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Published by newshawks2021, 2023-05-21 08:43:25

NewsHawks 19 May 2023

NewsHawks 19 May 2023

Price US$1 Friday 19 May 2023 NEWS Rostec pulled out of Darwendale project, only to clinch 'copter deal Story on Page 4 NEWS Fadzayi Mahere’s eloquent Geneva presentation rattles Zanu PF WHAT’S Story on Page 11 INSIDE SPORT When a giant falls, entire nation feels the pinch Story on Page 62 ALSO INSIDE Why is Chokuda still on duty despite computer scandal? Mnangagwa in spotlight over NSSA corruption


Page 2 News NewsHawks Issue 132, 19 May 2023 OWEN GAGARE THE National Social Security Authority (Nssa) has presented its forensic audit which unearths corruption and names individuals implicated in the pensions fund's latest scandals to the Office of the President and Cabinet, setting the stage for President Emmerson Mnangagwa to act, if he will at all. Nssa is a US$1.2 billion statutory pension fund. It has 109 properties across the country. The current Nssa forensic audit was done by  AMG Global Chartered Accountants (Zimbabwe). It focuses on a wide scope of corruption issues, ranging from corporate governance, abuse of office and power, and self-aggrandisement at the expense of struggling poor pensioners. Some of the critical issues involved include fraudulent property deals and acquisitions, abuse of office and duty, company vehicles, foreign trips and holiday allowances. Nssa board members last year reportedly flew to Kenya — paying themselves huge allowances — for a week-long training workshop that could have been held locally to save money as pensioners continue to receive peanuts and wallow in poverty. However, the elephant in the room is Public Service minister Paul Mavima's US$400 000 Borrowdale house scandal which is part of the audit report, further providing evidence to a story first written by The NewsHawks. The house involved is Stand No. 218 Lot A1 in Quinnington. There is also the Kariba property scandal emanating from another fraudulent transaction by Nssa involving a commercial property in Kariba valued at US$220 000. The property was bought for US$215 000 after negotiations, but US$244 000 was paid. In fact, US$240 000 was paid after charges. This means US$25 000 was siphoned.  At one point, Nssa officials claimed it was valued at US$360 000. When other costs were added, the price went up to US$252 631.59. Since Nssa usually pays round figures, US$300 000 was paid. The balance was purportedly directed to its investment account. Nssa investments director Brian Murewa is on the run over those issues. He has escaped to South Africa. The minister's scandal has cast doubts about Mnangagwa's seriousness in fighting corruption. In the aftermath of Al Jazeera’s Gold Mafia investigative documentary which implicated Mnangagwa together with his key aides and business cronies, the Nssa corruption issue puts the President into a new spotlight over his now increasingly discredited anti-corruption drive. Mnangagwa's critics say he should now admit — today, not tomorrow — that his so-called war on corruption is evidently not serious and hypocritical; a waste of people's time and taxpayers' funds. As a result of his own involvement in some cases of corruption such as Gold Mafia and his ministers' cases such as Mavima's,  critics say right away the President ought to end his anti-corruption charade and now focus on other things which he can do better. State agencies such as the police, the Zimbabwe Anti-Corruption Commission and other constitutional bodies have failed to rise to the occasion to investigate high-level corruption. Nssa, constituted and established in terms of the Nssa Act of 1989, [Chapter 17: 04], is the statutory corporate body tasked by the government to provide social security. The Act empowers the minister of Public Service, Labour and Social Welfare to establish social security schemes for the provision of benefits to all employees. Nssa is mandated to administer every scheme and fund that is established in terms of this Act, and to advise the minister on all matters on the operations of the schemes and on matters relating to social security generally. While Nssa is governed by the Nssa Act, two schemes under its administration have their own legislation. Current schemes are governed through Statutory Instrument 68 of 1990 which established the Accident Prevention and Workers' Compensation Scheme and Statutory Instrument 393 of 1993 for the Pension and Other Benefits Scheme (POBS). The POBS is scheme a partially funded by a pay-as-you-go defined benefit (PAYG DB) scheme. Both schemes are mandatory. Nssa also administers the Factories and Works Act Chapter 14:08 and Pneumoconiosis Act 15:08 which deal with occupational safety and health in the workplace. Nssa has two key subsidiaries: The National Building Society, a result of investment through the National Pensions Scheme Fund and Workers' Compensation Insurance Fund. It also has numerous financial investments. Nssa has been in turmoil since last year when it was investigated by the Zacc and other arms of the state. AMG did the forensic audit, now with Mnangagwa's office. Its general manager Arthur Manase is on suspension over corruption-related issues involving cars, a house loan and allowances. There is also the issue a Borrowdale house — No.49A Borrowdale Road, Harare — that was renovated for Manase and housing loans and allowances. Manase denies the corruption charges and claims to have been exonerated by Zacc. He is also suing various media organisations over the issue, but insiders say he still has cases to answer and the audit does proves that. Manase's other issue specifically involves two cars: a Mercedes-Benz E53 AMG bought for him for US$178 000 and a Land Rover Defender for US$175 000. Insiders say the Benz was converted to a personal loan in a bid to regularise an unprocedural and corrupt arrangement over condition-of-service vehicles. Nssa  assistant accountant Erasmus Mavondo was arrested last year and appeared in court on allegations of corruptly awarding Manase a personal loan to buy a  top-of-the-range car using an undervalued exchange rate. Mavondo allegedly helped Manase to buy the Benz for ZW$25 351 418.60 instead of ZW$60 251 593.80, which was equivalent to US$178 000. The money was purportedly given to Manase as a personal loan to regularise a  problematic company-cars deal in which he ended up with two condition-of-service vehicles instead of one. In so doing, Mavondo allegedly prejudiced Nssa of ZW$34 900 175 after converting the US$178 000 using a 31 March 2022 rate of US$1: ZW$142 instead of US$1: ZW$138 as of 21 June 2022. Since Manase's suspension in July last year, Charles Shava has been acting general manager. Shava, who is the substantive director of occupational safety and health, was also arrested over a doctors' allowances scheme involving $12 246 571.48. Shava's lawyers said that was part of Mavima's backlash against those who are seen as exposing his corrupt house deal and Nssa interference. Mavima tried to replace Shava with Agnes Masiiwa, the director of contributions, collections and compliance, but was blocked by Vice-President Constantino Chiwenga when he was Acting President in January. Masiiwa’s appointment was officially done by Nssa board chairperson Percy Toriro with Mavima’s approval. Toriro has since resigned and replaced by Emmanuel Fundira. Amid upheavals at Nssa, several executives and managers were shifted and some removed as those in charge sought to assert control amid corruption allegations. Others became collateral damage, like David Makwara, the corporate affairs director, suspended over a loan issue, but who claims to be a victim of the situation. Makwara has been in and out of Nssa as a result. Fundira says  officials implicated in the Nssa audit report will be suspended and face the full wrath of the law. The report has already been presented to be released to the Office of the President and Cabinet, setting the stage for action, that is if the authorities — some of them compromised — act at all. However, Fundira has his work cut out for him, just like Mnangagwa. The Mavima matter is a test case for him. Nssa has been rocked by a series of corruption scandals in recent years, including the current one. Mnangagwa in spotlight over the massive Nssa corruption  This house — No.49A Borrowdale Road, Harare — was renovated for the NSSA General Manager.


