges, like he did in 2018. Malaba turned 70 on 15 May 2021, but thanks to the Constitution of Zimbabwe Amendment (No.1 and No.2) Bills which Mnangagwa assented to, he remains in office. The amendments aided Mnangagwa’s power consolidation bid, by weakening other arms of the state such as the judiciary. On 6 April 2021, the Zimbabwean Senate passed Constitutional Amendment Bill (No.1), which had been declared null and void by the Constitutional Court (ConCourt) on 31 March 2020, after it was unconstitutionally approved by the upper House on 1 August 2017 without the required two-thirds majority (54 votes out of the total 80 membership — meaning the Bill had failed to meet the required majority threshold by one vote). The main effect of the Bill was to change the procedure for the appointment of the Chief Justice, the Deputy Chief Justice and the Judge President of the High Court. These appointments are now made by the President after consultation with the Judicial Service Commission (JSC). The Zimbabwe Amendment (No.2) Bill allowed Mnangagwa to remove the running mate close so that he has a pliant deputy, while giving him greater control over cabinet, the Prosecutor-General and Public Protector. Crucially also, it permitted the President to promote judges of the High Court and the Supreme Court to a higher court on the recommendation of the JSC, without the need for public interviews, thereby opening the door to promotions on the basis of political suitability and cronyism. It allowed judges of the ConCourt and the Supreme Court to continue to serve beyond the current retirement age of 70, if the President, after consulting the JSC, consented to their doing so. This effectively stripped judges of their security of tenure, thus their independence, since they will hold office from year to year subject to the President’s whim. As observed by legal watchdog Veritas at the time, the independence, impartiality and effectiveness of the courts are central to the rule of law and democratic governance. Judicial officers are also expected to be independent and impartial, and must be perceived to be so by the general public. However, by increasing the President’s power over judges, the Bill effectively reduced their independence and their perceived impartiality. In the public interest, The NewsHawks rehashes and republishes a story we first ran on 19 February 2021 explaining why President Emmerson Mnangagwa desperately wanted the amenable judiciary boss to remain in office for another five years renewable annually. That way, Malaba’s new tenure would be entirely dependent on Mnangagwa’s whim and caprice, posing a fatal danger to judicial independence and democracy, whi are already in the intensive care unit. The stakes were very high in the elaborate power retention plot by Mnangagwa and Malaba ahead of the 2023 elections, with far-reaching political, constitutional and rule of law, as well as governance and accountability implications. Now that the Zimbabwe has held yet another controversial election rejected as a sham by many observers, including the Southern African Development Community (Sadc) in a major dramatic and unprecedented political move never seen before in the region, the stage was set for Malaba to deliver for Mnangagwa again. Why Mnangagwa wanted Malaba to stay Despite the fact that Chief Justice Luke Malaba’s judicial career was supposed to end by operation of law at midnight on 15 May 2021 when he turned 70, President Emmerson Mnangagwa wanted him to stay on ahead of the 2023 elections in a brazen high-stakes political power retention plot which marks a new low even by Zimbabwe’s poor democratic standards, top official sources say. Malaba — who sits at the helm of the third pillar of state as head of the judiciary — has been Mnangagwa’s long-time ally, including when he was deputising the late former president Robert Mugabe, and also while serving as Justice minister well before the November 2017 coup. Mnangagwa heads the executive, while the legislature is under Zanu PF control. The media, also known as the fourth estate or an informal fourth pillar of the state, is largely under Mnangagwa’s control, especially following the now-so-open capture of private media houses by his regime. The public media has always largely been Zanu PF’s mouthpiece. Ahead of the 2023 elections, six new television licences were dished out to the Mnangagwa administration’s allies, leaving a vast swathe of the media landscape under government or Zanu PF control and influence as part of the political strategy of cooption and capture of dissenting voices with all sorts of incentives brandished to the targets in exchange for direct or tacit support. The Chief Justice has been a vital cog in Mnangagwa’s political machinery, helping him to sanitise and legitimise the coup which toppled Mugabe, and thrust him into power. Malaba has also run the judiciary in a way that has helped Mnangagwa’s regime to consolidate power, government insiders say. Crucially also, Malaba delivered the Constitutional Court judgment which confirmed Mnangagwa’s disputed 30 July 2018 presidential election victory, after dismissing an electoral petition by main opposition MDC-Alliance leader Nelson Chamisa. In a unanimous ruling of the nine judges of the country’s top court, Malaba said Chamisa had failed to prove allegations of fraud and manipulation of the vote during the presidential poll. “Emmerson Dambudzo Mnangagwa is duly declared the winner of the presidential elections held on the 30th of July 2018,” Malaba said in his judgment which had attracted widespread attention at home and abroad. It is understood that Malaba prevailed over some judges to ensure the unanimous ruling. Some judges wanted to dissent, but were whipped in line, sources said. Government and judicial officials say Malaba was Mnangagwa’s strategic candidate to replace the late Chief Justice Godfrey Chidyausiku when he was Vice-President and Justice minister, while also plotting to succeed the late former president Robert Mugabe. The Mnangagwa Zanu PF faction, which batMalaba denied another loyalty flex Chief Justice Luke Malaba

NewsHawks #ZimElection2023 News Page 13 Issue 146, 1 September 2023 tled for power against the rival group that had coalesced around Mugabe’s wife Grace, broadly wanted Judge President George Chiweshe to succeed Chidyausiku. But Mnangagwa personally thought Malaba was the man for the job. Chiweshe, who has a military background, was viewed by Mnangagwa’s faction as Vice-President Constantino Chiwenga’s loyalist. Mnangagwa and Chiwenga are currently locked in a simmering power struggle. In his monograph on the presidential election, Excelgate: How Zimbabwe’s 2018 Presidential Election Was Stolen, former minister and MP Jonathan Moyo — an ex-Mnangagwa ally — says the Zimbabwe Electoral Commission helped Mnangagwa to rig the 2018 elections. Moyo, also a professor of politics, says Malaba dismissed Chamisa’s application soon after receiving it while in Pretoria, South Africa, where he was attending his son’s wedding, which suggests a pre-determined outcome. “While there, Malaba received a copy of Chamisa’s ConCourt application from a senior legal officer at the Judicial Service Commission as he was relaxing by the swimming pool at Pretoria Sheraton Hotel,” Moyo writes. “After reading the application, Malaba turned to the judicial officer and asked him ‘Is that all’? to which the officer replied ‘Yes Sir’. Malaba then shook his head and remarked: ‘Ok, akula lutho la (There is nothing here). “By those words, Malaba meant there was no case and he was going to have Chamisa’s application dismissed, even before the case was heard on its merits.” Moyo further said Malaba’s attitude was not surprising, given the close relationship between the two. “When I worked closely with him and Emmerson Mnangagwa between March 2013 and December 2014, in the run up to his election as Vice-President and second secretary of Zanu PF at the expense of Joice Mujuru, Mnangagwa used to refer to the late Chief Justice Godfrey Chidyausiku as mutengesi (sellout) and to Malaba as munhu wangu uyo (my man).” In a July 2018 court ruling, Malaba said Mugabe freely and voluntarily stepped down, adding Mnangagwa’s assumption of power was done in terms of the law, although it was clear he had seized power through a coup. It was also common cause Mugabe has resigned at gunpoint. This followed an application by the Liberal Democrats and Revolutionary Freedom Fighters, Bongani Nyathi, Linda Masarira and Vusumuzi Sibanda who contested the legality of the Mnangagwa-led government. They argued that Mugabe tendered the resignation under duress — surrounded by the army — and that Mnangagwa’s ascendancy was unconstitutional. They further said that the impeachment process that was instituted prior to Mugabe’s resignation was unlawful and that it served to coerce him to step down. However, Malaba, sitting in chambers, ruled the constitutional challenge was frivolous and vexatious given that Mugabe carefully applied his mind and decided to step down without the embarrassment of impeachment. “The former president’s written notice of resignation speaks for itself,” Malaba said. “It sets the context in which it was written. He candidly reveals the fact that he had communicated with the Speaker of Parliament at 1353 hours. In the communication, the former President expressed to the Speaker his desire to resign from the Office of President. “The Speaker must have advised him that for the resignation to have the legal effect of bringing his presidency to an end, it had to be communicated to him by means of a written notice. “A written notice of resignation addressed to the Speaker and signed by the President, on the face of it, meets the first requirement of constitutional validity.” Malaba argued that “what the former President said in the written notice of resignation is the best evidence available of the state of his mind at the time.” “He (Mugabe) said he was free to express his will to resign. Not only does the former President declare in the written notice that he made the decision voluntarily, he gives reasons for doing so in clear and unambiguous language,” Malaba said. “He said he was motivated by the desire to ‘ensure a smooth, peaceful and non-violent transfer of power that underpins national security, peace and sustainability’.” Malaba said Mnangagwa’s assumption of office was therefore done in accordance with the provisions of the constitution after a vacancy had arisen due to the resignation. He did not address the issue of former vice-president Phelekezela Mphoko who was the next in line to take over in the interregnum, as the last acting vice-president after Mnangagwa’s dismissal, in terms of the constitution. The Chief Justice’s judgment followed a November 2017 ruling by Justice Chiweshe which legitimised the coup. Chiweshe had ruled that the military intervention by the Zimbabwe Defence Forces which led to Mugabe’s resignation was constitutional, as the military sought to restore order in the country. He said the military’s actions in intervening to stop the takeover of Mugabe’s functions “by those around him are constitutionally permissible and lawful”. Malaba and Chiweshe thus played a critical role in sanitising and legitimising the coup which brought Mnangagwa to power. Judges always play a critical role in legitimising coups the morning after. A government official told The NewsHawks in 2021 that Mnangagwa was confident Malaba is loyal to him and must therefore stay on for the 2023 elections and other issues. “He has demonstrated beyond any reasonable doubt that he is loyal to the President. He helped him during Chamisa’s ConCourt application and played a big role to legitimise his rise to power. So that’s why the President wants him to remain in the position with 2023 in mind,” the official said. All of Zimbabwe’s presidential elections since 2002, except the bloody 2008 poll, have been contested in the courts. After his appointment as chief justice in 2017, Malaba has sought to control the judiciary to help Mnangagwa’s administration consolidate power, insiders say. As a result, there has been no separate or dissenting judgment in the higher courts since then. A separate judgment is when a judge differs with colleagues usually on reasons, but not necessarily on the conclusion. The reasoning forming the basis of the court’s decision is separate from the judgment and is called “reasons” or “reasons for judgment.” A dissenting judgment is when a judge differs with colleagues on a judgment and writes his or her own ruling. Judges were always concurring until the Justice Rita Makarau judgment on Constitutional Amendment (No. 1) Bill of 25 February 2021 in which Justice Anne-Marie Gowora wrote a sharply dissenting ruling on how Senate must handle the issue. This was before senate on 6 April passed the Bill, which now awaits presidential assent into law, amid a series of constitutional and legal irregularities. Ironically in 2013, Malaba, then deputy chief justice, wrote a prominent dissenting judgment in a case in which political activist Jealousy Mawarire approached the courts to force the government to hold elections by 31 July that year, while opposition parties wanted reforms first to ensure credible polls. The constitutional court granted the order, although Malaba and Justice Bharat Patel dissented and had “reasons for judgment” respectively, with the judgment directing Mugabe to hold elections by 31 July 2013. This was despite the court finding that Mugabe was in breach of his constitutional responsibilities. Malaba famously said the judgment “defied logic”. “That is a very dangerous principle and has no basis in law. The principle of the rule of law just does not permit such an approach,” said Malaba.“I, however, refuse to have wool cast over the inner eye of my mind on this matter.” In his book, Moyo also says in the run up to the coup, Mnangagwa worked hard to amend section 180 of the constitution to bar public interviews for the Chief Justice, Deputy Chief Justice and Judge President so that he could handpick his preferred judges when he came in. “When the amendment was introduced by Mnangagwa shortly before the coup, its intended beneficiaries were Mnangagwa himself and Malaba. It is not surprising that, with the amendment in their pocket, now Mnangagwa wants to raise the retirement age for judges to ensure that Malaba remains at the helm of the judiciary to do in 2023 what he did for him in 2018,” Moyo writes. Moyo says those who saw Malaba as a jurisprudentially progressive judge have been surprised and disappointed by his support of the coup, and the subsequent repression. “The point many have missed is that Malaba was anti-Mugabe and pro-Mnangagwa, not a neutral judge bound by constitutionalism. For Malaba it was personal and thus had nothing to do with justice, constitutionalism or progressive jurisprudence.” Government officials this week said Moyo was correct in his assessment of Mnangagwa and Malaba’s relations and their 2023 electoral agenda. Malaba played a critical role in sanitising and legitimising the coup which brought Mnangagwa to power in 2017.

Page 14 #ZimElection2023 News NewsHawks Issue 146, 1 September 2023 NATHAN GUMA THE Carter Centre Observer Mission to Zimbabwe has poked holes into the country’s general election, saying the electoral process did not adequately respect regional and international commitments for democratic and inclusive elections. As a result, contestants’ ability to compete on an equal basis was undermined, the non-profit organisation says. Apart from a plethora of anomalies, the election was marred by voter intimidation and logistical challenges which resulted in some polling stations, especially in opposition strongholds, opening at night. President Emmerson Mnangagwa won the disputed election, which has been rejected by the Southern African Development Community Electoral Observer Mission (SEOM), in a major dramatic and unprecedented political move, leaving the elections extensively discredited. More observer missions, including the European Union Election Observer Mission (EOM), AU-Comesa and the Commonwealth, have also indicated inadequacies in Zimbabwe’s election, Findings by the Carter Centre mission in its preliminary report released this week have revealed inadequacies, violation of electoral laws, intimidation and a possible exclusion of potential voters from the electoral process. “The legal framework governing Zec operations does not fully ensure institutional independence. This includes the need to obtain approval from the Minister of Justice for legislative amendments proposed by Zec, among other things,” reads part of the preliminary report. “The Zimbabwean constitution stipulates that after the call for elections, no change to the electoral law or to any other law related to the elections shall be made. Following the proclamation of elections on May 31, 2023, however, the legal framework for elections was changed through amendments to Electoral Act and Statutory Instruments (SIs), which is at odds with international best practices. "For instance, the general election was thrown into turmoil after the government controversially changed the Electoral Act to alter the deadline of postal votes.” Zec confirmed that the government gazetted Statutory Instrument 140A of 2023 which altered the deadline for the submission of postal voting materials to it from 9 August to 20 August due to delays triggered by a series of electoral court cases. The mission has also underlined irregularities in voter registration, which was shorter, raising fears that potential voters could have been left out. Zec’s voter registration blitz ran from March 12-26, and saw the electoral body registering more than 450 000 voters. The exercise, which ran for 19 days is shorter than that of 2018, which was allocated 72 days. Zimbabwe has continuous voter registration that has been under the administration of Zec since 2013. Biometric details started being captured in 2018 to allow for removal of duplicate entries. In addition to permanent registration centres, Zec also provides mobile registration before each election, commonly called a “voter registration blitz”. “For the 2023 elections, the period for the voter registration blitz was shorter than in previous elections, running from March 12-26, 2023, during which Zec managed to register more than 451 811 voters and to transfer 191 738 registered voters to their new locations. While there were some initial technical issues, these were addressed by the Zec through a four-day extension of the process,” read the report. “In accordance with section 21(1) of the Election Act, Zec conducted a public inspection of the voter roll from May 27 to June 1, which also was shorter than in previous elections. Zec did not inform the public about any efforts to remove voters residing outside of their constituency for more than 18 months, which resulted in selective application of the law.” The report has also flagged the government over its use of state resources to campaign for Zanu PF, giving it in an unfair edge over other political parties. Failure to raise funds also saw other political parties fail to field parliamentary and presidential candidates. “Coupled with regulatory requirements that effectively restricted opposition campaign efforts, this created an uneven playing field among political parties. In addition, there were several reports of voter intimidation, to the extent that some said they were scared to discuss politics with citizen observers,” the report said. “In its report of August 16, 2023, the police said they had blocked 303 public gatherings after assessing they did not meet legal regulations for such gatherings. This resulted in the suppression of legitimate campaign activity in many cases. "Supporters of the ruling party were observed disrupting opposition party campaign events, sometimes with violence. There also were isolated instances of both intra-party and inter-party violent clashes among party supporters. The inter-party violence resulted in one reported death in Harare on August 3, 2023.” The mission also highlighted intimidation on opposition political party supporters, particularly the main opposition Citizens' Coalition for Change (CCC) party leaders and supporters, by the governing Zanu PF party-affiliated NGO, Forever Associates Zimbabwe (Faz), particularly in rural areas. “Citizen observers reported instances of people being coerced to attend ruling party rallies and of government aid being used as a campaign tool, including through the distribution of food and farming supplies at rallies,” said the report. “In the lead-up to the polls, several interlocutors reported concerns regarding the presence and influence of traditional leaders. During the final day of the campaign, Carter Centre observers noted influential traditional leaders in Masvingo telling voters that they must check in at a 'voter education desk' during a particular party rally to have their names registered before being allowed to vote.” The Carter Centre is a non-governmental, not-for-profit organisation founded in 1982 by former US president Jimmy Carter. Polls lacked credibility: Carter Centre Carter Centre Observer Mission to Zimbabwe says the 23 August the election was marred by voter intimidation and logistical challenges.

NewsHawks #ZimElection2023 Page 15 Issue 146, 1 September 2023 NATHAN GUMA A CIVIL society grouping, the Zimbabwe Human Rights NGO Forum, has demanded that the government drop charges against arrested local election observers from the Election Resource Centre (ERC) and the Zimbabwe Election Support Network (Zesn) to demonstrate respect for fundamental rights. The demands are coming amid reports of continued threats and harassment of election observers and agents. On election day, armed police raided ERC and Zesn data centres in Harare where the organisations were carrying out parallel vote tabulation, arresting 39 civil society officials and volunteers, confiscating their equipment such as phones and laptops. The arrests resulted in observers from both organisations failing to inspect the just-ended election, which was marred by serious logistical irregularities which saw voters at some polling stations casting their ballot at night. While the observers are now out after being granted US$200 bail each by magistrate Ngoni Nduna on 25 August, civil society has flagged the arrests as a dent on electoral transparency. This week, the NGO Forum, a consortium of 21 civil society organisations, said the government should drop all charges against the observers. “The Zimbabwe NGO Human Rights Forum stands in solidarity with its fellow civil society organisations, the Zimbabwe Election Support Network and the Elections Resource Centre following the arbitrary arrests of 39 Zesn and ERC staff and volunteers who were arrested while conducting their lawful, non-partisan election observation work,” reads the statement. “The Forum calls upon the government of Zimbabwe at this critical stage in the country’s political landscape to: (1) immediately act to reaffirm its commitment to upholding and defending fundamental human rights and freedoms by abiding by the Revised Sadc Principles and Guidelines for Democratic Elections which mandate member states to exercise political tolerance. “(2) Ensure full participation of the citizens in the political process, as well as respect, protect and fulfill the right to freedom of peaceful assembly and association of civic society organisations and citizens collectively.” The NGO Forum said the brutality used during the raid was likely to affect future operations by the affected organisations, hence the need for the government to condemn the Zimbabwe Republic Police for its conduct during the raid. “We however remain disheartened by the disturbing details that emerged from submissions made by their legal counsel pertaining to the nature in which their arrests were effected including how the group was made to lie down for three consecutive hours by AK-47 rifle wielding police officers,” reads the statement. “The terror they must have endured throughout the ordeal, with the youngest victim being 19 is unimaginable. The Forum therefore hopes that their incarceration will not deter our peer organisations from continuing their work and efforts towards supporting democratic electoral processes and contributing to transparency around critical phases of the election through independent verification of election results, a practice that is observed globally.” The NGO Forum has also been receiving more reports of intimidation in the post-election period, amid indications that some polling agents and observers are being targeted for their work in the just-ended election. “Linked with electoral processes, the Forum and some of its member organisations have received distress calls from presiding officers, polling agents and some observers who are being targeted for their work that they did in the just-ended harmonised elections," reads the statement. “While we note that Zec has issued a statement refuting allegations of recalling polling officers and observers or victimising them due to their work, we note that if the allegations are true, then whoever is recalling these presiding officers, polling agents and some observers can only be someone with a sinister motive.” The ERC over the weekend said it has received numerous reports from Karoi, Kariba and Makoni, of polling agents being summoned back to polling locations to sign new V11 forms, raising an outcry. Drop charges against observers

Page 16 #ZimElection2023 NewsHawks Issue 146, 1 September 2023 BRENNA MATENDERE THE disputed 23 August polls have added to a long history of sham elections in Zimbabwe dating back to the pre-colonial era in 1965 during the white minority rule of Ian Douglas Smith. The Southern African Development Community and the international community are currently battling once again with the Zimbabwe crisis rooted in electoral capture and post-election political tensions following last week’s polls that have been widely condemned as neither free, fair nor credible. The history of elections before and after Independence in 1980 shows Zimbabwe has hardly held any free, fair and credible polls, meaning the country has always been mired in legitimacy deficits. Most elections have been charades, with the country repeatedly kicking the can down the road — failing to deal decisively with difficult issues and questions underlined by electoral capture. Central to Zimbabwe's elections and attendant disputes has been the perennial question of how the country is governed and its future trajectory. 1965 elections General elections were held in Rhodesia (formerly Southern Rhodesia until 1964) on 7 May 1965. The result was a victory for the then ruling Rhodesian Front, which won 50 of the 65 seats in the Legislative Assembly. The biggest issue at the time was the future direction of the country — Independence. Prior to that, a referendum on independence was held in Rhodesia on 5 November 1964. The question put to voters was: "Are you in favour of or against Rhodesia obtaining independence on the basis of the 1961 constitution of Rhodesia?" The result was a landslide "yes" vote, which was the choice of over 90% of voters, although less than 15% of the voters' roll was black. The legitimacy question loomed large. The British government did not accept Rhodesian self-rule as it was not representative of all of Rhodesia. Later after the 1965 elections, the then Rhodesian prime minister Ian Douglas Smith infamously proclaimed the Unilateral Declaration of Independence (UDI) on 11 November 1965. Rhodesia unilaterally declared itself independent from Britain. Not since the United States in 1776 had a former British colony declared itself independent. That afternoon Smith addressed the nation. He assured Britain that Rhodesians remained "second to none in our loyalty to the Queen", but "the end of the road has been reached". The road to UDI began at the Victoria Falls conference in the summer of 1963. It was there that the dissolution of the Federation of Rhodesia and Nyasaland (Central African Federation) was agreed. Two of federation’s constituent member states, Nyasaland and Northern Rhodesia, became independent in 1964 as Malawi and Zambia respectively. Southern Rhodesia was more complex and problematic. Unlike Zambia and Malawi, which were previously British protectorates, Southern Rhodesia had been a self-governing colony since 1923. Previously, it was governed by the British South Africa Company, a mercantile corporate based in London. It was incorporated in 1889 under a Royal Charter at Cecil Rhodes' instigation to embark on a historic colonial project in Southern Africa going into the interior. The 1974 elections were also problematic. They were largely seized with the question of detente during the liberation struggle. The Rhodesian Front took all of the 50 seats reserved for whites for the third successive time since 1962. 1974 elections The general elections were held in Rhodesia on 30 July 1974. They came against a backdrop of three failed diplomatic negotiations — the 1974- 1975 Kenneth Kaunda/John Vorster "detente", the Henry Kissinger mediation that led to the Geneva Conference of 1976, and the Anglo-American initiatives of David Owen and Cyrus Vance in 1977-1978 and eventually the 1979 Lancaster House Conference on Rhodesia, chaired by Lord Carrington. The Lancaster House Conference gave birth to a new Zimbabwe. It took Zimbabwe into a new era. Rhodesian elections had been charades as they largely excluded the black majority. 1979 elections The April 1979 elections were also a sham. The polls followed the Internal Settlement negotiated by Smith and were intended to provide a peaceful transition to majority rule on white Rhodesians terms to secure their interests. Under the Internal Settlement, on 1 June 1979, Rhodesia officially became Zimbabwe Rhodesia under Abel Muzorewa's United African National Council government. Muzorewa's party got about 1.2 million votes 67% of the vote. Ndabaningi Sithole's Zanu Ndonga won 263 000 votes (14.5%), while Chief Khayisa Ndiweni's United National Federal Party got 194 000 (10.8%). Sithole bitterly complained that the April elections were marred by "gross and appalling irregularities". Above all, the elections lacked legitimacy as they excluded the bona fide liberation movements, Zapu and Zanu. Before the April 1979 general elections, a constitutional referendum had been held in Rhodesia on 30 January 1979. 1980 elections The 1980 elections held between 14 February and 4 March — the biggest polls in Zimbabwean history — were again disputed by the late former vice-president Joshua Nkomo, popularly known as Father Zimbabwe or Umdala Wethu. The elections were the first democratic elections in contemporary Zimbabwean history. People exercised their right to vote (one-man, one-vote), a key demand of the struggle and it was the first time people were given unfettered adult universal suffrage. The polls were characterised by intimidation, violence and allegations of vote-rigging. There were no-go areas for Nkomo and his supporters during campaigns as the country was militarised. The late president Robert Mugabe’s Zanu won 57 of the 80 common roll seats, giving it a majority in the 100-member House of Assembly, followed by Nkomo's Patriotic Front (Zapu ran as the Patriotic Front) with 20 and Muzorewa's UANC with 3 seats. In these elections Nkomo claimed that he had been rigged. 1985 elections The second post-colonial Zimbabwe elections were held in 1985 amid bloodshed due to Gukurahundi massacres that claimed thousands of lives of Nkomo supporters in Matabeleland and parts of Midlands. The polls were dubbed the worst elections since 1980. 1990 elections The 1990 elections were also bad and a sham. Mugabe and Zanu PF were under serious challenge from Edgar Tekere, their former secretary-general, and his Zimbabwe Unity Movement (Zum). The late Patrick Kombayi, who was challenging the late vice-president Simon Muzenda for the Gweru Urban seat under Zum, was shot and seriously wounded on 24 March 1990, three days before the general elections. Central Intelligence Organisation operative Elias Kanengoni and Zanu MP Kizito Chivamba — both now late — were sentenced to seven years in prison after being convicted for attempted murder after they pumped six bullets into the lower abdomen of Kombayi. They got pardoned by Mugabe. Despite the violence, Zum performed well in urban areas as people voted for democracy against Mugabe’s one-party state agenda. 1995 parliamentary elections In 1995, parliamentary polls were held on 8 and 9 April and, again, they were a sham. Zanu PF won an overwhelming majority. There were 120 constituencies, but 55 MPs were re-elected unopposed amid complaints of intimidation. Presidential elections were held on 16 and 17 March 1996, with Mugabe battling his Rhodesiaera opponents, Muzorewa and Sithole. Mugabe won a landslide — over 92.8% of the vote — with just 32.3% turnout. Sithole and Muzorewa had withdrawn at the last minute, but their names remained on the ballot. Muzorewa pulled out after the Supreme Court turned down his bid to postpone the polls, saying the electoral rules were unfair. Sithole was under virtual house arrest on charges of attempting to assassinate Mugabe. He was convicted after the elections, and died in 2000 while on bail. At the turn of the millennium, Zimbabwe embarjed on a new era of brutal and violent elections yet again as Mugabe and Zanu PF battled the new opposition MDC under Morgan Tsvangirai. 2000 elections The year 2000 elections were bloody as the military introduced what was called the straight jacket. The MDC won 57 of the 120 elected seats, with 47% of the popular vote. Zanu PF won 63 seats and carried approximately 48% of the popular vote. According to international observers, extensive electoral fraud and intimidation of voters occurred during this election. 2002 presidential elections Presidential elections were held in between 9 and 11 March 2002. The elections were contested by the then incumbent, president Mugabe, Tsvangirai, Zanu Ndonga leader Wilson Khumbula, Shakespeare Maya of the National Alliance for Good Governance and independent candidate Paul Siwela. Although Mugabe won with 56.2% of the vote, it was contested. The elections were not free and fair, as they occurred under Zanu PF's electoral manipulation and intimidation of the opposition rural supporters. Several members of the opposition party were murdered in state-sanctioned assassinations. 2005 parliamentary elections Parliamentary elections were held in on 31 March 2005 to elect members to the House of Assembly. As the results became clear the MDC described the elections as "the sham elections," which it said had been marked by massive electoral fraud. All of the 120 elected seats in the 150-seat House of Assembly were up for election. In addition, there were 20 members appointed by the President and 10 elected by the traditional chiefs, who mostly support the government. Electoral colleges for the election of 10 chiefs to Parliament were to be held on 8 April. Zanu PF won the elections with an increased majority against the opposition MDC. Zanu PF won 78 seats to the MDC's 41, with one independent. In the 2000 election, the ruling Zanu PF won 62 seats to the MDC's 57. Zanu PF polled nearly 60% of the vote, an increase of 11% over the 2000 results. 2008 elections The 2008 elections were disputed amid violence, intimidation and vote-rigging protests. Hundreds of people were killed during those fierce run-off elections. Sadc intervened and dispatched former South African leader Thabo Mbeki to lead negotiations. As a result, a Government of National Unity was formed with Mugabe as president, Tsvangirai prime minister, deputised by Arthur Mutambara and Thokozani Khupe from the opposition parties. 2013 elections In 2013, Zanu PF overran the MDC amid vote-rigging orchestrated by Nikuv, an Israeli security company which was paid millions of US dollars by the government. The opposition MDC-T, following a meeting of its standing committee, said that it could prove that unnamed Nikuv officials met with senior army officials discussing how to rig the vote. The proof, said the party, were minutes from the meeting held by top army officers at Manyame Air Force Base prior to the elections. The minutes allegedly described how the election would be manipulated to ensure Zanu PF victory. 2018 elections The first post-coup elections in 2018 were also hotly-disputed and ended up being decided in court after President Mnangagwa scraped through by a wafer-thin 50.8% against his main rival Nelson Chamisa who got 44.3%. Chamisa put forward a presidential petition at the Constitutional Court challenging the results on the grounds that he had been denied victory through rigging and fraud. However, Chief Justice Luke Malaba ruled that the opposition had no evidence of electoral rigging despite fierce arguments made by Advocate Thabani Mpofu. 2023 elections Similarly, the 2023 elections held last week on 23 and 24 August were controversial. Mnangagwa got 52.6 and Chamisa 44%, according to the Zimbabwe Electoral Commission. The elections were marred by illegalities and irregularities, including voters' roll unavailability and chaos at polling stations. There was massive voter suppression in Harare and Bulawayo, which are opposition strongholds. As a result, the Sadc election observer mission took a major unprecedented decision to reject the outcome. Zimbabwe has therefore now become a classic case of a country conducting sham elections as virtually all its polls since pre-independence era have been disputed due to serious questions on the integrity, freeness, fairness, and credibility of the results announced by Zec chairperson Priscilla Chigumba. Political analyst Pedzisayi Ruhanya on Wednesday said due to the history of sham elections, external supervisors must be employed to run the polls. “These elections, like the 1980 elections, should be supervised by independent bodies such as the UN, Sadc and AU. Zec is captured and compromised. It has no fidelity to administer credible polls. It's too full of state agents and Zanu PF relatives to be impartial,” he said. History of discredited elections persists

NewsHawks #ZimElection2023 News Page 17 Issue 146, 1 September 2023 NATHAN GUMA WAR veterans have congratulated President Emmerson Mnangagwa and Zanu PF for winning the 2023 general election, but were quick to emphasise that he should address their welfare. The war veterans urged all Zimbabweans to work together to tackle the plethora of problems affecting the country, saying they stand ready to engage all stakeholders to ensure a prosperous Zimbabwe. Mnangagwa and Zanu PF won the disputed election which was underlined by voter intimidation and serious logistical challenges, which saw voters in some parts of the country casting their ballot by night, raising a red flag from regional observers. War veterans have been a vital cog in Zanu PF campaigns in past elections and have in some cases been accused of using brute force to bolster support for the ruling party, especially in the early 2000s. However, they have constantly been at loggerheads with the government over their welfare, which has been deteriorating following the erosion of their pensions and monthly drawdowns due to hyperinflation. In their message this week, war veterans congratulated Mnangagwa and called on the Zanu PF leader to incorporate them in efforts to overcome economic challenges facing the country. “We extend our warmest congratulations to His Excellency President E.D. Mnangagwa on his re-election as the President of Zimbabwe. This resounding mandate from the people is a testament to President Mnangagwa's commitment to improving the lives of Zimbabweans and advancing our nation's progress. We express our unwavering support as he continues to steer Zimbabwe towards prosperity and unity,” read a statement by Zimbabwe National Liberation War Veterans' Association (ZNLWVA) interim executive committee's publicity and information secretary, Edward Dube. “. . . As a nation, we face numerous national obligations that lie ahead, obligations that transcend political affiliations and ethnic backgrounds. It is imperative that we approach these obligations with a unified spirit, ensuring that our decisions and actions are guided by the principles of inclusivity, fairness, and equality. Together, we can overcome challenges and build a Zimbabwe that embraces the diversity of its people while fostering an environment of mutual respect and cooperation. “We acknowledge and appreciate the recognition of the critical role played by the liberation war veterans, as enshrined in the constitution and the accompanying implementation measures. The sacrifices and contributions of our war veterans have shaped the history of Zimbabwe and secured the freedoms we enjoy today. It is our duty to ensure their well-being, honour their service, and support their endeavours to improve their livelihoods. We stand together in recognising their invaluable role and upholding their rights.” Dube said war veterans should be incorporated in the social, economic, and governance matrix of Zimbabwe. “Their vast experiences, skills, and wisdom can significantly contribute to the development and progress of our nation. By actively including them in decision-making processes, creating opportunities for their participation, and ensuring their voices are heard, we can harness their potential and build a more inclusive and prosperous Zimbabwe,” he said. “The Zimbabwe National Liberation War Veterans Association (ZNLWVA) is committed to shaping the national agenda for the future. We are dedicated to working collaboratively with all stakeholders, including the government, political parties, civil society organisations, and the private sector, to address critical issues, promote unity, and drive socio-economic development. We stand ready to contribute our insights, expertise, and experiences in shaping policies and initiatives that benefit all Zimbabweans.” War veterans quick to remind Mnangagwa of their demands

Page 18 #ZimElection2023 News NewsHawks Issue 146, 1 September 2023 BRENNA MATENDERE FORMER Zanu PF national commissar Saviour Kasukuwere says the party’s dominance in Mashonaland provinces is based on massive coersion of the villagers and intimidation using threats of the return of war if the opposition rises to power. The revelation follows consistent victories by Zanu PF in the Mashonaland provinces since the days of the late president Robert Mugabe. In the latest elections held on Wednesday and Thursday last week, the main opposition Citizens' Coalition for Change (CCC) led by Nelson Chamisa failed to get a single parliamentary seat in Mashonaland Central while Zanu PF won all the 18 constituencies. In Mashonaland East, the CCC managed a paltry three seats while Zanu PF got 20. The opposition also fared badly in Mashonaland East where it got six seats while Zanu PF got 16. In an interview with The NewsHawks from his base in South Africa, Kasukuwere said any talk of the return of war in Mashonaland provinces invokes serious fear among the villagers and Zanu PF has always used the trick to intimidate the masses. “The people who are in the Mashonaland provinces experienced the painful experiences of the armed liberation war. The people there do not want to hear anything about a repeat of such experiences. So Zanu PF as the party which played a role during the liberation struggle has always used that as a trick to garner votes by telling the villagers that if they vote for the opposition, there will be a return of war,” he said. Kasukuwere also revealed that Zanu PF has also been using massive coercion as another strategy to maintain its dominance in the Mashonaland provinces. “Massive coercion has been the strategy. The people there are forced to vote for the party. There is also poverty that side and the party uses it to its advantage by dangling food handouts and agricultural inputs,” he said. The former Mount Darwin legislator also revealed that in other parts of the country, Zanu PF however cannot use the same strategies. “In Matabeleland you can't talk of war and hope to win. That is why Mnangagwa lost there. Faz (Zanu PF shadowy intelligence-affiliated group Forever Associates Zimbabwe) could not do much in Matabeleland. That is the reason,” said Kasukuwere. St3phen Chan, a professor of world politics at the University of London, also explained that the ethos of war are strengthening the grip of Zanu PF in Mashonaland provinces. “I think it is still remembered that the Zanla forces were often heavily active in the Mashonaland provinces. In those locations, the liberation ethos remains strong,” he said. Chan also spoke about the intimidation campaign of the ruling party in the areas as another strategy being used to maintain dominance. “Intimidation is certainly part of the Zanu PF arsenal, but there is also a genuine support base for the party in the Mashonaland provinces outside Harare,” he said. While Zanu PF won by big margins in the Mashonaland provinces, in urban areas it was the CCC which dominated. In Bulawayo, the opposition CCC bagged all the 12 seats. In Harare, Zanu PF was also trounced as it got only four seats while the CCC won in 27 constituencies. In Matabeleland South, Zanu PF got 10 out of 12 seats. In the Midlands and Masvingo, Zanu PF dominated again. Zanu PF wins in Mashonaland through coercion: Kasukuwere Former Zanu PF national commissar Saviour Kasukuwere

NewsHawks #ZimElection2023 News Page 19 Issue 146, 1 September 2023 NKOSENTSHA KHUMALO POLICE have maintained a heavy presence in Harare’s central business district (CBD) during the post-election period, amid fears in the corridors of power that opposition CCC supporters may stage protests over the shambolic 23 August polls. The Zimbabwe Electoral Commission (Zec) declared Emmerson Mnangagwa winner of the presidential election, described as a sham by the Southern African Development Community and other observer missions. This comes as Mnangagwa sent a chilling message, threatening to crush any form of violence or demonstration. "We will not stop our development plans and programs because of some noise from little boys,” Mnangagwa warned as he officially commissioned the Max Min Sabi Star Lithium Floatation Plant in Buhera, Manicaland province. "They will continue making that noise but we shall continue to move on. But I warn anybody who may want to be nonsensical and bring chaos in this country, we are ready to deal with any chaos." He added: "Whoever will preach hate speech shall be responsible for their hate speech, our prisons are not full, we want peace, we want unity. Those who do not agree with that, do so quietly and peacefully then we might get along." The authorities have since 23 August deployed anti-riot police officers at perceived hotspots around Harare to clamp down on any demonstrations by CCC supporters in reaction to the announcement of the election results. The NewsHawks witnessed dozens of armed police riots stationed in Africa Unity Square and other various perceived hotspots in the CBD, as the government is fearful of an uprising following the disputed election. Despite the police deployment in Harare's CBD, life has largely continued as normal in all parts of the capital and the country at large. There have been isolated cases of revellers being violently dispersed at pubs and nightclubs by state security units. The ministry of Primary and Secondary Education was startled to find out that some people were now wondering if schools would reopen in the first week of September as originally scheduled, amid rumours that there might be a presidential re-run. The ministry has since issued a statement of reassurance that schools will reopen as planned. Zec declared Mnangagwa winner of the presidential election, saying he garnered 2 250 711 votes (52.6%), while CCC leader Nelson Chamisa received 44% of the 4 468 730 total votes cast. Chamisa, however, rejected the outcome of the presidential results and called the results "a blatant and gigantic fraud" on social media before declaring victory at a Press conference in Harare. The CCC has since approached the courts to challenge the outcome of the presidential result. It has also planned a nationwide protest to demand fresh polls to be held under the supervision of an impartial electoral body, not Zec. The election has been criticised by observer missions who say it fell short of local, regional and international standards. According to the Southern Africa Development Community Election Observer Mission and African Union-Comesa mission, irregularities in election management, failure by Zec to deploy election material on time and an environment of fear undermined the credibility of the results. In their reports, the observers cited several issues, including Zec’s delays in delivering ballot papers, glitches in the release of the voters’ roll, voter intimidation and the postal voting controversy. The Zimbabwe Republic Police has warned that its officers are fully deployed countrywide and remain on high alert to deal decisively with any unruly elements bent on causing disturbances. However, members of the public has been urged to feel free to conduct their day-to-day business in the post-election period. Police spokesperson Assistant Commissioner Paul Nyathi said officers were on motorised and foot patrols in central business districts, residential, industrial and other areas to maintain law and order. “We would want to continue urging members of the public to remain peaceful in view of threats that are being issued by some rogue elements who want to cause disturbances. We will continue maintaining police presence, not only in Harare but countrywide,” Nyathi said He said police were happy with the cooperation they were receiving from the public in terms of maintenance of law and order. Police warned some politicians it accused of sending false information locally and internationally about the security situation in the country, saying they risked being arrested and prosecuted. The authorities said they had also taken note of some offensive messages being circulated on social media platforms openly agitating for violence and illegal gatherings, especially in Harare and Bulawayo. Nyathi urged the public to be wary of such "unruly elements" who wanted to loot shops and destroy property. Meanwhile, as a crackdown takes shape, police say they have launched a manhunt for two suspects, believed to be CCC members, who are part of a group of political activists suspected of mobilising people to stage post-election demonstrations. Investigations conducted by the CID Law and Order section have led to the identification of the two suspects as Hamy Madzingira and Lovemore Makuwerere whose whereabouts are still unnown. Jittery authorities deploy police

Page 20 #ZimElection2023 News NewsHawks Issue 146, 1 September 2023 NATHAN GUMA ZIMBABWE’S international diplomatic re-engagement drive is in tatters owing to the discredited general elections, which had been benchmarked as one of the important litmus tests for the country’s resolve to implement far-reaching political and economic reforms. President Emmerson Mnangagwa has been at pains to sanitise the polls, whose credibility was undermined by undemocratic practices and logistical challenges. Voting at some polling stations, particularly in opposition stringholds in Harare and Bulawayo began deep in the night instead of the stipulated 7am, leaving the election tainted. The polls, discredited by key election observer missions, we seen as crucial for Zimbabwe’s bid to end international diplomatic isolation. With a tainted human rights right record, the Zanu PF government has been resorting to hiring lobbyists to improve its tainted image globally. As reported by The NewsHawks, in 2019 the Mnangagwa administration entered into a US$500 000 deal with a United States-based lobby firm to canvass for the removal of targeted sanctions imposed by Washington on top Zanu PF officials. Brian Ballard, the man who was regarded as the most powerful lobbyist in Washington at that time due to his links to the then US President Donald Trump’s 2016 election campaign and the 2020 re-election bid, was paid by Harare and tasked with re-engaging Washington on behalf of Mnangagwa. The mission failed because of continued human rights abuses by Harare, including the 1 August 2018 killing of six unarmed civilians and the January 2019 murder of civilians by members of the security forces. The disputed polls have left Zimbabwe’s re-engagement efforts hanging in the balance, throwing into doubt the country’s bid to build trust with the international community. The Sadc Election Observer Mission has rejected Zimbabwe’s sham election, in a major dramatic and unprecedented political move never seen before in the region, leaving the elections widely badly discredited. The European Union Election Observer Mission (EU EOM) also concluded that curtailed rights and lack of level playing field led to an environment that was not always conducive to voters making a free and informed choice, in its preliminary statement of 25 August. “The EU deplores the extensive and sustained disinformation and defamation campaign waged against the EU EOM and other international observer organisations, the lack of access to key electoral bodies as well as the unjustified arrests of citizen observers,” said Josep Borell, the EU's high representative, on Zimbabwe elections. “The EU encourages the Zec to exercise maximum transparency in the process of results tabulation, including disaggregated election results by polling station and the judiciary in adjudicating all post-electoral complaints and grievances. Ongoing disputes and any remaining concerns about this electoral process should be resolved peacefully through existing legal mechanisms.” Last month, the EU highlighted amendments to the Criminal Law (Codification and Reform) Act as regressive in the country’s bid to clear its image. This came after President Mnangagwa had signed clause two which criminalises fundamental freedoms of association, assembly and speech of any citizen who holds meetings with foreign diplomats or any other foreigner, plunging the country into the dark days reminiscent of the oppressive Rhodesian colonial era. “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. The Commonwealth has also highlighted intimidation, lack of independence of the Zimbabwe Electoral Commission (Zec) and an uneven campaign field as key factors likely to have undermined the credibility of the 2023 electoral process. “Our overall assessment of the voting process is that it was well conducted and peaceful. However, there exist a number of issues that could impact on the credibility, transparency and inclusivity of the process. It has been an honour for us to be a part of this important process,” read the preliminary report. “Our observers witnessed tables set up in close proximity by an organisation called Forever Associates Zimbabwe (Faz) and received reports that members of the organisation were allegedly recording the names and ID numbers of voters. We also noted that members of Faz were also conducting citizen observation. Their presence fuelled allegations of voter intimidation.” As previously reported by The NewsHawks, the British Parliament considered Zimbabwe’s general election as a benchmark for re-admission to the Commonwealth. Zimbabwe quit the Commonwealth in 2003 after clashes between the club of mostly former British colonies and long-time ruler Robert Mugabe over policy conflicts, human rights abuses and violation of the group’s democratic values, and has been eyeing re-admission. Mnangagwa has tried to manoeuvre his way into the Commonwealth by seeking help from other leaders in the region. In November last year, Mnangagwa engaged Rwandan President Paul Kagame to lobby for Zimbabwe’s return into the grouping. In September that year, Kagame told Mnangagwa that he needed to start convincing Zimbabweans “that things were fine before he convinces the international community” — on the sidelines of the Africa Green Revolution Forum (AGRF) held in Kigali, Rwanda. “You need to work hard to change the perception, you cannot bribe your way through it, you cannot just sweet talk some people, even if they say ok, we agree with you, things will not be fine. “The way the people of their own country feel about what is happening, it will always come out and before you even convince anyone from outside so that they cannot have a wrong perception about you, convince your own people. “Make sure they are with you and say look, whatever you are saying, we feel there is change, so concentrate on making sure your people are involved, they are benefitting, they can themselves push back on this story of perception,” Kagame was quoted as saying at the forum. Re-engagement bid in disarray Rwandan President Paul Kagame

NewsHawks #ZimElection2023 Page 21 Issue 146, 1 September 2023 BRENNA MATENDERE ZIMBABWE’S pariah state status, earned during the era of the late president Robert Mugabe over his draconian rule and electoral theft, could now gain momentum after the country held contentious polls that have been condemned for the first time by the regional bloc Sadc. The Southern African Development Community has been Zanu PF's solid line of defence in sanitising controversial elections held since the emergence of the main opposition MDC in 1999. The party has since metamorphosed into the Citizens' Coalition for Change (CCC) led by Nelson Chamisa. However, for the first time, Sadc condemned last week’s elections, opening the floodgate of condemnations by other election observer missions. Led by former Zambian vice-president Nevers Mumba, the Sadc Electoral Observer Mission (SEOM) said the elections violated Zimbabwe's constitution, Electoral Act and was also in breach of the regional bloc’s Principles and Guidelines for Democratic Elections. "Our goal was to observe the process(es). If the process was flawed, the result cannot be legitimate,” said a forthright Mumba. The European Union, British government, United States government, Comesa and the Commonwealth have also condemned the elections, highlighting the risk of Zimbabwe’s complete international isolation which could render the country pariah state. As a pariah, Zimbabwe will remain fixated in relations with countries such as Russia, Belarus and Iran which have also been warming up to diplomatic ties with Harare. Political analyst Vivid Gwede told The NewsHawks that the biggest challenge Zimbabwe faces at this stage is shaking off the pariah state tag. “If nothing is done to correct the crisis of legitimacy emerging as a result of the elections, Zimbabwe will struggle with the consequences for the next five years, including isolation,” Gwede said. “It is difficult to see how re-engagement and re-admission into such bodies as the Commonwealth will happen in this fraught context.” Since taking over power in a military coup in 2017, one of Mnangagwa’s major goals was international diplomatic re-engagement. The international community, particularly the United States, had repeatedly called for the respect of human rights and an end to violence and impunity as some of the conditions for normalising relations with Harare. The Zimbabwean government has, however, been found wanting time and again when it comes to respecting democracy and ensuring that citizens enjoy free expression and association, among other civil liberties. When Mnangagwa was catapulted to the top office in 2017, before consolidating power through the disputed 2018 elections, he expressed lofty ambitions to re-engage the international community, amid optimism that Harare would turn a new leaf. With the international community willing to disregard the coup which ousted long-time ruler Robert Mugabe, who presided over decades of authoritarian kleptocracy, Mnangagwa set an agenda to end decades-long isolation by the community of nations, especially Britain and the United States. This objective is now in peril after Wednesday’s disputed polls. State spin-doctors coined the term “new dispensation” and “Second Republic” soon after Mugabe was deposed as a demonstration that his regime was breaking with the past. That has not happened. During his inauguration in August 2018, Mnangagwa said re-engagement would be one of the thrusts of his administration. “Through the engagement and re-engagement policy, we are opening a new chapter in our relations with the world, underpinned by mutual respect, shared principles and common values. We look forward to playing a positive and constructive role as a free, democratic, transparent and responsible member of the family of nations,” Mnangagwa said. “My government, cognisant that the world is not one basket and encouraged by the goodwill and support we have received to date, will continue to accelerate the international engagement and re-engagement policy, underpinned by mutual respect, peaceful development, shared principles and common values. Zimbabwe looks forward to playing a positive and constructive role as a free, democratic, transparent, prosperous and responsible member of the family of nations. We are committed to strengthen dialogue, cooperation and partners.” In 2019, it emerged that Harare had entered into a US$500 000 deal with a United Statesbased lobby firm to canvas for the removal of targeted sanctions imposed on top Zanu PF officials. Brian Ballard, the man who was regarded as the most powerful lobbyist in Washington at that time due to his links to the then US president Donald Trump’s 2016 election campaign and the 2020 re-election bid, was paid handsomely by Harare for the tough task of re-engaging with Washington on behalf of Mnangagwa. The mission failed because of continued human rights abuses by Harare, including the 1 August 2018 killing of six unarmed civilians and the January 2019 murder of civilians by members of the security forces. At international fora such as United Nations General Assembly (UNGA) as well as at the Davos Conference, Mnangagwa has always been at pains to explain that the Zimbabwean government needed to be re-admitted into the international community as a “new dispensation”. However, his talk failed to match the walk. In a 2021 journal titled Zimbabwe’s Foreign Policy under Mnangagwa, scholars Henning Melber from the University of Pretoria, and Roger Southall based at the University of the Witwatersrand captured this aspect. “Under the presidency of Mnangagwa, Zimbabwe’s foreign policy is characterised by the desire to ‘re-engage’ with the West with a view to securing the removal of sanctions and encouraging investment. "In this, it has received the backing of the African Union and Southern African Development Community states. Simultaneously, the violence of the Mnangagwa regime has reinforced the reluctance of the West to remove sanctions, and Zimbabwe has even begun to test the patience of its neighbours,” wrote the academics, adding: “The government has placed renewed faith in the ‘Look East Policy’, but China is seeking to match its investments with tighter control.” The Harare regime’s quest to rejoin the Commonwealth is also at stake due to violence against citizens and the violation of principles of the grouping's Harare Declaration. The declaration was announced in Harare on 20 October 1991 during the 12th Commonwealth Heads of States and Government Meeting. The Harare Declaration reaffirmed in principle that member countries must: “believe in the liberty of the individual under the law, in equal rights for all citizens regardless of gender, race, colour, creed or political belief, and in the individual’s inalienable right to participate by means of free and democratic political processes in framing the society in which he or she lives; “recognise racial prejudice and intolerance as a dangerous sickness and a threat to healthy development, and racial discrimination as an unmitigated evil; “oppose all forms of racial oppression, and we are committed to the principles of human dignity and equality; “recognise the importance and urgency of economic and social development to satisfy the basic needs and aspirations of the vast majority of the peoples of the world, and seek the progressive removal of the wide disparities in living standards amongst our members.” In the last visit by the Commonwealth delegation, led by assistant secretary-general Professor Luis Franceschi, it was made clear that assessment of Zimbabwe’s fitness to rejoin the bloc will be based on how far the country has upheld these principles. However, due to the flawed elections held last week, Zimbabwe’s suitability to join the Commonwealth has become a big challenge. Crisis Coalition of Zimbabwe chairperson Peter Mutasa said it would be dangerous for the Commonwealth to re-admit Zimbabwe into the bloc in its current state of repression. Mutasa cited violence against citizens ahead of the polls as Mnangagwa’s biggest letdown. “It is unfortunate that Zimbabwe seeks to be readmitted (into the international community) at a time the government is deepening authoritarian rule. The constitution is basically suspended and all rights and freedoms are taken away,” Mutasa said. “All institutions of the state meant to engender democracy are manipulated and pushed into a partisan agenda. Political violence and persecution are heightening.” He added: “It would be naive and counter progressive for the Commonwealth to ignore all these and unconditionally readmit Zimbabwe. This will seriously diminish the respect people have on the Commonwealth. It will also greatly undermine the local efforts that, at great risk, citizens are putting into making the Zimbabwean government accountable,” he said. Poll dividend: Renewed pariah state

Page 22 #ZimElection2023 News NewsHawks Issue 146, 1 September 2023 NATHAN GUMA POLITICAL analysts say the new crop of youthful parliamentarians is now envisaged to take over the mantle of holding the authorities accountable after several veteran legislators regarded as "old horses" fell by the wayside in the just-ended general elections. The disputed election, which has seen Zanu PF win 136 seats against main opposition Citizens' Coalition for Change’s (CCC) 73, has also seen prominent parliamentarians from main political parties fall out of the race for re-election during both the election and internal party selection. The CCC lost former parliamentarian Job Sikhala who was arrested in June last year on charges of inciting violence at the funeral of slain CCC activist Moreblessing Ali, whose family he was representing, and has spent over one year in pre-trial detention. In May this year he was slapped with a suspended six-month jail term, and has remained in custody as the state argues that he has outstanding cases, which has seen him fail to retain the Zengeza West seat. Several other prominent parliamentarians like former finance minister Tendai Biti, former Harare Central MP Murisi Zwizwai, Zanu PF’s Joseph Chinotimba and firebrand independent MP Temba Mliswa have also failed to make it to the new Parliament. Mliswa, who was one of the most vocal about the welfare of parliamentarians and Zimbabweans in general, lost the Norton parliamentary seat to the CCC’s Richard Tsvangirai. Being the only independent candidate in the Ninth Session, the tough-talking Mliswa had his fair share of expulsions during heated sessions in the august House. Zanu PF’s Chinotimba, who has had two terms in Parliament since 2013, was defeated in the party’s primary elections held in March this year. However, a new crop of younger parliamentarians has taken over. In Harare’s Mt Pleasant constituency, former CCC national spokesperson Fadzai Mahere won. She has a track record of robustly speaking out against bad governance, human rights violations and injustice. In Bulawayo, CCC deputy spokesperson Gift Siziba is making a debut appearance in Parliament after successfully surviving an onslaught in which he and 11 other CCC MPs had been disqualified on allegations of filing their papers at the nomination court after the 4pm cut-off time. Political analyst Rashweat Mukundu said parliamentary debates are likely to become more heated with the addition of new and youthful parliamentarians. “I think the new Parliament is going to be an interesting mix of Zanu PF and CCC. We will see newcomers from CCC, and these will likely make a name for themselves, to prove themselves and to demonstrate their capabilities in more vibrant parliamentary discussions,” Mukundu said. “I think there are quite a number of young people that are coming in, as well as the old guard. So, the debate and, I think, struggles in Parliament are likely to be between the youngish or the youthful members who have a career to promote and to develop, whilst the old guard, I think, is mostly in there to safeguard their economic and related interests and prestige, not really that they have something to prove.” Mukundu, however, said there is a need for the young parliamentarians to find common ground in addressing issues affecting the country. “They will have to find common ground on policy propositions and issues affecting Zimbabwe and identify and have a general consensus on the issues that are likely to be formed for they are likely to be in Parliament for a long period that is to come. Political analyst Vivid Gwede said the new youthful legislators will bring new energy into Parliament. “The new Parliament has definitely been injected with fresh blood. We hope this new crop of leaders blended with some old ones will inject new energy. But, of course, there are some vibrant MPs who will be missed, having fallen by the wayside either in their party contests or in the national election. The need for the executive to be held accountable cannot be overstated,” Gwede said. Change of the guard as new MPs enter House of Assembly Zimbabwe’s Parliament

NewsHawks #ZimElection2023 News Page 23 Issue 146, 1 September 2023 International Investigative Stories AS the COVID-19 pandemic swept across India, major mining and oil company Vedanta quietly lobbied the government to dilute environmental safeguards regulating the oil and mining industries. It was 2021 and the COVID-19 pandemic was ripping through India, crippling the country’s health system and bringing the economy to a standstill. But for Anil Agarwal, chairman of the energy and mining giant Vedanta Resources Ltd, the crisis presented an opportunity. The government could add “impetus” to India’s “rapid” economic recovery by allowing mining companies to boost production by up to 50 percent without having to secure new environmental clearances, he wrote in a letter to the then environment minister Prakash Javadekar that January. “Apart from immediately boosting production and economic growth, this will generate huge revenue for the Government and create massive jobs,” Agarwal wrote, recommending that the change could be made with “a simple notification.” Javadekar quickly got to work. “VIMP [Very Important],” he scribbled on the letter, directing the secretary of his ministry and the director general of forestry to “discuss [the] policy issue.” Previous industry efforts to push for a similar change had stalled. But this time, Agarwal would get what he wanted. In early 2022, after a series of closed door meetings, India’s environment ministry loosened regulations to allow mining companies to increase production by up to 50 percent without needing to hold public hearings, which many in the industry considered the most onerous requirement of the environmental clearance process. Though the head of a major industry lobby group and India’s mining secretary also pressed for the rules to be loosened, internal documents and government sources suggest Vedanta’s lobbying was key. The environment ministry then changed the regulations by publishing an office memo — meant to be used for inter-office communication — on its website. Experts say this type of backroom lobbying allows powerful people close to India’s government to shape policies in their favor, even if they hurt local communities and the environment. By modifying important regulations using instruments like office memos, without any public debate, the government may also have skirted the law, according to a study of pandemic-era regulatory changes by the Vidhi Centre for Legal Policy. Debadityo Sinha, the head of the think tank’s climate and ecosystems team which carried out the study, said these changes raise “concerns about their compatibility with the principles of inclusivity and democratic decision-making.” To understand how key environmental regulations were modified during the pandemic, OCCRP combed through thousands of government documents obtained using freedom of information requests. The records — ranging from internal memos and the minutes of closed-door meetings to letters like the one from Agarwal — show government officials tailored the rules in line with requests made by the industry, and in particular Vedanta. Vedanta is one of India’s most powerful companies, reporting more than $18 billion in revenues last year. Its chairman, Agarwal, is a fan of Modi, publicly praising the prime minister and his policies. Vedanta is also an important supporter of his Bharatiya Janata Party (BJP): Contribution reports analyzed by OCCRP show that two Vedanta-linked trusts alone donated $6.16 million to the party between 2016 and 2020. Loosening environmental regulations for miners wasn’t the company’s only successful lobbying campaign. The year before Agarwal wrote to Modi, one of the company’s subsidiaries, Cairn Oil & Gas, also started lobbying to scrap public hearings for oil exploration projects. As with mining, the government quietly amended the law with no public consultation. Since then, at least six of Cairn’s oil projects in the northern deserts of Rajasthan have been greenlit for development. The influence India’s corporate leaders hold over their government may have even broader environmental ramifications. The country is the world’s third-largest emitter of greenhouse gasses, and its ability to regulate its heavy industries is crucial to the global effort to combat climate change. Publicly, Modi has pledged to reduce India’s carbon emissions by a billion tons by 2030 and reach net zero emissions within 40 years after that. But experts who reviewed OCCRP’s findings say they show his government has prioritized the interests of oil and mining compaInternational InvestigativeStories Inside Indian energy and mining giant Vedanta's campaign to weaken key environmental regulations

Page 24 NewsHawks Issue 146, 1 September 2023 International Investigative Stories Editorial & Opinion nies over the fight against climate change. “It is a clear case of corporate capture of environmental governance,” said environmental lawyer Ritwick Dutta. “Over the last few years, it is clear that most changes in environmental laws and policies have been largely guided in terms of the economic benefit it would bring to certain corporate entities or sectors.” Vedanta told OCCRP that as “one of the leading natural resources organizations in India” the company operated “with an objective of import substitution by enhancing domestic production in a sustainable manner.” “In view of the same, continuous representations are submitted for consideration to the Government in the best interest of national development and India’s march towards self-reliance in natural resources,” a spokesperson wrote in an email. Modi’s office and India’s current environment minister did not respond to requests for comment. The former environment minister, Javadekar, did not respond to questions sent to him. Loosening Mining Regulations By the time the pandemic hit India, the mining industry had already spent years trying to scrap regulations that required new environmental approvals when companies increased production. In particular, the industry wanted to do away with the requirement to hold public consultations, where local people could raise their concerns about how an expansion would impact their lives and livelihoods. The idea of abandoning that process was raised in 2018, but multiple industry and government sources told OCCRP nothing was done as both state and federal governments said it wasn’t in their purview. Internal documents show it was only discussed seriously again when Vedanta’s chairman wrote to the environment minister in January 2021. Two weeks after Agarwal wrote to Javadekar, the environment ministry received a letter from the head of the Federation of Indian Chambers of Commerce & Industry lobby group making a similar request. Both pointed out that the government had done as much for coal mines a few years earlier, so it would be a simple matter of applying the rules to other types of mining. Then the secretary of mining took up the call for loosening regulations, asking his counterpart in the environment ministry to consider a “similar relaxation as that of coal.” In June, Vedanta’s chief executive, Sunil Duggal, wrote directly to Modi, arguing the prime minister could “boost the economic engine immediately” by scrapping the current method of granting environmental approvals. This would not only drive growth, he promised, but create jobs and help to “alleviate poverty” in “backward” parts of the country. Modi’s office forwarded the letter to the environment secretary, who was already trying to set up meetings and committees to discuss the issue. But even then the idea faced internal opposition. Minutes from one meeting in July show officials feared loosening the rules would break the law, and give a free pass to unrestrained mining in ecologically sensitive areas. A summary of an internal meeting by the Joint Expert Appraisal Committee — made up of ministry officials and mining experts — noted similar concerns, and said any increase in mining production should require some form of public consultation. In October, the environment ministry, now led by Bhupender Yadav, published a memo that allowed mines to expand production by only 20 percent without public hearings — less than half what Agarwal and the mining industry lobby group had wanted. But the issue was revived when Cabinet Secretary Rajiv Gauba, who reports directly to Modi, spearheaded an internal push to cut government red tape. Minutes from a meeting on December 9, 2021, show he instructed the environment ministry to review its process for approving projects to determine if it had “achieved the desired objective.” An official with knowledge of what happened said that Gauba’s instruction was understood as an order to alter a variety of regulations, including for the mining sector. “The cabinet secretary had asked us to make changes to the EC [environmental clearance] and FC [forest clearance] processes, so it had to be done,” the official, who asked not to be named to protect their job, told OCCRP. In April 2022, the environment ministry published a memo scrapping the requirement for miners to hold public consultations when expanding production by up to 40 percent, and requiring only written feedback up to 50 percent. Experts said this would exclude a large section of the Indian public who cannot read or write, or who struggle to negotiate government bureaucracy. Dutta, the environmental lawyer, said implementing a major change to India’s environmental legislation using a memo, without holding any public consultation process, is illegal. “An Office Memorandum is not a law and cannot be treated as a law,” he wrote in an email. It is unclear if any specific Vedanta project has benefited from the new mining guidelines. Veteran environment activist Rajeev Suri challenged the changes at India’s National Green Tribunal –– a judicial body which hears environmental cases –– soon after they were published. In his petition, he argued that public hearings are “one of the most important safeguards for the general public” under environmental law. The court ruled against Suri, agreeing with the government’s argument that the changes were only procedural. But Suri’s lawyer, Vanshdeep Dalmia, said he considered some of the details in the documents OCCRP obtained to be grounds for appeal — specifically, minutes from one meeting that show the government’s own Joint Expert Appraisal Committee recommended that mining companies consult with anyone affected in writing at every stage of ramping up production. Not disclosing this information to the court was “tantamount to suppression and concealment” of facts that could have had “a material bearing on the merits of the case,” Dalmia said. Suri added that OCCRP’s investigation “brings to light the complicity between big business houses,” which use their money and “power to access the decision-making authorities.” But the changes to the mining laws weren’t Vedanta’s only surreptitious lobbying effort during the pandemic. Oil and Gas Emotions were running high when Jor Singh, a local politician for the district of Barmer, in the dusty Rajasthan region on India’s border with Pakistan, took to the stage in September 2019 to speak out against the damage caused by Vedanta’s oil and gas projects. Protesters were already shouting near the tent where the meeting was being held. They had tried to get it canceled, arguing the meeting hadn’t been sufficiently publicized and the hearing had too broad a mandate, but their pleas were ignored. Singh started by listing a slew of environmental problems allegedly caused by one project operated by Vedanta’s oil and gas business, Cairn India. “The company disposes of polluted water in agricultural fields and this polluted water causes difficulty in breathing,” Singh told the people gathered in the tent, according to minutes of the meeting. He also criticized Vedanta for only publicizing the meeting in the newspapers, which not all local people could read. “Don’t take undue advantage of illiterate villagers,” he said. Local resident Priyanka Chowdhary stood up next, saying polluted water from the company’s operations was being dumped on farmland. “Prime Minister Narendra Modi-ji is talking about the environment,” Chowdhary said, using a common Indian honorific. “How conscious is [Cairn] about the environment?” A spokesperson for Cairn said the company follows all environmental regulations in its projects. “We strongly believe in protecting the sustainability of the environment in which we operate and follow the highest standards of ESG compliance in our business operations to keep the environment and people safe,” they said in a statement. The six blocks in Rajasthan are among dozens where Vedanta bought extraction rights in government auctions. OCCRP’s analysis of official data shows Vedanta was the top benefactor of a recent government push to boost domestic oil exploration, scooping up 62 of the 220 blocks put up for sale across the country between 2018 and 2022. But several of the projects, including the blocks in Rajasthan, had been held up by local opposition. By the time of the Barmer meeting, Vedanta was already working to have the requirement to hold public consultations scrapped. In March 2019, while seeking approval to begin work in its Rajasthan blocks, Cairn wrote to the environment ministry saying that no public hearings should be needed because the exploration projects were only “temporary and shortterm.” A few months later, the cabinet secretariat formed the Empowered Co-ordination Committee, led by Gauba, with the mandate to resolve regulatory issues faced by oil and gas companies that won blocks in the auctions. It was at a meeting in July 2019 that the director general of hydrocarbons, V.P. Joy, first proposed exempting oil exploration from public hearings. Though not all his proposals were in line with Cairn’s specific requests, his reasoning on the exemptions — that the projects involved were only short term — echoed the company’s arguments. Joy followed this up with a letter to the environment secretary in September the same year. His successor sent another in early January 2020. Just a few days later, India’s environment ministry published an amendment to the country’s Environmental Impact Assessment (EIA) law that exempted oil and gas exploration projects from having to hold public hearings. The change also downgraded the risk ratings of these projects meaning they only had to be greenlit by state authorities, rather than experts in the environment ministry. Despite widespread opposition, internal letters show all of Cairn’s projects in Rajasthan were approved in 2021. A senior government official with knowledge of what happened, who requested anonymity since he is not authorized to speak with reporters, said the combined influence of the director general and Cairn led to the law being changed. “In addition to the requests made by the DGH [director general of hydrocarbons], another reason why the EIA law was amended for encouraging oil and gas exploration projects is the repeated requests sent by Cairn India to the environment ministry,” said the official. Normally the ministry puts any proposed amendments to the law out for public feedback before implementing them. But in this case it bypassed further consultations using a rule that is only supposed to be used to streamline activities of “public interest” that protect the environment. Lawyer and researcher Kritika Dinesh said it was evident that the environment ministry “prefers to listen to the voices of industries more than people displaced and impacted by pollution from development projects.” “The [ministry’s] mandate is to protect the environment, but increasingly they are promoting business interests,” she said. Today, work on Cairn’s oil projects is getting underway. Compliance reports show that three of the planned 29 wells had been dug in one of them searching for oil or gas as of March this year. A spokesperson for Cairn said the company had received all the necessary approvals for its oil and gas projects, including convening public hearings and engaging with local stakeholders in line with the advice of the state government. Political Support Though Vedanta lobbied hard for the pandemic-era changes to India’s environmental regulations, it’s hard to say whether Modi’s government was acting specifically to benefit the company, as other companies also stood to benefit. OCCRP did find evidence that Vedanta has been an important donor to Modi’s BJP party. Two entities linked to a Vedanta subsidiary gave a combined 43.5 crore rupees (around $6.16 million) to the party between 2016 and 2020, according to contribution reports filed with India’s election commission by the BJP and one of the entities. The donations from just one of these trusts, Bhadram Janhit Shalika, put it in the top ten donors to the BJP between the fiscal years 2016-2017 and 2021-22, according to data compiled by the Association for Democratic Reforms, an Indian advocacy group. The true amount could be far more because Vedanta has also made political donations through “electoral bonds” — an opaque method using bank promissory notes brought in by the BJP-led government in 2018. Between 2021-2023, Vedanta’s annual reports show it bought more than $35 million of these bonds though it’s unclear how much, if any, of this may have gone to Modi’s party. Vedanta’s political donations had run into legal troubles in the past. Two months before Modi was elected, New Delhi’s High Court ruled that its donations to the BJP and to the former ruling Congress Party — totaling to over 160 million rupees between 2004 and 2012 — breached the law restricting foreign companies from funding Indian political parties, because Vedanta was incorporated in the U.K. Two years later, the government redefined what is considered a foreign company. The Association For Democratic Reforms, an advocacy group, alleged in a petition to the Supreme Court that the change was an attempt to shield the beneficiaries of Vedanta’s donations from scrutiny. “These Amendments pose a serious danger to the autonomy of the country and are bound to adversely affect electoral transparency, encourage corrupt practices in politics and have made the unholy nexus between politics and corporate houses more opaque,” said the petition. The case is pending. Activist Disha Ravi, who has been arrested for her campaigning on behalf of farmers, said the influence of companies like Vedanta must be curbed if India is to protect its environment. “Allowing big corporations to influence environmental policy is like allowing tobacco manufactures to influence policy on health and well being — their interests lie in increasing their bottom line,” she said. “There is a strong need to remove them from places of power to achieve solutions.” — Organized Crime and Corruption Reporting Project.

NewsHawks Page 25 Issue 146, 1 September 2023 The NewsHawks is published on different content platforms by the NewsHawks Digital Media which is owned by Centre for Public Interest Journalism No. 100 Nelson Mandela Avenue Beverly Court, 6th floor Harare, Zimbabwe Trustees/Directors: Beatrice Mtetwa, Raphael Khumalo, Professor Wallace Chuma, Teldah Mawarire, Doug Coltart EDITORIAL STAFF: Managing Editor: Dumisani Muleya Assistant Editor: Brezh Malaba News Editor: Owen Gagare Digital Editor: Bernard Mpofu Reporters: Brenna Matendere, Ruvimbo Muchenje, Enock Muchinjo, Jonathan Mbiriyamveka, Nathan Guma Email: [email protected] SUB EDITORS: Mollen Chamisa, Gumisai Nyoni Business Development Officer: Nyasha Kahondo Cell: +263 71 937 1739 [email protected] Subscriptions & Distribution: +263 71 937 1739 Reaffirming the fundamental importance of freedom of expression and media freedom as the cornerstone of democracy and as a means of upholding human rights and liberties in the constitution; our mission is to hold power in its various forms and manifestations to account by exposing abuse of power and office, betrayals of public trust and corruption to ensure good governance and accountability in the public interest. CARTOON Voluntary Media Council of Zimbabwe The NewsHawks newspaper subscribes to the Code of Conduct that promotes truthful, accurate, fair and balanced news reporting. If we do not meet these standards, register your complaint with the Voluntary Media Council of Zimbabwe at No.: 34, Colenbrander Rd, Milton Park, Harare. Telephone: 024-2778096 or 024-2778006, 24Hr Complaints Line: 0772 125 659 Email: [email protected] or [email protected] WhatsApp: 0772 125 658, Twitter: @vmcz Website: www.vmcz.co.zw, Facebook: vmcz Zimbabwe Hichilema stood by principles Dumisani Muleya Hawk Eye Editorial & Opinion IT was bound to happen. Another Zimbabwean election, another disputed result. You do not need a PhD in constitutional law to admit that the 2023 general election was irretrievably flawed from the word go. An election is not just what happens on voting day; it is not an event but a process. The entire chain — from delimitation to nomination to proclamation to polling to counting — every component matters. When one aspect is compromised or contaminated, the credibility of the whole election is brought to question. Even the Southern African Development Community (Sadc), which usually sees no evil, speaks no evil and hears no evil when it comes to Zimbabwe's perennially shambolic elections, was refreshingly forthright this time around. In an unprecedented development, the Sadc election observer mission said the election fell short of the requirements of the Zimbabwe constitution, the Electoral Act and the Sadc Principles and Guidelines on Democratic Elections. Sadc has finally grown a spine — and what a breath of fresh air! We must remember that, contrary to the threadbare propaganda emanating from the Zimbabwean government and its apologists, the Sadc team is not the only observer mission which condemned the elections. Several other teams, including the European Union, African Union-Comesa and Carter Centre missions, also spelt out the glaring shortcomings of the polls. Emmerson Mnangagwa’s international diplomatic re-engagement effort is now in tatters. As a direct result of this sham election, Zimbabwe’s pariah status is assured — with catastrophic consequences for the country’s long-suffering citizens. The already troubled economy is headed for tougher times. Sadly, the biggest casualty will not be Mnangagwa but the masses of our people. Without political legitimacy, Mnangagwa will find it increasingly difficult to achieve sustainable economic stability. Mnangagwa, whose default position is always to resort to threats, has not wasted time in stoking the flames of strife. Speaking on Thursday, Mnangagwa threatened a crackdown on his political opponents. His crude threats were unbefitting of anyone claiming to be a leader. Mnangagwa needs to realise that legitimate power comes from the consent of the governed. Legitimacy does not come from the coercive state apparatus. In any case, we have seen soldiers in this election voting in large numbers for the opposition, which speaks volumes. Mnangagwa's threats are ominous. He has a history of masterminding unspeakable bloodshed — from Gukurahundi to the 2008 elections to 1 August 2018 to January 2019. “I warn anybody who may want to bring any chaos in this country we are ready,” he said during a ceremony to open a lithium plant. “Whoever shall preach hate speech will be responsible for their hate speech, our prisons are not full.” Whenever he resorts to naked intimidation, he comes across as clueless, undemocratic and unwise. The post-election crisis calls for wisdom, not coercion and political terror. The opposition Citizens' Coalition for Change has chosen not to petition the Constitutional Court in challenging the discredited election. The court of public opinion is divided as to whether going to court would have been the best course of action. Can the compromised courts be relied upon to adjudicate fairly, impartially and independently in the interests of justice? Time will tell, but past experience does not inspire confidence. People often speak glibly about Zimbabwe's sham elections. But the consequences of stolen elections have far-reaching implications for the country's democracy, stability and development. Bogus polls insidiously subvert and erode democratic principles. Without upholding the fundamental principles of liberty, such as free and fair elections, transparency, and respect for the will of the people, Zimbabwe cannot claim to be a constitutional democracy. This has directly led to a loss of faith in the electoral process and in public institutions. Apart from fomenting political strife, stolen elections delegitimise the "elected" government, leading to a lack of public support and trust. Without a legitimate mandate, governance is a nightmare, and it becomes difficult to implement effective policies and reforms. The most devastating impact is felt in the quality of life. The legitimacy crisis resulting from stolen elections negatively affects the economy. Investor confidence declines, leading to reduced foreign direct investment, job losses, slowed economic growth and general malaise. As the fraught history of Zimbabwe's elections has shown, there is no substitute for transparent and independent electoral institutions. However, the tragic reality is that Zanu PF itself is incapable of reform, therefore how can it be realistically expected to foster credible public institutions? The Zimbabwe Electoral Commission, as a Chapter 12 institution, must be fair, impartial, competent and independent. Zec, as currently configured, has become a national embarassment and must be disbanded without delay. Legitimacy nightmare

WARREN Buffett, the chief executive of Berkshire Hathaway, believes that reputation is an asset that should be protected and maintained because of its high value. He believes that a good reputation is worth real money and is willing to pay a premium for companies that have more integrity. In a memo to his leadership team, he conveyed that reputation is key, stating that anyone's reputation can take a hit in an instant, and destroy what would have taken many painstaking years to build. In my presentations to clients and students alike, I have shared experiences of how organisations I worked for dealt with reputational damage of all sorts. At my disposal were tools such as the "pub test" to gauge public sentiment about the organisation. It involves going to a pub and ask random people there what they think about the organisation in question. I am yet to find a more sincere source of sentiment than this, except of course from its own employees. After a series of protracted human resources-related skirmishes with management in the early 2000s, employees of Dunlop Zimbabwe, a once successful tyre-making company, would show their disgust by neatly folding and hiding branded worksuits of their employer before leaving company premises. This was because they loathed the idea of them being identified as Dunlop. This was a far cry from the time when anyone employed there was a target of admiration. What happened? Management took a confrontational approach when negotiating with workers on employee issues. It got to the stage where workers would regularly leak adverse information to the media. Issues came to a head when a much-publicised disagreement over salary increases and car purchases for management resulted in the former being barricaded in their offices.  That incident was the last straw that led to the CEO being shown the door. In a competitive business landscape, organisations such as the one mentioned above soon recognise the power of employees who have the capability of building or destroying an organisation. This was recognised by the successor who adopted a worker-centric approach in employee relations. It led to a remarkable turnaround in the fortunes of the blue-chip company in a short time.  This was largely due the strategy to create employee ambassadors. That is, turning workers into individuals who actively promote and advocate for their organisation, both internally and externally. In this article, we will explore how organisations can create and leverage employee ambassadors as part of their reputation management strategy, while also highlighting potential pitfalls to avoid in the process. First, cultivating a positive organisational culture is the key foundation stone for developing employee ambassadors. Foster an environment that values transparency, open communication, and How to harness the power of employee ambassadors to manage your reputation employee empowerment. When employees feel valued, engaged, and aligned with the organisation's mission and values, they are more likely to become enthusiastic advocates. A toxic labour environment generates mistrust between management and workers. Employees as assets are far more valuable than financial or fixed assets. The sooner management realises this, the better for their company’s reputation. Provide clear expectations and guidelines. Creating employee ambassadors is a strategic and deliberate. To effectively utilise employee ambassadors, organisations must provide clear expectations and guidelines. Establish a framework that outlines the role of employee ambassadors, their responsibilities, and the boundaries within which they should operate. This ensures consistency in messaging and seeks to manage potential reputational risks. Investing in training and development opportunities for employee ambassadors is crucial. Provide them with the necessary knowledge, skills, and resources to effectively represent the organisation. Training can include media relations, public speaking, social media etiquette, and crisis communication. This should be embedded into the internal communications strategy which strives to keep every employee in the loop on the goings-on in the organisation. Continuous learning opportunities keep ambassadors informed and equipped to handle various situations. Authenticity is key when it comes to employee ambassadors. Encourage them to express their unique perspectives and e x p e r i e n c e s while aligning with the organisation's values. Allow ambassadors to develop their brand within the context of the organisation, as this fosters genuine connections with stakeholders. Celebrate and support employees who were doing well in other spheres such as sports, and making sure they were suitably branded by giving them moral and material backing; this guarantees brand visibility. Dunlop’s successful internal sports programme that supported soccer, netball, volleyball and tennis teams was revived after years of neglect. This did a lot to lift the spirits of the workers who participated in various competitions. Recognising and rewarding employee ambassadors for their efforts is essential. Acknowledge their contributions through internal recognition programmes, incentives, or career advancement opportunities. This not only motivates ambassadors to continue their advocacy but also inspires other employees to become ambassadors themselves. At Dunlop Zimbabwe, the management team introduced incentives for cost-saving and innovative productivity enhancement ideas from the workers. The response was overwhelming, and it gave the workers a sense of being part of the organisation’s growth strategy. The re-introduction of a scholarship scheme for both workers and their immediate dependants was a masterstroke. Effective internal communication is vital for engaging and mobilising employee ambassadors. Keep them informed about organisational updates, initiatives, and achievements. Regularly share success stories and encourage ambassadors to share their own experiences. This creates a sense of pride and belonging, strengthening their commitment to the organisation. Social media platforms provide a powerful avenue for employee ambassadors to amplify the organisation's messages. Encourage ambassadors to share positive stories, industry insights, and company news on their personal social media accounts. However, establish clear guidelines to ensure they adhere to the organisation's social media policy and avoid potential pitfalls. While employee ambassadors can be a valuable asset, organisations must be vigilant in monitoring potential risks. Establish a system for monitoring online conversations and social media activities related to the organisation. Promptly address any inappropriate or misleading content shared by ambassadors to prevent reputational damage. We have seen how brand ambassadors can be a handful. As for employee ambassadors, an internal code of conduct should come in handy. Employee ambassadors should be encouraged to share their experiences and perspectives, but they must also be mindful of their role as representatives of the organisation. Encourage them to avoid discussing confidential information, making unauthorised statements, or engaging in controversial discussions that could harm the organisation's reputation. Maintaining an open feedback loop is crucial for continuous improvement. Encourage employee ambassadors to provide feedback on the organisation's reputation management strategies, communication efforts, and areas for improvement. This feedback can help refine the programme and ensure its effectiveness eventually. Employee ambassadors can be a powerful force in shaping and managing an organisation's reputation. By cultivating a positive organisational culture, providing clear guidelines, offering training opportunities, and recognising their contributions, organisations can harness the potential of employee ambassadors. With a well-executed employee ambassador programme, organisations can enhance their reputation, build trust, and establish a strong brand presence in the marketplace. *About the writer: Lenox Lizwi Mhlanga is a communication specialist with extensive experience spanning 23 years, in the areas of public and media relations, and broadcasting. He can be contacted to assist your organisation formulate and implement an employee ambassador strategy on mobile: +263 722 400 656 and email: [email protected] Corporate Communications Lenox Lizwi Mhlanga Page 26 NewsHawks Issue 146, 1 September 2023 New Perspectives

Page 26 NewsHawks Issue 76, 15 April 2022 Business MATTERS NewsHawks CURRENCIES LAST CHANGE %CHANGE USD/JPY 109.29 +0.38 +0.35 GBP/USD 1.38 -0.014 -0.997 USD/CAD 1.229 +0.001 +0.07 USD/CHF 0.913 +0.005 +0.53 AUD/USD 0.771 -0.006 -0.76 COMMODITIES LAST CHANGE %CHANGE *OIL 63.47 -1.54 -2.37 *GOLD 1,769.5 +1.2 +0.068 *SILVER 25.94 -0.145 -0.56 *PLATINUM 1,201.6 +4 +0.33 MARKETS *COPPER 4.458 -0.029 -0.65 BERNARD MPOFU ZIMBABWE’S arrears clearance and debt resolution plan is hanging by a thread after the country held general elections which were flagged by foreign observation missions accredited into the country as falling short of international standards. Before the 23 August general elections, the holding of credible polls was highlighted as a key precondition for normalising relations with the international community. The southern African nation’s total debt stock has soared to US$18 billion as of December 2022 from US$17.2 billion reported in the prior comparative period as the distressed economy struggles to extricate itself from the debt albatross. With no budgetary support from traditional lenders such as international financial institutions such as the World Bank and International Monetary Fund (IMF) due to non-payment of arrears, Zimbabwe has been mainly relying on grants, bilateral loans and domestic resources to finance its key capital projects. After several failed attempts to settle arrears with international financial institutions (IFIs) such as the World Bank and the African Development Bank (AfDB), which enjoy preferred creditor status, Zimbabwe, which has been struggling to access long-term concessional funding, adopted a new strategy which is led by AfDB. The debt-ridden nation established a structured dialogue platform with all creditors and development partners in order to institutionalise negotiations on economic and governance reforms to underpin the arrears clearance and debt resolution process. Ahead of the elections, the United States said Zimbabwe’s ongoing dialogue with multilateral and bilateral creditors, which is currently being facilitated by the African Development Bank (AfDB) and former Mozambican president Joaquim Chissano, provided a window of opportunity to help normalise relations between Washington and Harare. Washington is now closely following developments in Harare after observer missions and the opposition raised the red flag over the electoral process. The US is a key player and majority shareholder of the Bretton Woods institutions. “Although the Zimbabwe Election Commission (Zec) has announced results of the country’s recent presidential election, multiple observation missions have expressed deep concerns and stated that the country’s electoral process did not meet regional and international standards for credibility,” US State Department spokesperson Mathew Miller said in a statement this week. “The United States notes in particular the systemic bias against political opposition during the pre-election period and reports from respected civil society groups that Zec officials pressured election observers to sign altered polling station result forms. We call on the Zec to make the disaggregated polling station results publicly available to increase confidence in the result tabulation process. “These actions belie President Mnangagwa’s repeated pledges to respect rule of law, transparency, and accountability. The United States is engaging regional leaders to share our concerns, including what this means for the international community’s nascent efforts to re-engage the Zimbabwean government. There is much at stake for the people of Zimbabwe and the region. We urge all Zimbabweans to remain peaceful and pursue grievances through established legal channels.” In May this year, head of the European Union delegation in Zimbabwe, Jobst von Kirchmann, said the success of Harare’s re-engagement with the economic and political bloc and the country’s creditors is premised on the holding of credible elections this year. Von Kirchmann told guests attending the belated Europe Day commemorations at his residence recently that relations between Harare and Brussels, which at the turn of the millennium had turned sour, have thawed in recent times. Last week, the European Union's Election Observation Mission in Zimbabwe expressed concern over the electoral process, throwing Zimbabwe’s re-engagement efforts off-balance. In a preliminary statement which came after the 23 August elections, the EU observer mission said the electoral process curtailed fundamental rights amid the lack of a level playing field compounded by intimidation. This affected the credibility of the polls which were largely disorderly. “Despite appeals for peace by national and international actors, instances of violence, including battery, arson and kidnappings were noted by EU EOM, especially in rural areas. Cases increased as election day neared,” the head of EU observers, Fabio Massimo Castaldo, said on Friday. “A CCC supporter was killed in a so-called opposition no-go area; 15 people were arrested and charged, pending trial. The intimidating presence of Forever Associates of Zimbabwe (Faz), was observed by the EU EOM at many rallies. Several observers received first-hand reports of coerced/incentivised attendance at Zanu PF events. Cases of the latter’s supporters disturbing other parties’ rallies were observed in several areas.” As consistently reported by The NewsHawks, Zimbabwe faces a herculean task in improving its ranking on the Mo Ibrahim Index as the country commits to far-reaching political governance reforms in order to cosy up to creditors. The Mo Ibrahim Foundation defines governance as the provision of political, social, economic and environmental goods that citizens have the right to expect from their state, and that a state has the responsibility to deliver to its citizens. According to the Arrears Clearance and Debt Resolution Process Governance Reforms Matrix, Zimbabwe agreed upon seven sub-indicators under the Mo Ibrahim Index and has undertaken to improve on its rankings. The sub-indicators are: Democratic elections; absence of violence against civilians; impartiality of the judicial system and judicial processes; civil society space; institutional checks and balances; and transparency in public procurement procedures. Zimbabwe currently scores 49.54 (in 2022) out of 100.0 in overall governance, ranking 29th out of 54 in Africa. The country scores lower than the African average (48.9) and lower than the regional average for southern Africa (54.2). Under the implementation matrix seen by The NewsHawks, Zimbabwe seeks to improve the governance index to 51.03 this year from 49.54 reported last year. Next year, the country sees the score improving to 52.56 before further climbing to 54.14 the following year. Published since 2007, the Ibrahim Index of African Governance assesses governance performance in 54 African countries over the latest available 10-year period. It provides a framework and dashboard for any interested audience to assess the delivery of public goods and services and public policy outcomes in African countries. Sham elections imperil debt resolution efforts

Page 28 Companies & Markets NewsHawks Issue 146, 1 September 2023 BERNRAD MPOFU THE International Monetary Fund (IMF) has named Zimbabwe among countries that have a present value of Special Drawing Rights (SDR) holdings of over 2% of gross domestic product as the multilateral lender warns of impeding defaults in debt-distressed economies, a new report has shown. In August 2021, the IMF’s board of governors approved a historic general allocation of SDR equivalent to US$650 billion. This report follows up on the impact of the allocation for the global economy. It also documents members’ use of the allocation, assesses its economic implications at the country level, and discusses the voluntary channeling of SDRs from economically strong members to the most vulnerable ones. On 2 August 2021, the board of governors of the IMF approved a general allocation of SDR456 billion (US$650 billion) to boost global liquidity. Zimbabwe received SDR677.4 (US$961 million) which the authorities said would ease the liquidity situation in the economy. The SDR is an international and unconditional reserve asset created by the IMF in 1969 to supplement its members’ official forex holdings. It is a potential claim on the freely usable currencies of IMF members. As such, SDRs can provide IMF members with liquidity. The value of the SDR is based on a basket of five currencies: the US dollar, the euro, the Chinese renminbi, the Japanese yen, and the British pound sterling. “Despite the higher expected cost, most members’ capacity to service SDR obligations remains broadly adequate, with some exceptions. The SDR Department’s annual payments represent less than 0.1 percent of GDP for 90 percent of members with negative net SDR positions, and less than 1 percent of reserves for 90 percent of that group,” reads an IMF 2021 Special Drawing Rights Allocation — Ex-Post Assessment Report published this week. “Meanwhile, the Present Value of SDR obligations amounts to less than 1 percent of GDP in 69 percent of this group of members and between 1–2 percent of GDP in 23 percent of members. However, in 8 percent of EMDCs , the Present Value of SDR obligations amounts to 2–9 percent of GDP. “Among LICs, São Tomé and Principe,Yemen, and Zimbabwe stand out as having a Present Value of SDR obligations greater than 2 percent of GDP and external debt greater than 40 percent. Three EMs with PV of SDR Department exposures greater than 2 percent also have external debt levels greater than 60 percent of GDP (Jamaica, Suriname, and Venezuela). Furthermore, for several members, SDR Department obligations are a significant part of their external debt stock.” The report also shows that out of 39 LICs with negative SDR positions, the majority (31, or 80%) experienced no change in their LICDSF risk rating during July 2021–June 2023 (almost all other LICs also saw no change), three (8 percent) observed an improvement, and six (16 percent) experienced a deterioration. Of the latter, four (Djibouti, Lao PDR, Malawi, and Zambia) entered debt distress due to a combination of factors not related to the SDR allocation, although Malawi stands out as having relatively higher SDR department payments; Comoros and Tanzania saw an increase in their risk rating, reflecting country-specific vulnerabilities. According to the IMF, only participants in the SDR department (currently all IMF members), prescribed holders, and the IMF itself, can hold, buy, and sell SDRs. Currently, there are 20 organisations approved as prescribed holders. Only participants in the SDR department can receive allocations of SDRs. To date, a total of SDR660.7 billion (equivalent to about US$943 billion) have been allocated. SDRs are allocated to countries proportionally to their paid quota share in the IMF. So far, four general SDR allocations have been approved, including during the global financial crisis in 2009 (SDR161.2 billion) and following the Covid-19 pandemic in 2021 (SDR456.5 billion). Members can use their SDR holdings unconditionally. Upon allocation, IMF members receive SDRs as a foreign-currency asset (the SDR holdings), with a corresponding liability to the Fund (the SDR allocation). Some members hold SDRs to boost their reserves. Others may buy or sell SDRs for currencies or use them for other financial operations authorised by the IMF executive board. The decision about using the allocated SDRs rests with each member. The allocation boosted reserves at a time of unusual uncertainty and distress in the global economy. Members’ gross, and in most cases net, international reserves increased once the allocation became effective. Although the bulk of the allocation went to AEs, in line with members’ respective quota shares, the allocation as a share of GDP and reserves was larger in LICs than EMs and AEs. The report shows that low-income countries (LIC) had more varied use of the SDR allocation, including for pandemic-related needs: 33 LICs (out of 53 covered by the tracker) at least partly used the allocation for fiscal support, including explicitly for pandemic-related spending (for example Gambia, Guinea Bissau, São Tomé and Principe, Senegal, and Zimbabwe). IMF warns of distress

NewsHawks Companies & Markets Page 29 Issue 146, 1 September 2023 BERNARD MPOFU IN a rare public expression of his political opinion, Zimbabwean businessman, philanthropist and founder of the now defunct Kingdom Bank Kingdom, Nigel Chanakira, has warned the ruling party that it could perish if it fails to reform or promote the politics of inclusivity. Zimbabwe held general elections last Wednesday in which incumbent leader Emmerson Mnangagwa narrowly edged his closest rival Nelson Chamisa. The Zimbabwe Electoral Commission declared the incumbent Mnangagwa as the winner of the 2023 presidential election after he got 52.6% of the vote. Chamisa received 44%, with the remainder being divided among leaders of smaller political parties. Chanakira, who was once one of the poster boys of the black economic empowerment programme, expressed his feelings on what the outcome meant to many Zimbabweans. “The prevailing blatant and brazen corruption, intolerance, misappropriation of resources, hyperinflation and fragile exchange rate for all who care to see have led me to another fork in the road,” Chanakira tweeted after the polls. “Nobody listens and cares anymore within the ruling elite. Like most Zimbabweans I used to be timid and private about my political views but I have now become more decisive and openly swayed in a different direction for the sake of our beloved country. Folks, we have to engage and dialogue much more with all politicians for a better Zimbabwe. Left alone they will not govern for the people both at national and local government levels but for themselves. “Not that my opinion counts or has ever counted for much, but my prayer is that ZANU PF will reform itself further to become a modern, progressive and futuristic party that is not tone deaf and optics blind. Being a rural focused party that does not incorporate the urbanites, the middle class and independent thinkers plus not speaking truth to power, could be its demise.” Chanakira said without dialogue nothing much will change in Zimbabwe. “CCC as the main contending party remains in substance a movement that must now evolve to become a democratic party,” Chanakira said. “They seem to listen more based on my personal engagement and skirmishes with them. My sagas with water, roads and vehicle clamping in Harare have yielded tangible results. Currently they depict some favourable alternative policies within their manifesto of being all inclusive, energetic and youthful.” Chanakira led Kingdom Bank from humble beginnings to a leading indigenous financial services group before his exit. His efforts continue to be recognised as he had been awarded more than 17 local and international business awards. He is the current executive chairperson of Success Motivation Institute (Zimbabwe) based in the capital. Chanakira and four other partners founded Kingdom Bank in 1994. In 1999, Chanakira merged the bank with The Discount Company of Zimbabwe before listing on the Zimbabwe Stock Exchange. The new entity then acquired a stake in a foreign exchange bureau before merging with Meikles in 2007 to create Kingdom Meikles, one of the largest in Zimbabwe. In October 2009, a dispute emerged with majority shareholders, and Chanakira decided to step down as CEO. He then de-merged Kingdom from the Kingdom Meikles group in 2011 and formed Kingdom Financial Holdings. In 2013, Chanakira sold his 30% stake in AfrAsia Kingdom Zimbabwe. Zanu PF must reform or perish Businessman Nigel Chanakira

Page 30 The Big Debate ON 23 and 24 August 2023, Zimbabweans across the political divide cast their votes to elect their public representatives. They voted in the general elections to choose who is going to be their  president, member of Parliament and councillors for the next five years. However, on 26 August 2023 the Zimbabwe Electoral Commission (Zec) controversially announced  the  presidential results and declared Emmerson Mnangagwa the winner with 52.6% against Nelson Chamisa's 44%. Consequently, the Citizens' Coalition for Change (CCC) and its presidential candidate Chamisa, who were the main challengers to Mnangagwa’s Zanu PF, immediately rejected the results. They argued, among other things, that the results were fraudulent, illegitimate and falsified by Zec. Therefore,  ever since 26 August Zimbabwe has been plunged into a full-blown constitutional, electoral and governmental crisis. The main protagonists to this electoral and presidential battle are both claiming victory and refusing to concede and acknowledge the supposed winner. This crisis has spilled over into the region as well as continentally and internationally. Which again has brought Zimbabwe  back into the international limelight for all the wrong reasons. Therefore, in this opinion piece, I will attempt to unpack this electoral and constitutional crisis engulfing the Zimbabwean polity. In doing so, I analyse  both its immediate and far-reaching implications on both political and economic affairs of Zimbabwe. Moreover, this crisis will also raise pertinent questions on legitimacy or lack thereof and its likely implications on the Mnangagwa's presidency and Zimbabwe in the next five years. The season of long knives Historically and since 1980, elections in Zimbabwe have always been fraught with electoral malpractices and grave commissions and omissions that have negatively impacted on the credibility of the  final results. Thus, Zanu PF as a party and government has always been heavily involved in political chicanery and electoral shenanigans that has subverted the democratic and political will of the electorate. Hence, Zimbabwe is considered to have entrenched electoral autocracy, where the results are already pre-determined. Accordingly, the 2002, 2008, 2013 and 2018 general elections are considered manifestations of electoral autocracy.Therefore, the 23 and 24 August 2023 elections were not the exception but the norm. Suffice to say, the Achilles heel of Mnangagwa`s political career in post-independence Zimbabwe, especially since the turn of millennium, has been his lack of popularity. He lost in Kwekwe constituency in both the 2000 and 2005 parliamentary elections. Coupled with the fact that in the 2018 presidential elections he narrowly avoided a second round (run-off) by mere a 35 000 votes. Additionally, Mnangagwa has been hamstrung by lack of infectious and soaring charisma that his predecessor, the late Robert Mugabe, possessed in abundance. Moreover, Mnangwaga entered the 2023 presidential race on the back of  six years of incumbency. However, his last six years as president were punctuated by gross economic mismanagement and incompetence, massive corruption and failure to reintegrate Zimbabwe back into the progressive community of nations. Therefore, these overt liabilities posed an existential threat to Mnangagwa’s electability on 23 August 2023. As a result of these glaring electoral and political liabilities, President Mnangagwa decided to go for the jugular, in an effort to mitigate potential losses to his archrival Chamisa and the CCC. Therefore, the period building up to the 23 August 2023 harmonised elections became a festival of absurdities and a circus of illegalities. That is, we witnessed numerous electoral and legal  minefields  and political obstacles being put in place against Mnangagwa’s real and perceived political opponents. For instance, the judicialisation of politics went into overdrive as  the High Court, Supreme Court and Constitutional Court were besieged by a deluge of litigation from both the state, Zanu PF and as well as the opposition movements, civil society and opposition leaders. The high-profile cases included the state-sanctioned systematic disenfranchisement of former Zanu PF minister cum opposition leader Saviour Kasukuwere who was disproportionately, unfairly and illegally denied the opportunity to contest the 2023 elections as a presidential candidate. Mnangagwa's desperation to win by any means necessary resulted in his designing parallel structures and formations outside Zanu PF. These parallel formations included Crisis within the crisis: 2023 electoral fallout Zanu PF has always been heavily involved in political chicanery and electoral shenanigans that has subverted the democratic and political will of the electorate. NewsHawks Issue 146, 1 September 2023 Taona B. Denhere

NewsHawks The Big Debate Page 31 Issue 146, 1 September 2023 the plethora of 4ED formations that mushroomed everywhere during the campaign period. However, the one which Mnangagwa thought was going to become his political ace was the dreaded and infamous Forever Associates Zimbabwe (Faz). This was Mnangagwa’s personalised campaign vehicle, which acted as a counter intelligence, quasi-paramilitary unit. Faz was involved in the dark arts of kamikazee-type of political and electoral sabotage tactics against Mnangagwa’s political opponents, both within and outside Zanu PF. Hence it left a trail of electoral and political carnage in Zanu PF primary elections, CCC candidate selection process and during voting on 23 and 24 August. Chunia Achebe once prophetically said: “Whenever you see a toad jumping in broad daylight, then know that something is after its life.” Therefore, as the results of the 23 August harmonised elections started to trickle in , the police together with the central intelligence units raided the offices of the accredited local non-governmentsl organisations, the Zimbabwe Election Support Network (Zesn) and the Election Resourcd Centre (ERC) and arrested its members and staff. This was a preemptive attack by Zanu PF to prevent Zesn and the ERC from conducting parallel vote tabulation that could have exposed Zec's shenanigans and rigging schemes. Furthermore, we  also witnessed spirited and desperate Press conferences from Zanu PF senior leaders like Chris Mutsvangwa, Ziyambi Ziyambi  and Patrick Chinamasa. These Press conferences sounded alarmist and portrayed the impression of people who knew they had lost the elections. They desperately went into a fearmongering and scaremongering meltdown by invoking the threatening war-of-liberation rhetoric in an attempt to instil fear among the restless citizens and prevent them from expressing anger and outrage against the rigged results. However, noteworthy were the preliminary election postmortem reports issued by the election observer missions from the Southern African Development Community, European Union, Commonwealth, Carter Centre and other organisations All the observer missions were objective and scathing in their reports. There was unanimity among these observer missions, which argued, among other things, that the elections in Zimbabwe were not credible, not transparent, not free and not fair. Therefore, it had fallen short of domestic, regional and international guidelines in terms of free, fair and credible elections. This was quite refreshing and novel coming from the Sadc Election Observer Mission (SEOM), which in previous elections was accused of sanitising and whitewashing illegitimate and fraudulent elections in Zimbabwe. Dichotomy between the old and the new Consequently, this inconclusive election and its subsequent fallout, recriminations and counter-recriminations between Mnangagwa's Zanu PF against Chamisa's CCC  has also sucked in  the international observer missions, particularly the Sadc mission which has been on the receiving end of Zanu PF's vitriolic attacks. This situation has become symptomatic of what Antonio Gramsc describes as: “The crisis consists precisely in the fact that the old is dying and the new cannot be born; in this interregnum a great variety of morbid symptoms appear.” Therefore, applying the Gramscian thesis to the current electoral and political crisis ravaging the Zimbabwean polity, one can argue that over the last 23 years Zanu PF  has ceased to be and has removed any pretence of being a normal political organisation. That is, it has been on a 23-year-old downward spiral. This has resulted in endemic misgovernance, economic mismanagement and rampant corruption. Therefore, this has resulted in Zanu PF embracing authoritarian dirty tactics in its desperate attempts to retain power by any means necessary. This has been demonstrated by rampant voter suppression which affected the CCC strongholds in Harare and Bulawayo. Voting was delayed by nearly 12 hours due to deliberate absence of enough ballot paper by the Zec. Coupled with the blatant voter intimidation conducted by Faz who stationed sentries near the polling stations, mostly in rural areas. In addition to a fraudulent delimitation exercise and gerrymandering exercise and failure by Zec to provide credible and searchable voters' rolls to opposition parties. Crucially, a clear sign that the old is dying can be demonstrated by the unprecedented  failure of Zanu PF to produce and design an election manifesto. Therefore, this shows that the current Zanu PF in its shape and form is a post-intellectual and post-ideological political party. Consequently, as the old authoritarian edifice of Zanu PF is showing signs of dying, nonetheless, the new is struggling to emerge and disrupt the 43-year authoritarian stranglehold of Zanu PF. Thus, historically opposition political movements have periods in which they have won the elections, but have however failed to win power. For instance, in March 2008 Morgan Tsvangirai won the elections, but failed to wrest power from Mugabe. However, despite the old showing overt signs of dying, the new is still facing formidable obstacles from Zanu PF's authoritarian stranglehold. Despite formidable and resilient authoritarian pushback from Chamisa and the CCC, Zimbabwe is still delivering stillborn democracy. That is, the pathway towards constitutional and electoral democracy is still being short-circuited by Zanu PF and state-sanctioned authoritarianism. Nonetheless, there have been reports that the CCC will file a Constitutional Court petition which seeks to argue for the total nullification and invalidation of the August 2023 elections. The CCC has been demanding fresh elections that will be supervised by the regional and continental bodies such as the AU and Sadc. The party’s constitutional and legal grounds have been strengthened by the adverse findings of the regional and international observer missions. However, it seems Mnangagwa and Zanu PF had already ring fenced themselves against potential election challenges from the opposition. This was done through the controversial and extralegal appointment and extension of the term of Chief Justice Luke Malaba in 2022. This was done through the infamous Constitutional Amendment No.2. Moreover, during the last two months senior Judges were awarded sweetheart deals of housing loans each amounting to US$400 000. Therefore, this raises a lot of questions on the likelihood of the CCC election challenge succeeding. Considering the fact that the same judges ruled against the Chamisa's then MDC-Alliance election challenge in 2018. However, another viable option available to Chamisa and the CCC is to launch an aggressive and offensive diplomatic mission, arguing and lobbying for fresh elections. This is only feasible after they have exhausted the domestic remedies, that is only after the CCC and Chamisa have used the local courts and local dispute resolution mechanism. This was also emphasised in the majority of the regional and international observer mission reports. This then implies that the CCC and Chamisa cannot put the cart before the horse, that is they cannot embark on regional and continental lobbying exercises without challenging the election results in the Zimbabwean courts. Consequently, in this interregnum a disparate range of morbid symptoms continue to manifest as the situation remains desperate and volatile. We are seeing Sadc`s Panel of Elders being despatched to Harare at the behest of Zanu PF and Mnangagwa. Former President of Tanzania Jakaya Kikwete was meant to head this delegation, however, he pulled out at the last minute. This has been viewed as a major diplomatic snub of  Zanu PF by a senior leader in the Sadc region. This has been further evidenced by the fact that it is only four leaders from 16 member states of Sadc who have officially congratulated Mnangagwa over his disputed and controversial election. This lack of regional and continental blessings and endorsement of Mnangagwa's pyrrhic victory has led to the absurd situation were Zanu PF vice-presidents Kembo Mohadi and Constastino Chiwenga have found it necessary to send congratulatory messages to Mnangagwa. Moreover, the 2023 elections, which had been widely condemned by a lot of stakeholders, witnessed the unprecedented authoritarian dirty tactics of Zec. For the first time in its history, Zec announced the final presidential election results in a mere six minutes and in the middle of the night. This was done without the systematic breakdown of the presidential elections on a constituency-by-constituency basis. Even up to now, Zec is still yet to upload a breakdown of the presidential election results and its website has removed the disputed 2023 presidential results. Therefore, it seems Zec through its chairperson Priscilla Chigumba is engaging in Stalinist authoritarian brinkmanship along the lines: “The people who cast the votes don't decide an election; the people who count the votes do.” There is now a greater likelihood that Mnangagwa will become the next president of Zimbabwe and form a Zanu PF government, despite the regional, continental and international condemnation of his controversial victory. His presidency will be plagued by a dearth of legitimacy. Mnangagwa and Zanu PF lack electoral legitimacy due to the  fraudulent nature of their victory. This is also going to be made untenable by the fact that Mnangangwa and the Zanu PF government will find it difficult to have performance legitimacy, which might have mitigated their lack of electoral legitimacy. That is, in terms of performance legitimacy Mnangagwa over the last six years has failed to improve and change the national economy of Zimbabwe. Zimbabwe is currently experiencing hyperinflation and 95% of its working population is either unemployed or underemployed. State-sanctioned corruption is spiralling out of control. As long the issues of electoral legitimacy remain unaddressed, Zimbabwe will continue to be ostracised from the community of progressive nations and struggle to discard the 23-year-old pariah state label. *About the writer: Taona Blessing Denhere is a human rights and international development lawyer.

Page 32 CHRIS MURONZI Voters fear economic disaster as incumbent Emmerson Mnangagwa is returned for a second term. HARARE, Zimbabwe  — For days now, Lolo Zuma, a 37-year-old mother of three, has pondered and agonised over how she will provide for her three school-going children. “Zanu PF wins, I will become a sex worker to earn a living for my three children,” Zuma told Al Jazeera as vote tabulation in the general elections was under way on Thursday. As if to underscore her commitment to her new profession, she opened a box containing hundreds of condoms she had picked up at a local clinic earlier in the day. Late on Saturday, the Zimbabwe Electoral Commission (Zec) declared 80-year-old Zanu PF incumbent Emmerson Mnangagwa the winner with 52% of the vote. Opposition leader Nelson Chamisa (45), who heads the Citizens' Coalition for Change, got 44%, according to an announcement from the commission. Zimbabwe went to the polls on Wednesday but after the Zec failed to provide ballots to voters in the capital Harare and in Bulawayo, Mnangagwa had to extend voting by an additional day. Zuma says two of her three children are sitting for crucial Ordinary Level exams in November and she has been forced to make the decision to go into sex work because she can no longer rely on the income from her laundry and house chores in the poor neighbourhood of Kuwadzana, west of Harare. “People don’t have money anymore and they would rather wash or do the chores themselves than pay,” she said. Zuma said she voted fearing Zimbabwe’s ruling party, Zanu PF, could win again. Chamisa insists he won the previous poll in 2018 but that it was rigged by Mnangagwa with the help of Zec, a charge Zanu PF denies, maintaining it is popular with the electorate. After Saturday’s announcement from the Zec, an opposition spokesperson said on X, previously known as Twitter, that it rejected the results. A Zanu PF win is a reality many Zimbabweans are not ready to face. “If Zanu PF wins, it means suffering is continuing,” Taurai Gwatidzo, a Harare-based shoe cobbler told Al Jazeera. Zimbabwe’s economy has tanked after years of economic mismanagement by Zanu PF, which has been in power since the end of white minority rule in 1980. The economic crisis has led to 90% of Zimbabweans relying on informal work as the currency slumps and prices surge. Once a breadbasket of southern Africa and home to one of the continent’s advanced manufacturing industries, the nation is a pale shadow of its former self. “I think if Zanu PF wins, the party will be under a lot of pressure to make significant economic improvements. He [Mnangagwa] will be under a lot of pressure to leave a legacy for himself given this will be his last term and this could be a good thing for the economy. As such, his second term could be better than his first,” Prosper Chitambara, an independent development economist, told Al Jazeera. “That is the best-case scenario.” The worst-case scenario, he says, is a continuation of the economic policies of the past five years of Mnangagwa’s administration. Under his management, the currency has depreciated against the United States dollar owing to the unbridled printing of money. Prices of goods are so high, everyday people cannot afford them and the majority of Zimbabweans have been forced to take on some sort of menial work to survive. The US dollar is trading at US$1 to 7 000 Zimbabwe dollars. Inflation is close to 200%. “They were challenges in the economic reforms in the first five years. I am thinking they have learned from their mistakes. I think the ordinary person is looking for change in terms of the economy,” Chitambara said. With Mnangagwa’s victory now confirmed, many fear that after decades of mismanagement, the prospects for the country’s economy have become bleaker. ‘I live hand to mouth’ Mnangagwa first became president in 2017, taking over from  Robert Mugabe, Zimbabwe’s first post-independence leader who was removed in a coup following mass street protests against his rule. Before the two fell out, Mnangagwa had worked closely with Mugabe and held top government jobs including vice-president and minister of state security. “It is the hope of every Zimbabwean to see the perennial problems we have been having such as loss of savings, loss of buying power, loss of livelihood and extreme cases of poverty end,” Victor Bhoroma, an independent Harare economist told Al Jazeera. But even if Chamisa had secured victory, he would have had his work cut out to revive Zimbabwe’s long-struggling economy. “There is lot of work to be done for whoever takes over. The country has a huge debt burden and needs to normalise relations with international financiers, infrastructure is in shambles and the economy is by and large an informal one that failed to accommodate the university graduates,” Chitambara said. The country owes US$12bn to foreign lenders and a further US$6bn locally. Economists say there is a need for macro-economic reforms, non-productive spending reduction, and monetary policy reforms to ensure there is discipline and a reining in of money supply growth. Chitambara said a new administration would also need to take what he described as “institutional reforms” of state-run companies and ensure the business environment is not “onerous’. “Our fuel is second most expensive in Africa. We need to reform our tax regime to become competitive. There is a lot of work to be done to make Zimbabwe competitive,” he added. Independent economist Tatenda Mabhande holds out hope for the economy under Mnangagwa but warned electoral irregularities could negatively affect the “credibility of the outcome of the 2023 elections and dent confidence in the economy”. He said the dual currency system was likely to continue for the time being and the central bank would try to stabilise the exchange rate. “Strengthening the local currency is going to remain at the centre stage of the RBZ’s [Reserve Bank of Zimbabwe’s] mandate,” Mabhande told Al Jazeera. Zimbabwe uses both the Zimbabwe dollar and the US dollar for transactions after adopting the US dollar in 2009 to end hyperinflation. On the fiscal front, balancing budgets should remain the central focus of the Zanu PF-led government, Mabhande said. He anticipates spending pressure in agriculture, mining and infrastructure development, given the role these sectors have played in driving economic growth. “Government spending will benefit businesses in these sectors’ value chains and create employment. An increase in the employment rate will positively impact aggregate demand in the general economy, stimulating much-needed economic growth through the multiplier effect,” Mabhande said. Many everyday Zimbabweans, long victims of Zanu PF’s ruinous economic policies, see only more struggle ahead. “The only time I enjoyed life in Zimbabwe was during the days of unity government in 2009 and 2013 when we used US dollars,” Gwatidzo, the shoe cobbler, told Al Jazeera. “Now, I can’t save because of inflation and I live hand to mouth.” — Al Jazeera. President-Elect Emmerson Mnangagwa ‘Suffering is continuing’: Mnangagwa declared winner in Zimbabwe election The Big Debate NewsHawks Issue 146, 1 September 2023

LARRY GARBER ZIMBABWE'S elections were, in many respects, a rerun of the 2018 vote, with the same main presidential contestants, but with the population now suffering from greater economic distress and a severe decline in basic social services. The Zimbabwe Election Commission (Zec) announced on 26 August that incumbent President Emmerson Mnangagwa had defeated his opponent, Nelson Chamisa, with 52.6% of the vote and was duly elected for a second term. Mnangagwa’s Zanu PF party, which has controlled Zimbabwe since independence in 1980, also won 136 of the 209 contested National Assembly seats. But if Mnangagwa thought he had managed to control the election observation process this time, including with disinformation planted in state-owned news media, he was in for a surprise. Even before the results were made public, the five principal organizations observing Zimbabwe’s 2023 elections – Africa Union, Commonwealth, European Union, Southern African Development Community (Sadc), and Carter Centre — offered preliminary statements regarding the conduct of the electoral process. In view of the administrative chaos on election day and other pre-election irregularities,  all five delegations noted concerns  with specific aspects of the elections, which may have been predictable even to the government. But the blunt criticism offered by the Sadc delegation caught the government off guard. The government would have anticipated negative statements from the European Union and the Carter Centre.  For more than a year, Mnangagwa and his associates emphasized that only organisations from “friendly” countries  would be invited to observe the election and insisted that observers must stay within their lane. The effect was to discourage the observer organisations from issuing any public criticism during the pre-election period or risk not being accredited. In the case of the Carter Centre, the government belatedly invited the organisation to observe just 49 days prior to the elections and  denied visas to key personnel  (Full disclosure: I was one of those individuals.) Once the team began deploying, government-controlled media publicised the names of its observers from neighboring African countries,  alleging falsely that they had “clandestine motives” and planned to “stoke tensions,” and that they previously had subverted constitutional government in their own home countries. This effort heightened security concerns for the Carter Centre mission and required extra precautions to ensure the safety of the observers. As a final insult, the  election commission denied accreditation to 30 of the 40 short-term Carter Centre observers, forcing last-minute adjustments of assignments. The European Union election-observation mission (EOM), meanwhile, faced accusations publicised in the same state-owned newspaper  that its observers had handed out whiskey and grocery vouchers to “influence journalists to make outlandish claims that seek to sully the whole election process.” The EU mission rejected the allegations and  noted in its post-election statement that  “there was an extensive information campaign against the EU EOM and unacceptable attempts to discredit the mission as well as other international observer organisations by some media.” Sadc’s surprising role As the government sought to discredit the European Union and Carter Centre missions, it emphasized the significance of observers from regional actors, particularly the Sadc observers. Traditionally, Sadc has been dominated by leaders of countries that emerged from the same liberation struggles as Zimbabwe, including Angola, Mozambique, Namibia, and South Africa. Given Sadc’s track record, the government undoubtedly anticipated a positive report from its observers. But several election day events were impossible for even the most sympathetic observers to ignore. Many polling stations did not open on time — or, in some cases, at all – on election day, because the requisite election paraphernalia had not arrived. Zec attributed the problems to a delay in printing ballots caused by outstanding litigation concerning the eligibility of certain candidates. However, as noted by the Sadc delegation, the delays were almost exclusively in areas that traditionally supported the opposition, especially the major cities of Harare and Bulawayo. Equally important, the Sadc observers had raised the issue of electoral readiness with Zec prior to the elections and were assured that everything was in order. Thus, the Sadc statement suggests that Zec was either purposely untruthful or lacking in transparency in failing to acknowledge the possibility that election materials would not be available at certain polling sites. The ruling party also deployed members of Forever Associates Zimbabwe (Faz), a shadowy organization that was accredited to observe the elections, to station themselves outside polling stations, and to collect personal data from voters. These activities, as described in the Sadc statement, served to intimidate voters by suggesting that it would easy to determine who voted for which parties. Following the elections, the head of the Africa Union observer delegation, former Nigerian President Goodluck Jonathan, commented that the “Faz activities should be declared criminal offenses.” A third factor that contributed to the critical Sadc report was  police raids  on the offices of two well-regarded domestic monitoring organizations, the Zimbabwe Election Support Network (Zesn) and the Election Resource Centre (ERC), and the arrests of 39 of their staff members. The two organizations were conducting a parallel vote tabulation, whereby they could either verify or counter the official results released by Zec. The individuals arrested were released within 48 hours, but they now face criminal trials on spurious charges of having violated Zimbabwe law proscribing the premature release of election results. The ruling party also deployed members of Forever Associates Zimbabwe (Faz), a shadowy organization that was accredited to observe the elections, to station themselves outside polling stations, and to collect personal data from voters. These activities, as described in the Sadc statement, served to intimidate voters by suggesting that it would easy to determine who voted for which parties. Following the elections, the head of the Africa Union observer delegation, former Nigerian President Goodluck Jonathan, commented that the “Faz activities should be declared criminal offenses.” A third factor that contributed to the critical Sadc report was  police raids  on the offices of two well-regarded domestic monitoring organizations, the Zimbabwe Election Support Network (Zesn) and the Election Resource Centre (ERC), and the arrests of 39 of their staff members. The two organisations were conducting a parallel vote tabulation, whereby they could either verify or counter the official results released by Zec. The individuals arrested were released within 48 hours, but they now face criminal trials on spurious charges of having violated Zimbabwe law proscribing the premature release of election results. Parallel vote tabulations are common practice worldwide; indeed,  as Zesn has noted, its 2018 tabulation was used by the ruling party to confirm the Zec pronouncement of a Mnangagwa victory and to refute the opposition’s claim that it had won overwhelmingly. The government’s brazen attempt to interfere with such a widely-accepted practice was quickly condemned by a global network of domestic monitoring organizations and by the US Agency for International Development, which provided assistance to the two organisations. `Short of the requirements of the constitution’ These incidents and others that are described in the report led the Sadc delegation, headed by former Zambian vice-president Nevers Mumba, to conclude “that some aspects of the harmonised elections, fell short of the requirements of the Constitution of Zimbabwe, the Electoral Act, and the Sadc Principles and Guidelines Governing Democratic Elections (2021).” Such overt criticism of a fellow Sadc member was unprecedented. Within hours, a ruling party spokesperson responded that the head of delegation was “reporting on his own personal opinion to discredit the country’s polls and not reflecting the Sadc electoral principles.” Mumba dismissed the criticism as “laughable,” reiterating that the mission was present in-country at the invitation of the government to observe, and operated in a collegial manner as required by Sadc guidelines. The following day, Sadc headquarters in Botswana issued a statement of support for its delegation on the ground. However, two of the three members of the current Sadc troika, the presidents of Tanzania and Namibia, congratulated Mnangagwa on his election victory without any reference to the concerns raised by the Sadc observers. And with South Africa’s President Cyril Ramaphosa also offering congratulations to Mnangagwa on his victory, Sadc is primed to resume business as usual, notwithstanding the Sadc delegation’s criticism of the process. Given the prevailing circumstances, the critiques of Zimbabwe’s 2023 elections by international observers were well-warranted and demonstrate the limits of a concerted government strategy to influence the assessment of international organisations. International observers, by referencing recognised regional and international standards and their respective guidelines, stayed well within their lane and reinforced their value. What’s next? Looking to the future, organisations that deploy international observers  should reflect upon the proper responses to government delays in accrediting observers and efforts to undermine their work. One option is for observer organisations to issue periodic assessments addressing key elements of pre-election activities so as to encourage shifts in policy or practice that would enhance the credibility of the process. A second option is for organisations to refuse a government invitation that comes late in the process or to scale down the scope of a mission where appropriate guarantees regarding the selection and accreditation of observers and their freedom of movement are not forthcoming. The Zimbabwe 2023 election saga is not yet complete. While Mnangagwa’s vote percentage,  as reported by Zec,  increased slightly from 50.8% in 2018 to 52.6% in this year’s elections, overall turnout decreased from 85% to 68% likely reflecting either growing apathy among voters or a successful voter-suppression operation, or both. The lack of an independent parallel vote tabulation obviously complicates the task of validating the Zec-announced vote count, and Chamisa has denounced the released results as reflecting “a blatant and gigantic fraud.” But the opposition has not decided whether to challenge the election results before Zimbabwe’s Constitutional Court, which they view as captured by the ruling party, or to rely on sustained international pressure to deny the ruling party electoral legitimacy. The reported results reinforce evidence of the polarization that exists within Zimbabwe and the deep distrust between the major parties. The Sadc delegation’s critical assessment of the election process provides an opportunity for the organization to buck tradition and act as a credible mediator in helping Zimbabwe address the major political and economic challenges the country faces. The dispatch of an Sadc team of elders to Zimbabwe could reflect an interest in Sadc serving in this capacity. But such a shift in orientation would require Sadc’s political echelon to engage Zimbabwe’s principal political actors in a manner that does not bestow electoral legitimacy on the announced winner of a process that the organization’s observers have assessed as severely flawed. That seems unlikely, given the congratulatory messages, but the Sadc observer delegation certainly delivered a surprise; perhaps its political leaders could muster the courage to do the same. — Just Security. *About the writer: Larry Garber is an independent consultant with more than 35 years of experience working on issues relating to international development, democratic elections, and human rights. The views expressed are his own and do not necessarily reflect those of any organization with which he has been affiliated. The Big Debate Page 33 SADC Observer Mission head Dr Nevers Mumba Zimbabwe’s troubled election: will southern African leaders follow the example of their observers? NewsHawks Issue 146, 1 September 2023

Page 34 Reframing Issues NewsHawks Issue 146, 1 September 2023 Book Excerpt from: In Search of the Elusive Zimbabwean Dream, Volume III (Ideas & Solutions) Author: Professor Arthur G.O. Mutambara AS a World Economic Forum (WEF) Young Global Leader, and now as Deputy Prime Minister of Zimbabwe, I have been to China more than six times. On every occasion, I am overly impressed. There is either a new industrial complex or another major infrastructural project just completed. The Chinese are on the move. On 10 September 2009, in my capacity as Deputy Prime Minister of Zimbabwe, I meet Chinese Premier Wen Jiabao in Dalian on the sidelines of the World Economic Forum Annual Meeting of New Champions 2009. This WEF meeting is also known as the Summer Davos. In our bilateral discussions, we cover a broad range of issues. Given China’s sensitivity over Taiwan, as a starting point in any diplomatic engagement, one must state that: “We, as Zimbabwe, believe in the One China Policy.” With that eloquently out of the way, among other issues, I articulate our national aspirations and ambitions as follows: “As Zimbabwe, we are inspired by the Chinese economic model and example. We want to learn from you and then develop our own different but equally successful model — an efficient and democratic developmental state. In particular, we aspire to achieve rapid industrialisation by moving up global value chains. More specifically, we are no longer interested in exporting raw materials. Before any external trade, we want to effect beneficiation and value addition of all our natural resources and agricultural produce. This is the only context in which we want to engage China and the world. We seek to pursue a technology-driven economic strategy and infrastructure master plan. In this endeavour, we want to promote technology transfer and financial investments from China. All these activities we intend to pursue in a win-win framework. The Government of National Unity in Zimbabwe is a unique opportunity for the country to put economics before politics and develop a shared national vision, craft a national economic strategy, and fashion a competitive brand for the country. We seek lessons and partnerships from China on this unique journey. The Chinese people have been our all-weather friends from the liberation struggle against European colonialism and imperialism. We thank China for offering support and help to our national development over the years. As the situation in Zimbabwe stabilises, we welcome China to participate in our economic reconstruction actively. Indeed, as I have already indicated, Zimbabwe hopes to enhance cooperation with China in areas such as trade, investment, agriculture and infrastructure. However, all these activities must be carried out within the context of our uncompromisable commitment to moving up global value chains – strict adherence to local beneficiation and value addition. China must partner with us to make value-added refined products in Zimbabwe. All exports of our raw materials to China must stop. Of course, politically, as an inclusive unity government, we intend to bury the perennial challenges of disputed elections by collectively crafting a new national constitution and implementing comprehensive electoral and political reforms, thus facilitating free, fair, credible and transparent elections in Zimbabwe.” (1 September 2023 comment: Clearly and evidently, we failed dismally and miserably on this national ambition. Shame on us!) In his remarks to me, Premier Wen Jiabao intimates that peace and stability in Zimbabwe not only benefit the Zimbabwean people but are conducive to China-Zimbabwe relations. He indicates that he appreciates that Zimbabwe’s unity government attaches importance to developing ties with China. He emphasises that China supports Zimbabwe’s efforts to revitalise and build its economy and is ready to enhance cooperation with African nations to overcome any current challenges. Wen Jiabao is as sharp as a whip. He is globally respected across the world. During World Economic Forum (WEF) events, when he is the key speaker, Western leaders such as Nicolas Sarkozy, David Cameroon, Tony Blair, George W. Bush and Barack Obama rush into the venue to grab front seats and eat right from the Chinese supremo’s hand. They attentively absorb every word from the master. Wen Jiabao is a superstar leader — a rock star to the mediocre leaders from Europe and the United States. As I write these memoirs in 2023, I cannot help but notice with utter dismay how the China strategy for Zimbabwe that I articulated to Wen Jiabao on 10 September 2009 has been completely disregarded by the mandarins in Harare. They have done the opposite. They have mortgaged the country’s natural resources to the Chinese for a song. No beneficiation. No quantification of unmined assets. No technology transfer. No national economic vision. No national economic strategy. Nothing. It is just shameless looting by a few, while the Chinese have a free hand to do as they please. Of course, I don’t blame the Africa nations must have new strategic approach to China Inside Galaxy SOHO complex

NewsHawks Reframing Issues Page 35 Issue 146, 1 September 2023 Chinese for taking advantage of the clueless, directionless and incompetent kleptocracy presided over by Emmerson Mnangagwa. The Chinese are not Father Christmas. They are businesspeople looking after their national and commercial interests. Africans must wise up, define their aspirations and then protect and advance these in all dealings with the Chinese or any external player for that matter. In September 2010, I am back in China to attend the UNCTAD World Investment Forum held in Xiamen, China. I am heading the Zimbabwean delegation as Deputy Prime Minister. The official opening is on 7 September 2010. The Forum is attended by more than 1 800 participants from 120 countries and 16 international organisations. Amongst the participants are nine Heads of State, four leaders of international organisations, 79 ministerial-level officials, 116 senior business executives, and more than 250 other senior representatives from the public and private sectors. These include heads of investment promotion agencies, academics, and others. Chinese Vice President Xi Jinping (now the current Chinese President) officially opens the gathering. The Forum has eight high-level events and conferences, which bring together stakeholders from all angles of the investment community. These include policymakers, investors, negotiators, practitioners, investment promotion officials, solicitors, senior counsels, and academic experts. Furthermore, there are representatives of civil society, as well as stock exchange executives and regulators, portfolio investors and sovereign debt managers. The Forum’s primary objective is to understand better the development challenges and opportunities that the post-2009 economic crisis investment landscape entails. This mandate is broadly achieved. The gathering also provides inputs into the formulation of a new generation of national and international investment policies. Of prime importance and focus is the fostering of sustainable development in pursuit of the achievement of the MDGs in the new phase of globalisation. As in 2009, the Zimbabwean delegation is afforded an opportunity to meet with Vice President Xi Jinping and his colleagues. On my team, I have Deputy Minister of Industry Mike Bimha and Zimbabwe’s Ambassador to China, Frederick Shava, among other colleagues. As in the 2009 bilateral meeting with Premier Wen Jiabao, I articulate a clear trajectory away from traditional China-Africa trade relations. I emphasise the importance of local beneficiation and value addition of all African natural resources and agricultural produce; a technology-driven economic strategy; rapid industrialisation and infrastructure development; and technology transfer from China to Africa. An additional aspect that I proffer is the importance of scale — numbers. It is more beneficial for China and Africa if the economic engagement with China is structured and implemented at regional and continental levels and not national ones. SADC, ECOWAS or EAC engaging with China and the AU being the prime forum to deal with China – should be the only platforms for economic cooperation with China. There should be no bilateral deals between any one African country and China. All engagements with China should be at the regional or continental level. Period. Needless to say, in 2023, 13 years later, there are no takers for this different approach to China. African countries are falling over each other to strike bilateral deals with China, getting short-changed in the process. Again, I don’t blame China for taking advantage of and exploiting the foolish and unstrategic Africans. We must restate without equivocation or ambiguity: As they come to Africa, the Chinese are not running a notfor-profit philanthropic enterprise. They are ruthless business folks. If you blink, you get shafted. The African must put on his or her thinking cap. From the 2010 meeting with Vice President Xi Jinping (now the current Chinese President), it is clear that able and competent technocrats are steering the Chinese state. In Xi’s case, he is a Chemical Engineer with a near-photographic memory. The Chinese President himself, Hu Jintao, is an Electrical Engineer. In fact, the Standing Committee of the Chinese Politburo is dominated by engineers, economists and other business, finance and technology experts. Fast forward to 2023, Xi Jinping has been the Chinese President for a while, and again, he is surrounded by engineers (including Aerospace and Artificial Intelligence specialists) and other technocrats. Compare this with the corrupt, incompetent, unskilled and unsophisticated mediocrity – the riff-raff that dominates African Cabinets across the continent. It is shameful. Indeed, it is not surprising that the fortunes of the African continent remain dire. Africans must have a new strategic approach to China. They must also embrace some of the key drivers of the Chinese success story: Competent, non-corrupt technocratic leadership; Scale and impact through leveraging a large population; Innovative technology deployment; Long-term strategic thinking and planning; Putting a premium on implementation and execution; And the primacy of massive infrastructural development. *About the writer: Prof. Arthur G.O. Mutambara is the Director and Full Professor of the Institute for the Future of Knowledge (IFK) at the University of Johannesburg in South Africa. This is an excerpt from the book: In Search of the Elusive Zimbabwean Dream, Volume III (Ideas & Solutions), By Prof Arthur G.O. Mutambara.

DARON ACEMOGLU The Brics group's planned enlargement is a missed opportunity. The world does not need more countries to fall under Chinese and Russian influence, or to align against the United States; rather, it needs a genuinely independent third grouping that can provide emerging economies a counterweight against both camps. AT first blush, it may seem like good news that the Brics (Brazil, Russia, India, China, and South Africa) group will  expand  to include Saudi Arabia, Iran, the United Arab Emirates, Ethiopia, Egypt, and Argentina. An 11-strong Brics+ could be more representative of the world’s emerging economies, providing a useful counterweight against American hegemony. Yet, in many ways, the announced enlargement represents a major lost opportunity. The world does not need more countries to fall under Chinese and Russian influence, or to align against the United States; rather, it needs a genuinely independent third grouping to provide a counterweight against both the China-Russia axis and US power. Because the enlargement includes only countries that already have friendly relations with China, Brics+ is poised to be merely another tool of Chinese diplomacy. Rather than representing the interests of emerging economies, it will allow for greater Chinese involvement in them. Most likely, this will come at the expense of their workers and people, because Chinese foreign investors tend to tolerate – or even encourage – corruption, reduced transparency, and  wasteful megaprojects  financed with loans that cannot be easily restructured. Moreover, adding Saudi Arabia, Ethiopia, Egypt, Iran, and the UAE will turn the Brics into even more of an “anti-democratic” club. Yet among the institutions that emerging economies most need to ensure their future economic and social success, democracy is high on the list. My own  work  with Suresh Naidu, Pascual Restrepo, and  James Robinson  finds that democratization, historically, has equipped countries to achieve faster economic growth within 5-10 years, reflecting increased investments in education, health, and other public services. By contrast, Chinese engagement tends to  hamper democratization  and even  foment authoritarianism. With many emerging economies facing a “democracy crisis,” and with a growing number of countries experiencing  weakening democratic institutions, the new Brics+ threatens to pour fuel on the fire. Now that the Sino-American rivalry is intensifying – and potentially reshaping the world order – emerging economies increasingly need their own independent voice. After all, their interests are unlikely to be well served by worsening US-China relations and a reduction in their bilateral trade and financial flows. Equally, emerging economies need to be able to influence the future of artificial intelligence and other rapidly evolving digital technologies. Even if the current enthusiasm around generative AI tools (such as ChatGPT)  turns out to be mostly hype, rapid advances in AI and other communication technologies are still likely in the near term, and these will affect all countries, remaking the global division of labor. These technologies could have major  negative implications for workers, especially in the emerging world, where countries such as India are already exporting various white-collar services. Ultimately, both white-collar and blue-collar workers everywhere may end up competing not against expensive, highly educated labor in rich countries, but against AI-powered advanced software, machinery, and robotics. The same technologies are also likely to restructure politics in many countries, as AI-powered social media and misinformation (including deep fakes and other manipulative technologies) increasingly influence public opinion and electoral politics. Most developing and emerging economies do not have the supporting institutions needed to regulate and create guardrails against such disruptions. Moreover, new technologies are giving governments unprecedentedly  powerful tools  for surveilling their populations and suppressing dissent. Authoritarian regimes are already sharing technologies and techniques with each other. Recent research shows that Chinese surveillance technologies are  rapidly being exported to other non-democratic countries, with Huawei alone  exporting  such goods to 50 countries. As matters stand, the future of technology is being shaped largely by Chinese authorities, US tech giants (with a limited degree of regulatory scrutiny), and – increasingly – European Union rules. None of these poles reflects the interests of the emerging world, and neither will Brics+, which will most likely do China’s bidding. Fortunately, China’s own narrow selection of new members may have created an opening for a promising alternative to Brics+ to emerge. Other major emerging economies – such as Indonesia, Turkey, Mexico, Colombia, Malaysia, Nigeria, Bangladesh, and Kenya – could form a truly independent bloc, with the hope of ultimately attracting Argentina, Brazil, India, and South Africa to join them. Though each of these countries has had its own problems with democratic processes lately, their experience with democracy, together with their economic size, gives them common ground. Even more to the point, they could collectively declare independence from both China and the US, giving the wider emerging world a sorely needed voice in debates about the future of globalization and technology. Such choices are far too important to be left to today’s geopolitical rivals. — Project Syndicate. *About the writer: Daron Acemoglu, Institute Professor of Economics at Massachusetts Institute of Technology in the United States, is a co-author (with James A. Robinson)  of  Why Nations Fail: The Origins of Power, Prosperity and Poverty  (Profile, 2019)  and a co-author  (with Simon Johnson) of Power and Progress: Our Thousand-Year Struggle Over Technology and Prosperity (PublicAffairs, 2023). Page 36 Reframing Issues NewsHawks Issue 146, 1 September 2023 Wrong Brics expansion Members of the major emerging national economies group BRICS, with, from left, Prime Minister Narendra Modi, China's president Xi Jinping, South African president Cyril Ramaphosa, Russia's president Vladimir Putin, and Brazil's former president Michel Temer at the BRICS summit in 2021.

NewsHawks Reframing Issues Page 37 Issue 146, 1 September 2023 DIANA HØJLUND MADSEN/ SHINGIRAI MTERO ZIMBABWE’S   2023 harmonised elections  have largely been depicted as a battle between the two “Big Men” – President  Emmerson Mnangagwa of the ruling Zanu PF and Nelson Chamisa of the leading opposition party, the Citizens' Coalition for Change (CCC). Significant media attention focused on the  uneven playing field between the ruling party and the opposition. The election results announced on the 26 August are  being disputed  due to  reports  of delayed voting, voter intimidation and ballot paper irregularities. Mnangagwa has been announced as the official winner of the presidential poll, but the CCC has  rejected these results. Another concern distinct to this election was the stark decline in the number of women candidates nominated by the main political parties for direct election. We are working on a three year research  project  with a focus on the representation of women in politics in Ghana, Kenya and Zimbabwe as well as gendered electoral violence. This project seeks to explore barriers to women’s participation in politics in Africa and pathways forward, initially researched in the book Gendered Institutions and Women’s Political Representation in Africa. Zimbabwe ranks low in measures of gender parity in southern Africa. South Africa, Namibia and Mozambique boast  46%, 44% and 42% women’s participation in parliament, respectively. Zimbabwe’s political parties need to field more women for direct election, outside the confines of the quota, in order to reach gender parity. Gender quota Zimbabwe’s  constitution in 2013  introduced a gender quota to ensure the equitable representation of women in parliament. Zimbabwe’s parliament is composed of a National Assembly (lower house) and a Senate (upper house). The  quota requires  that the lower house reserve 60 of its 270 seats (22%) for women representatives. The upper house is to appoint 60 of its 80 senators from a list that alternates between female and male candidates, called the “zebra-list”. The purpose of the quota is to push the country towards gender parity – 50/50 female/male representation – as directed by the  2003 Maputo Protocol  and the Southern African Development Community’s 2008 Protocol on Gender and Development. However, women’s representation in Zimbabwe’s parliament has declined since 2013, in spite of the quota. In 2013 women made up 33% of the National Assembly and 48% of the Senate. Only 12% of these women were elected directly. In  2018  the numbers in the National Assembly and Senate fell to 31% and 44%, respectively. There was a significant decline in the number of women nominated to contest the 2023 elections. Only 68 (11%) of 633 aspiring parliamentarians for direct election were women. In spite of these challenges, 23 women were elected into parliament (against 26 in 2013 and 25 in  2018). The 23 newly elected women will be added to the 60 women appointed through the quota, making a total of 83, or 30.7% representation of women, in the lower house. After the appointment of senators, as stipulated by the constitution, the number of women in the full parliament will increase. Though commendable, this still places Zimbabwe below average within the region. These gains may fail to go beyond the 31% representation achieved in 2018. The women in the National Assembly will still be less than 50% of parliamentarians and have limited decision making powers. Moreover, there is little indication of the substantive impact these women will have to empower Zimbabwean women, considering their limited numbers. The country’s record of democratic deficits is another important challenge. The newly elected women MPs may have limited room for manoeuvre to promote gender equality in this political context. But they are still important as decision makers, legislators and role models for other women to enter politics. Looking beyond the quota A gendered audit of the published list of nominated candidates  for direct elections reveals that Zimbabwe’s political parties did not field enough women to reach gender parity in 2023. Data shows that 633 registered candidates contested 210 seats through direct election. Of these candidates only 68 were women. That is, only 11% of aspiring parliamentarians for direct election were women. Of these 68, Zanu-PF fielded 23 women (34%), the CCC fielded 20 (29%), and the remaining 25 women were from small minority parties (27%) and independent candidates (10%). Harare and Bulawayo provinces nominated the highest number of women candidates for election. In Mashonaland Central only one woman was nominated across 18 constituencies. Only two women were nominated in Matabeleland South across 12 constituencies. It is important to ask why political parties are not fielding more women for direct election. And what this means for the future of representative politics in Zimbabwe. Gender bias within political parties The data above indicates a bias against woman candidates that permeates across political parties. Apart from the women nominated through the obligations of the quota, neither the CCC nor Zanu PF fielded enough women to make gender parity a reality in the 2023 elections. The active exclusion of women from politics is driven by gendered prejudices. These are informed by social, cultural and religious beliefs  rooted in patriarchal values  that view women as inherently weak and untrustworthy. The  threat and use of violence against women candidates continues to be used to coerce and discourage women from contesting elections. As argued by Zimbabwean scholars  Sandra Bhatasara and Manase Chiweshe, patriarchy, intertwined with the increase in militarised masculinities, is producing exclusion with limited spaces for women’s participation. A negative perception is also linked to “quota women” as they were not elected by “the people”. These women are often subjected to elite patriarchal bargaining. They primarily serve the needs of their party, rather than representing Zimbabwean women. Gatekeeping The presence of a gender quota system provides a facade of progress. This conceals the stark reality that neither the CCC nor Zanu PF is committed to increasing women’s representation outside the confines of the quota. Political parties function as “election gatekeepers”. They determine the level of women’s inclusion in representative politics, outside the quota system. The number of women elected indicates that, unlike in past elections, Zimbabweans seem more willing to vote for women representatives. Political parties should build on these small gains and nominate more women for elections. This will allow the country to move closer to the goals of gender parity, gender equality and democratic plurality. — The Conversation. *About the writers: Diana Højlund Madsen is senior gender researcher at the Nordic Africa Institute, Uppsala, Sweden, The Nordic Africa Institute. Shingirai Mtero is a post-doctoral researcher at The Nordic Africa Institute. Zimbabwe’s election was a fight between men: Women are sidelined in politics despite quotas Linda Musarira

Page 38 Reframing Issues World News NewsHawks Issue 146, 1 September 2023 THE THE Special Investigation The forgotten scandal - still no forensic audit into Command Agriculture BREZH MALABA IN his first post-election speech at State House in Harare on 27 August after winning shambolic polls which were roundly condemned by local and international election observers, President-elect Emmerson Mnangagwa stated the most important priority of his second term in ofice: “the consolidation of food security”. He could have said his uppermost concern is infrastructure development, mining, health or education. Instead, he chose food security—and it would be dificult for any level-headed analyst to pour scorn on his choice. But the problem with Mnangagwa’s food security rhetoric is that he continues burying his head in the sand. He has failed to tackle the single biggest impediment to sustainable food security: murky dealings in agriculture involving wellconnected businesspeople and political elites. Mnangagwa’s Zanu PF government has thwarted all efforts to investigate Command Agriculture, even after the AuditorGeneral said billions of US dollars are still unaccounted for. Opposition legislators in the outgoing Parliament repeatedly demanded a forensic audit, but the ruling party used its majority to frustrate any oficial probe. In the 23 August 2023 sham election, Zanu PF clinched yet another parliamentary majority. The stark reality now is that Command Agriculture may never be properly investigated. Food security series If an oficial forensic audit were conducted, it would shed light on many issues, including the construction of a palatial mansion in Harare

NewsHawks Reframing Issues Page 39 Issue 146, 1 September 2023 THE The bleeding continues Rampant looting under the controversial Command Agriculture programme—with a parliamentary committee reporting that it saddled Zimbabwean taxpayers with a US$1.6 billion debt—is continuing, even after the name of the scheme was changed by the government to deflect public scrutiny. High loan delinquency by beneficiaries of government-guaranteed agricultural loans is the latest scandal, marking a continuation of the shoddy management of public finances. The government changed Command Agriculture’s name to National Enhanced Agriculture Productivity Scheme (Neaps) and announced that agricultural financing was now being handled by the banking sector with efiect from the 2019 farming season. But the bleeding continues unabated, with Treasury issuing bank loan credit guarantees which have ramped up the taxpayers’ exposure to defaulting farmers. As our investigation shows, Command Agriculture has been a scandalous use of public funds, with no tangible benefit to the nation, while the financing cartels have pocketed hefty profits. The scheme has been characterised by a lack of fiscal prudence and a distortion of farmers’ access to credit. Far from shoring up food security and macro-economic resilience, it has accentuated the country’s vulnerabilities to hunger, poverty and the climate crisis. Funding under the re-named Command Agriculture (Neaps) is handled by CBZ Bank and the AFC (formerly Agribank). These two financial institutions lend to farmers under government guarantee. A Public Debt Statement presented to Parliament by Finance minister Mthuli Ncube in November 2021 shows that farmers are defaulting on their loans (see Table 1 below). The debts will ultimately be inherited by taxpayers. Another Public Debt Statement, this time released by Ncube in July 2023, shows that farmers are still defaulting (Table 2). The taxpayer is in trouble. Of the ZW$76.8 million disbursed to farmers under the CBZ Agroyield scheme for the 2020 winter maize cropping season, only ZW$0.44 million was recovered, representing a 0.6% recovery rate. Of the ZW$21.7 billion disbursed to farmers by the same bank for the 2020-2021 summer maize cropping season, only ZW$4.8 billion has been recovered, representing a 22% recovery rate. Of the ZW$1.5 billion disbursed by the same bank for the financing of the 2020-2021 soya beans summer cropping season, only ZW$0.199 million has been recovered, representing a 13.29% recovery rate. Table 1: The poor performance status of guarantees issued in 2020, as at 11 November 2021. Table 2: Farmers continue defaulting on their government-guaranteed loans.

Page 40 Reframing Issues World News NewsHawks Issue 146, 1 September 2023 THE Murky dealings In 2019, the Auditor-General’s report revealed that the government had failed to properly account for US$3 billion in public funds, some of which were allocated to Command Agriculture. The report highlighted several instances of financial mismanagement, including the awarding of contracts without competitive bidding and the use of public funds for purposes other than those intended. Legislators have repeatedly demanded a forensic audit into Command Agriculture, but none has been conducted. As a result, the exact amount of money swallowed by the sinkhole is unknown. In this new investigation, we reveal for the first time and in the public interest how the Command Agriculture term sheets were structured, exposing the defective contractual agreements between Treasury and private companies which have added to Zimbabwe’s ever-worsening debt burden, now oficially at US$18 billion as at December 2022, up from US$17.2 billion in the prior year. Sustainable food security elusive Food production in Zimbabwe is largely rain dependent, meaning extreme hunger is often just one drought away. For instance, while the rain was generally normal in the 2022 summer cropping season, in the forthcoming season from October 2023 to March 2024 it is forecast to be lower due to the El Niño phenomenon. Despite pumping billions of US dollars into agricultural development, why has Zimbabwe suffered food deficits over the years, with half the southern African country’s population living in extreme poverty during the Covid-19 pandemic? In this investigation, we will show that the endemic hunger is not the result of bad fortune but the logical outcome of the nexus between corrupt political leaders who control the public purse and their corporate cronies. Before the year 2000, Zimbabwe was known for attaining food self-suficiency, gaining a reputation as a net exporter of the paramount staple maize. But in recent years the southern African country has become known as a basket case, with the World Bank reporting in 2021 that 7.9 million Zimbabweans—half the nation’s entire population—lived in extreme poverty amid endemic hunger and malnutrition.

NewsHawks Reframing Issues Page 41 Issue 146, 1 September 2023 THE National humiliation On 8 June 2022, Zimbabwe’s fall from grace was dramatically amplified through a letter written by Malawian opposition leader Khondwani Nankhumwa to that country’s President Lazarus Chakwera. Nankhumwa asked the president to urgently intervene and block Malawi’s planned export of 100 000 metric tonnes of maize to Zimbabwe. In that letter, the opposition politician argued that Malawi was facing its own food shortage and had no business selling maize to Zimbabwe. The letter triggered a great deal of soul searching in Zimbabwe, with stunned citizens forlornly debating the country’s utter humiliation. How the mighty had fallen! One of Africa’s former net exporters of food was now grovelling for a meal from a country considered one of the poorest in the world. At independence from British settler colonialism in 1980, Zimbabwe boasted the second most sophisticated economy in sub-Saharan Africa, after South Africa. In recent years it has struggled to feed itself. There are various factors for this. The first one is the rampant collusion between political leaders who control the public purse and their corporate cronies. The Zimbabwean government says it has made food security a top priority and is committed to building an US$8.2 billion agricultural sector contributing 20% of gross domestic product by 2025. But is this achievable? Narrating the never-ending menace posed by hunger, the elderly lady says she lives with her brother who works as a security guard. On his meagre wage, they cannot afiord a decent diet and often go to bed hungry. “What else can I do? What will we eat? The only way to survive is to come here and pick this discarded grain,” she adds, swiftly returning to her crouching position, as if racing against time. A poverty-stricken senior citizen scavenging for discarded grain in the vicinity of the Concession GMB depot—a facility equipped with some of the largest silos in Zimbabwe—is hardly the assuring image of food self-suffciency the nation`s leaders have been at pains to portray. The grotesque irony: Gogo Billiart is donning a Zanu PF wrapping cloth. The ruling party`s campaign regalia is dished out to the masses at election rallies. Hunger is real On 29 April 2023 in the Concession area, a farming community located in Mashonaland Central`s famous grain belt, our news crew came face-to-face with the stark contrast between President Emmerson Mnangagwa`s repeated assertions that Zimbabwe has defeated hunger and the lived reality of people on the ground. National food security as defined by politicians does not always translate to food security at household level. In the backdrop of gloriously temperate early-winter weather and clear blue skies, we witnessed the soulcrushing spectacle of a senior citizen, Miriam Billiart (89), crouched near the Grain Marketing Board (GMB) depot, scavenging for morsels of maize grain falling ofi haulage trucks. “Life is tough. If I stop picking up this discarded grain, I could starve. I come here every day to pick up the maize, carefully separating it from soil. We then process it into mealie-meal,” she tells us, before heaving a deep sigh of exasperation. Billliart`s experience is a reminder that Zimbabwe`s food security situation remains delicate, despite the good harvests recorded in the 2022-2023 summer farming season on the back of relatively favourable rains Miriam Billiart (89) scavenges for grain dropping ofi haulage trucks near the Grain Marketing Board’s depot in Concession, Mashonaland Central province. Pictures: Brezh Malaba.

Page 42 Reframing Issues World News NewsHawks Issue 146, 1 September 2023 THE She is not the only one reeling under economic hardships. Near the depot entrance is a scrum of a dozen men who fiercely jostle whenever a haulage truck approaches the locality. They are paid a measly US$2 each to load a massive truck. It is back-breaking work, but they reckon this is better than starving at home. “Sometimes we go the entire day without seeing a truck that needs loading or ofioading. So when a truck arrives, we have no choice but to accept the US$2 payment. If you complain about the amount, they simply tell you to step back and allow others to do the work,” says a man who refuses to be named. On 29 April 2023 in the Concession area, a farming community located in Mashonaland Central`s famous grain belt, our news crew came face-to-face with the stark contrast between President Emmerson Mnangagwa`s repeated assertions that Zimbabwe has defeated hunger and the lived reality of people on the ground. National food security as defined by politicians does not always translate to food security at household level. In the backdrop of gloriously temperate early-winter weather and clear blue skies, we witnessed the soulcrushing spectacle of a senior citizen, Miriam Billiart (89), crouched near the Grain Marketing Board (GMB) depot, scavenging for morsels of maize grain falling off haulage trucks. “Life is tough. If I stop picking up this discarded grain, I could starve. I come here every day to pick up the maize, carefully separating it from soil. We then process it into mealie-meal,” she tells us, before heaving a deep sigh of exasperation. Billliart`s experience is a reminder that Zimbabwe`s food security situation remains delicate, despite the good harvests recorded in the 2022-2023 summer farming season on the back of relatively favourable rains. Narrating the never-ending menace posed by hunger, the elderly lady says she lives with her brother who works as a security guard. On his meagre wage, they cannot afford a decent diet and often go to bed hungry. “What else can I do? What will we eat? The only way to survive is to come here and pick this discarded grain,” she adds, swiftly returning to her crouching position, as if racing against time. A poverty-stricken senior citizen scavenging for discarded grain in the vicinity of the Concession GMB depot—a facility equipped with some of the largest silos in Zimbabwe— is hardly the assuring image of food self-sufflciency the nation`s leaders have been at pains to portray. The grotesque irony: Gogo Billiart is donning a Zanu PF wrapping cloth. The ruling party`s campaign regalia is dished out to the masses at election rallies. She is not the only one reeling under economic hardships. Near the depot entrance is a scrum of a dozen men who fiercely jostle whenever a haulage truck approaches the locality. They are paid a measly US$2 each to load a massive truck. It is back-breaking work, but they reckon this is better than starving at home. “Sometimes we go the entire day without seeing a truck that needs loading or ofioading. So when a truck arrives, we have no choice but to accept the US$2 payment. If you complain about the amount, they simply tell you to step back and allow others to do the work,” says a man who refuses to be named. Struggle for survival…The ever-looming shadow of hunger is stalking many Zimbabweans, including Miriam Billiart (above). The government may claim that Zimbabwe has attained national food security, but the hunger at household level is dire.

NewsHawks Africa News Page 43 Issue 146, 1 September 2023 THE What is Command Agriculture? Command Agriculture is a Zimbabwean government initiative launched in 2016 to boost the country’s agricultural production and food security. The programme was aimed at increasing agricultural output by supporting farmers with inputs, equipment and technical assistance, with the goal of achieving self-suficiency in food production and reducing the country’s reliance on grain imports. Maize is Zimbabwe’s main staple and 2.2 million metric tonnes are needed every year, on average, to meet the demand for human consumption and stockfeed. Under the programme, the government provided farmers with various forms of support, including seed, fertilizer and other agricultural inputs, as well as technical advice on crop management and marketing. Farmers who participated in the programme were expected to deliver an agreed quota of their output to the government, which would be used to replenish Zimbabwe’s strategic grain reserve. No transparency and accountability From 2016 to 2019, Sakunda Holdings, owned by Zimbabwe presidential adviser and tycoon Kudakwashe Tagwirei, was paid US$1.3 billion by the government. This amount was broken down as follows: In the period from October 2016 to April 2018, Sakunda received US$230 167 457 in cash and US$775 851 713 in Treasury Bills. The US$230 million cash was money diverted from a National Oil Company of Zimbabwe (Noczim) Debt Redemption Fund, a purse financed through a levy on motorists. The fund was supposed to be ring-fenced and would have been enough to pay off the parastatal’s legacy debts. Instead, the government diverted money from the Debt Redemption Fund to other expenses. Auditor-General Mildred Chiri in her 2015 report found that the government was raiding the fund in violation of the purse’s specific purpose. In June 2017, the then Finance minister, Patrick Chinamasa, admitted that Command Agriculture was being partly funded through the Noczim Debt Redemption Fund. This was patently unlawful. Parliament—which has a constitutional obligation to monitor and scrutinise the use of public funds in terms of the Public Finance Management Act [Chapter 22:19] and sections 117 and 119 of the constitution of Zimbabwe—was kept in the dark on how the debt redemption purse was diverted. Public financial management law—central to the country’s economic governance—spells out a set of rules, systems and processes used by the government in mobilising revenue, allocating public funds and undertaking public spending, as well as accounting for funds and audit results. Revealed: opaque contracts Our investigation can exclusively reveal—for the first time since the Command Agriculture programme began—how the term sheets were structured. A term sheet is a document outlining the material terms and conditions of a business agreement. We are publishing, for the first time, a term sheet dated 9 March 2018 (pictured below) signed between the then Finance minister Chinamasa and Sakunda Holdings chief executive oficer Tagwirei. The government was the borrower while Sakunda was the lender. Under this particular loan agreement, the borrower was to issue zero-coupon Treasury Bills in advance as security, for US$212 239 560, being 60% of the loan amount. This means the total loan was US$353 732 600. The interest rate was set at 4% per annum, paid annually in tranches of actual agricultural inputs disbursed. The 4% interest, in the context of Command Agriculture, appears to have been par for the course. Sakunda Holdings chief operating oficer Mberikwazo Charles Chitambo told the parliamentary Public Accounts Committee: “We agreed with the ministry of Finance what our money would cost to the ministry of Finance, which was about 4% to 4.5%.” Chitambo said 4% was actually a bargain, considering that some suppliers under the programme were charging the government up to 12%. Another notable feature of the term sheet is the 1% “upfront facility fee” demanded by Sakunda, which was to be paid upfront by way of bank transfer or Treasury Bills as decided by the borrower. Curiously, despite the fact that there was no open tendering under Command Agriculture as Sakunda and other companies were handpicked, the term sheet’s procurement clause ironically reads: “The procurement process should follow the procurement laws of Zimbabwe.” In the implementation of Command Agriculture, the risks to the state and ultimately the taxpayer were huge: there was potential conflict of interest, lack of checks and balances and no competitive bidding. It is astonishing how the financier (for instance Sakunda) was responsible for the procurement of all inputs; the risk of over-pricing was massive.

Page 44 World News Africa News NewsHawks Issue 146, 1 September 2023 THE

NewsHawks Africa News Page 45 Issue 146, 1 September 2023 THE Violation of public procurement law Sakunda Holdings and other beneficiaries of Command Agriculture were handpicked. There was no competitive bidding, in violation of public procurement law. The company’s chief operating oficer, Mberikwazvo Charles Chitambo, told the parliamentary Public Accounts Committee that there was never an open tender (our investigation scrutinises this in detail, further on). He said the ministry of Finance justified this by claiming that there was “cabinet authority” for this method, obviating the requirement for an open tender. In political systems, any cabinet authority which circumvents the law, for whatever reason, can be used as an instrument of high-level corruption. Competitive bidding is meant to enable the government to get the best price and contract terms in any deal that involves public spending. Handpicking companies and individuals in the absence of competitive bidding is tantamount to favouring a chosen few with preferential treatment and access to resources at the expense of others. The Public Procurement and Disposal of Public Assets Act [Chapter 22:23] of 2017, which controls and regulates public procurement in Zimbabwe, stipulates that public procurement must be effected “in a manner that is transparent, fair, honest, cost-effective and competitive”. This investigation by The NewsHawks has established that Command Agriculture failed to comply with all the five stipulations. The objectives of the Procurement Act—designed to safeguard the public purse in the national interest—are spelt out as follows: (a) to ensure that procurement is effected in a manner that is transparent, fair, honest, cost-effective and competitive; and (b) to promote competition among bidders; and (c) to provide for the fair and equitable treatment of all bidders, leading to procurement contracts that represent good value for money; and (d to promote the integrity of, and fairness and public confidence in, procurement processes; and (e) to secure the implementation of any environmental, social, economic and other policy that is authorised or required by any law to be taken into account by a procuring entity in procurement proceedings. Failure to deliver results Command Agriculture has not been as successful as it was intended to be, with many farmers failing to deliver on their quotas and a lack of transparency in the programme’s impact on agricultural output. As a result, hunger in Zimbabwe has escalated during and even after the programme, with the country relying on food imports and foreign aid. Oficial numbers from the Zimbabwe National Statistics Agency show that US$111.3 million was spent by the government on maize imports in 2021. Farmers under the scheme defaulted alarmingly, prompting a knee-jerk reaction from the government: the promulgation of Statutory Instrument (SI) 79 of 2017 and Statutory Instrument 247 of 2018. After the Parliamentary Legal Committee (PLC) issued an adverse report on SI 79 of 2017, the panicky government issued yet another regulation (SI 247 of 2018) in a desperate bid to cure the mischief arising from the looting of Command Agriculture inputs and the side-marketing of produce. But the horses had bolted. The threadbare contracts between the government and the farmers betrayed not only a scandalously inept state bureaucracy but also the machinations of public leaders who had firmly placed themselves at the feeding trough while milking Command Agriculture for partisan political gain.

Page 46 World News Africa News NewsHawks Issue 146, 1 September 2023 THE The PLC—which was chaired by lawyer and Zanu PF legislator Jonathan Samukange—went on to issue an adverse report on SI 247 of 2018 [Agricultural Marketing Authority Regulations (Command Agriculture Scheme for Domestic Crop, Livestock and Fisheries Production), 2018]. The report is telling. The statutory instrument sought to criminalise the breach of civil contract if a farmer misappropriated agricultural inputs or misused the produce. The PLC condemned the criminalisation of what were essentially civil contracts. “Criminalisation of breach of contracts is not an option to the strengthening of debt recovery of laws for speedy recovery of loans in cases of breach of contract or default in repayment of the loan. It is the committee’s view that Command Agriculture is a government scheme which provides access of inputs by the farmers. The government scheme is governed by a civil contract between the government and the farmer just like any civil contract regulated by the law of contract, thus there is no need to create a criminal ofience under a statute where it is already provided for in terms of a contract.” The PLC argued that any attempt by the government to criminalise farmers’ breach of contract under Command Agriculture would be unconstitutional. “Statutory Instrument 247 of 2018 seeks to protect the scheme through criminalising the misappropriation of agricultural inputs and contract produce through criminal punishment. This not only contravenes section 49(2) of the constitution which provides that ‘no person may be imprisoned on the grounds of inability to fulfil a contractual obligation’…Conclusively, Statutory Instrument 247 of 218 undermines a constitutionally entrenched right that is founded on fairness and justice for all.” As a result, farmers have continued defaulting on their loan repayments. ‘Value for money’ scandal One of the principles of public procurement is the “value for money” proposition: the achievement of a desired procurement outcome at the best possible price. Under Command Agriculture, the contracted companies went on to sub-contract a whole chain of suppliers. In some cases, these sub-contractors also had their own sub-contractors. In that sense, Sakunda Holdings, for instance, became the middleman of middlemen. This convoluted web meant that the government did not always get the best value for money—because every supplier in the transaction chain was driven by the profit motive. When each middleman’s profit margin was factored in, the prices of agricultural inputs are inflated. By procuring agricultural inputs via a web of middlemen, the government failed in its constitutional obligation to exercise financial prudence. This shady procurement approach did not ofier the best value for money. In this investigation, The NewsHawks acquired exclusive customs data on seed, fertiliser and pesticide imports by companies under Command Agriculture. We narrowed down the statistics from 4 December 2016 to 17 May 2018. At one point, Sakunda’s web of sub-contractors included the following suppliers: For seed: Seed Co; K2; Agriseeds; Arda Seeds; Mukushi Seeds; Pannar Seed; Monsanto, and Pioneer Seeds. For fertiliser: FSG; ZFC; Sable Chemicals; Omnia; PHI; ETG; Windmill; UralChem, and United Fertiliser Company. For pesticides: Acol; Fossil; ConQuip; CP Chemicals; ZFC, and Agricura. In that period, Sakunda imported fertiliser worth just US$10.5 million [US$10 490 641.41], according to the customs data we collated in the investigation. The sum total of inputs by all Command Agriculture contractors, our data analysis shows, is US$800m. Although it is not easy to establish the exact quantities of inputs Sakunda and other suppliers may have further bought from local Zimbabwean companies, this quantum of imported fertiliser (at US$10.5m) clearly provides a useful indication of Sakunda’s status as a glorified middleman. Harare legislator Allan Markham was fully justified in querying the government’s decision to engage middlemen to supply inputs. Sakunda fertiliser imports Sakunda fertiliser imports a drop in the ocean

NewsHawks Africa News Page 47 Issue 146, 1 September 2023 THE Cloak of secrecy The exact amount of money stolen or lost due to corruption in Command Agriculture is not publicly known, and estimates vary widely. There have been several reports of financial irregularities and mismanagement in the implementation of the programme, and allegations of corruption involving oficials and private entities. In 2019, the Auditor-General’s report revealed that the government had failed to properly account for US$3 billion in public funds, some of which were allocated to Command Agriculture. The report highlighted several instances of financial mismanagement, including the awarding of contracts without competitive bidding and the use of public funds for purposes other than those intended. In addition, there have been numerous reports of individual cases of corruption involving Command Agriculture, including allegations of farmers and oficials selling inputs and equipment meant for the programme for personal gain. While the full extent of the financial losses or stolen funds associated with Command Agriculture is not known, the program has faced significant criticism for its lack of transparency and accountability, which has contributed to concerns about corruption and financial mismanagement. Sakunda Holdings was involved in the implementation of Command Agriculture as a key contractor. The company was responsible for supplying fuel and other inputs to farmers participating in the programme, as well as for managing logistics and distribution. Under Command Agriculture, Sakunda was awarded a contract to supply fuel to farmers participating in the programme, with the government providing a guarantee for the payment of the fuel. The company also reportedly provided loans to farmers, which were guaranteed by the government. Sakunda’s involvement in Command Agriculture has been the subject of controversy, amid indications that the company benefited disproportionately from the programme and that its role was not subjected to proper oversight and scrutiny. However, supporters of the scheme have argued that Sakunda’s involvement was necessary to ensure the success of the programme and that the company played a critical role in providing inputs and support to farmers. A vehicle of state capture Former Finance minister Tendai Biti (pictured) told our investigators that Command Agriculture had been used as a vehicle for corrupt activities and financial mismanagement. “Command Agriculture is just a vehicle of capture which the Zanu PF heavyweights used to loot resources. Command Agriculture is circled by vultures, vultures that include the suppliers of the inputs who, without any accountability, without any yardstick of measure or of comparison, can charge whatever they want. In particular Kuda Tagwirei’s Sakunda and in particular [Steve] Morland’s FSG.” Former Finance minister and ex-chairperson of Parliament’s Public Accounts Committee, Tendai Biti, says Command Agriculture was a looting scheme. Picture: Brezh Malaba.

Page 48 World News Africa News NewsHawks Issue 146, 1 September 2023 THE Fuelling public debt Zimbabwe is in debt distress, with the total debt stock soaring to US$18 billion as of December 2022, up from US$17.2bn in the prior year. It is useful to mention that these are only oficial figures and the real debt could be much higher. The country’s debt burden has become unsustainable, forcing the government to appoint former Mozambican president Joaquim Chissano to facilitate the country’s debt resolution dialogue. African Development Bank president Akinwumi Adesina was appointed champion of the debt resolution agenda. The debts contracted by the government tend to be odious, benefitting a few people at the expense of the citizenry. The government has inherited many of the debts without fully disclosing the individuals and companies responsible, placing the burden on the shoulders of taxpayers. The recovery rate for on-lent loans and guarantees issued for agricultural support is very low. Politically exposed persons who perennially benefit from government schemes have developed a habit of not paying back their loans. They received expensive agricultural equipment under the Farm Mechanisation Programme, but did not bother to pay back. As a result, in 2015 the government assumed a US$1.5 billion debt which was part of the non-performing loans to politically connected individuals who received loans under the US$200 million Farm Mechanisation Programme. The taxpayer must ultimately foot the bill. This is not the only agriculture-related debt. In 2019, the government agreed on contingent liabilities of US$3.5 billion as compensation owed to former commercial farmers who were affected by the fast-track land redistribution programme at the turn of the millennium. The International Monetary Fund says Command Agriculture—renamed National Enhanced Agriculture Productivity Scheme (Neaps)—is fraught with risks and also lacks transparency. “Although the input financing under the Command Agriculture Programme was transferred to the banking system under a risk-sharing arrangement, risks to the [national] budget remain as the government provides an 80% credit default guarantee,” the IMF noted. Biti described Finance minister Mthuli Ncube’s claim that Command Agriculture (Neaps) is now run by commercial banks as an act of deception. “Mthuli is being dishonest; he says Command Agriculture has been parcelled out to private banks. That’s not true. Treasury is paying CBZ. CBZ is just an agent; that’s state money. They think they’re fooling Zimbabweans.” Parliament’s Public Accounts Committee estimates that Command Agriculture has saddled the government with a debt of nearly US$1.6 billion—although this is a grossly understated figure, in view of the vast amounts expended on the controversial programme.

NewsHawks Africa News Page 49 Issue 146, 1 September 2023 THE How I got involved in Command Agriculture Tagwirei rarely reveals details of his relations with the political elites. On 13 November 2022, during the 26th graduation ceremony at the Seventh-Day Adventist Church-run Solusi University, Zimbabweans were afiorded a rare glimpse into the oligarch’s dealings. Addressing the graduands as a guest of honour, Tagwirei was anxious to explain that his business success was the outcome of toil and not political proximity to President Mnangagwa. He painted the picture of a self-made millionaire. The businessman’s disclosures—in an energised speech at Solusi University’s Beit Hall—largely went unreported. “Most of you do not know. You think that Sakunda started three months ago or two years ago when President Mnangagwa became President. In 2003 that’s when we started Sakunda. In fact, in 2001 actually, that’s when we started Sakunda. Now 21 years old. Do you know we started with a seed of [US$] 7 500? Within the third month, we chose to sell our house so that we can build a business. And within the first year we were selling 500 000 litres a month. While others were buying houses and cars, we were building our business. 10 years on, we were the largest company in Zimbabwe. And when we became the largest company in Zimbabwe selling fuel—about 70% of the market—that’s when everybody started to see, and when the Adventists saw Sakunda they said ‘ah which politician is in this?’ Because you look at the result, not the journey. That’s what you look at. That’s what you look at. You don’t see my 10 years that I actually sold my house in Westgate, 142 Wattle Road, that I built from ‘98. It took me two years. I sold it for £21 000, which was enough to do two tankers of fuel. That is where my dream started. Are you following? That was the seed that was placed in me. And I built it to the company. I never bought a house for myself until 2010 because I was building the business.” Tagwirei narrated how he ended up supplying farming inputs under the government’s Command Agriculture programme. Curiously, he said that in 2014 he was aboard an aircraft bound for Equatorial Guinea while “on a government assignment”. “As I was going to Equatorial Guinea, the man that I was with began to tell me about the economy, about the drought that was coming...which was El Niño. In a week, I came back and, when I came back, I started sitting down and planning this strategy. “I called my friends and we sat up to 4am. ‘Guys, there’s a drought that is coming’. And I did a project proposal for contract farming, which you now call Command Agriculture. And I had a problem because there was what is called the RTGS at that time and there was no money which was moving out of the country, so I had this problem. But at the same time there was a bigger problem for the country. I gave them the proposal in 2015. The government took one year thinking about it, and when they were thinking about it, they got ofiers from other people to do the same programme. My interest rate was the lowest, it was 4%. When we started the programme, no-one thought that it was going to succeed, and no-one talked about it. When it was successful—in 2016 and going into 2017—the US agricultural department wrote that Zimbabwe is doing one of the best things in Command Agriculture. The US government, when they then began to think who I was supporting, that I was supporting the government of the day, they then said ‘you stole 3 billion’, and I was placed on sanctions. Are you following? So, this is what we were trying to do—to try and make the land become successful. Now, class of 2022, you’re going to meet challenges along the way, you’re going to meet them. When you have a vision, do not stop. Work and look for it. And there is going to be an American government-kind-of-situation which is going to come to you and say ‘you can’t succeed’. And when they see you succeeding, they’re going to put sanctions on your life. Because we always have sanctions that come around us in one way or the other: sometimes it’s our families, sometimes it’s our friends that tell us that we can’t make it, and then they put spanners in the works. They’re putting sanctions on you soon.” Dissecting Tagwirei’s disclosures Tagwirei’s speech at the graduation ceremony confirms the following: • There was no public procurement tender • Sakunda leveraged on his high-level political links • Tagwirei believes he is a victim of political persecution by the United States government.

Page 50 World News Africa News NewsHawks Issue 146, 1 September 2023 THE Was there a tender for Command Agriculture? During a public hearing on 16 March 2020, Mberikwazvo Charles Chitambo, chief operations oficer of Sakunda Holdings, was asked by the then chairperson of Parliament’s Public Accounts Committee, Tendai Biti, whether the company tendered for the Command Agriculture contract. His reply was telling: “We were asked to submit a statement and when the advice came back to us there was a statement that there’s a cabinet authority to do what we are doing. So, we did not tender. We put in an answer to provide a financing facility—the response to which was: you have cabinet authority to go ahead.” The company was handpicked outside public procurement regulations to supply farming inputs under Command Agriculture. There was no competitive bidding and the government did not conduct due diligence. This was in brazen violation of the law. Testifying under oath, Chitambo revealed in his oral evidence the scandalous claim by government oficials that Command Agriculture contracts were facilitated by “cabinet authority”. This “cabinet authority” therefore meant that the deals were not subjected to open tendering processes. Command Agriculture was not the first deal Tagwirei clinched from the government without open tendering. He was also handpicked for the Dema Emergency Power Plant—mired in brazen corruption—whose cost escalated alarmingly from US$249m to US$498m within three years. Unauthorised expenditure In 2019, the Auditor-General and the Parliament’s Public Accounts Committee revealed that the government had gobbled up huge amounts of money in unlawful expenditure. Financial sector implications During the Command Agriculture period, government borrowings increased by a massive US$9.6 billion, while private sector credit shrank to US$400 million. The programme had serious ramifications for the financial sector. Capital was diverted from the private sector to Command Agriculture. In a broader sense, Zimbabwe’s entire agriculture value chain was thrown into disarray. Economist Tinashe Murapata commented: “Sakunda went further to take over the full value chain in agriculture. A value chain existed before Sakunda. But Sakunda replaced it with its own preferred firms and associates. Through Command, Sakunda operations became bigger than the entire turnover of ZSE [Zimbabwe Stock Exchange] firms combined!” The ministry of Finance published a Financial Adjustments Bill on 12 November 2019 seeking condonation for the unauthorised expenditure. The massive figures in the Bill stunned the public: a cumulative US$9.7bn from 2015 to 2018. By comparison, the total budget amount appropriated for 2019 was only US$6.9bn. Between 2015 and 2018, the ministry of Agriculture clocked up unauthorised expenditure totalling US$5.2 billion. Shockingly, the Finance minister was now seeking condonation for this unlawful expenditure years later—yet section 307 of the constitution stipulates that the Treasury chief must seek condonation “no later than sixty days after the extent of the unauthorised expenditure has been established”. Chapter 17 of the constitution states that Parliament is responsible for deciding how much money the government is able to spend and what it can spend on. But even after clocking up US$9.7bn in unauthorised expenditure (US$5.2bn on agriculture alone) and seeking condonation from the National Assembly, the Finance minister did not find it necessary to provide detailed information in the 2019 Financial Adjustments Bill on what exactly the money was spent on. Four years later, that 2019 Bill is yet to be passed, in scandalous disregard for all constitutional stipulations. This flagrant violation of the constitutional tenets of transparency and accountability facilitated the looting of public funds via Command Agriculture and other conduits. No public oficial has been brought to justice for this catastrophic failure in Zimbabwe’s public financial management system. The impunity did not end there. In 2022, Finance minister Mthuli Ncube tabled yet another Financial Adjustments Bill, seeking condonation for a total US$200 million in unauthorised expenditure accumulated in 2019 and 2020. Again, he did not bother to explain to Parliament exactly how the money was spent.