NewsHawks News Page 3 Issue 132, 19 May 2023 OWEN GAGARE ZIMBABWE, which is under United States sanctions, has received 18 helicopters from a sanctioned Russian state entity, Rostec, for air medical services, law enforcement, as well as search-andrescue operations, but aviation experts immediately raised concern whether the country will be able to get service kits given that the hardware is powered by an engine made by one of America's biggest defence companies. Rostec is also sanctioned by Canada, the European Union, Australia, New Zealand, Switzerland, and the United Kingdom. President Emmerson Mnangagwa received the Kazan Ansat helicopters — the first of a fleet of 32 — at Robert Mugabe International Airport on Wednesday. The helicopters are powered by engines from Pratt & Whitney Canada, an entity which is part of Raytheon, one of the biggest US defence companies. It is a world leader in the design, manufacture and service of aircraft and helicopter engines, and auxiliary power units. The company has 16 000 customers on its books and its engines are operating in more than 200 countries and territories. The US Department of the Treasury’s Office of Foreign Assets Control (Ofac) on 28 June 2022 designated 70 entities, many of which are critical to the Russian Federation’s defence industrial base, including Rostec, considered the cornerstone of Russia’s defence, industrial, technology and manufacturing sectors. Ofac introduced the measures in the wake of Russia’s invasion of Ukraine in on 24 February 2022. “We once again reaffirm our commitment to working alongside our partners and allies to impose additional severe sanctions in response to Russia’s war against Ukraine,” said secretary of the Treasury Janet Yellen as she announced the sanctions. “Broad multilateral commitments and actions by G7 members this week further cut off the Russian Federation’s access to technology that is critical to their military. Targeting Russia’s defense industry will degrade Putin’s capabilities and further impede his war against Ukraine, which has already been plagued by poor morale, broken supply chains, and logistical failures.” The measures were taken in tandem with the US Department of State, which imposed sanctions on an additional 45 entities and 29 individuals. Rostec is a massive state-owned enterprise formed to consolidate Russia’s technological, aerospace, and military-industrial expertise. It is a holding company whose subsidiaries are engaged in a wide range of industries, including automotive, defence, aviation, and metals. In addition to leading Russia’s domestic defence production, Rostec also facilitates foreign trade in defense and related materiel as well as civilian and dual-purpose products. Rostec’s management umbrella includes more than 800 entities across a wide range of sectors. All entities owned 50% or more, directly or indirectly, by Rostec are affected by the measures. Some of the 18 helicopters purchased by the Zimbabwean government from Russsia on Thursday. The helicopters are part of the government's public private partnership with the Russian Federation. Six of the helicopters are for air policing and 12 others for air search and rescue in cases of natural disasters such as cyclones, which will be the first in Zimbabwe enabled through a private-public partnership arrangement with Russian firm, Russian State Corporation (Rostec). — Picture: Aaron Ufumeli Company profile . . . RUSSIAN State Corporation (Rostec) is a stateowned enterprise formed to consolidate Russia’s technological, aerospace, and military-industrial expertise. The firm, which is under United States sanctions, is a holding company whose subsidiaries are engaged in a wide range of industries, including automotive, defense, aviation, and metals. The company is also Russia’s defence-industrial base. In addition to leading Russia’s domestic defense production, Rostec also facilitates foreign trade in defense and related materiel as well as civilian and dual-purpose products. Rostec’s management umbrella includes more than 800 entities across a wide range of sectors. The company is one of the 70 entities placed under the sanctions by the US Department of the Treasury’s Office of Foreign Assets Control (Ofac) for developing and deploying weapons and technology used for Vladimir Putin’s brutal war of aggression against Ukraine. Rostec was designated for operating or having operated in the defence and related materiel sector of the Russian Federation economy. As a result, all entities owned 50% or more, directly or indirectly, by Rostec are blocked, even if not identified by Ofac. The company is also sanctioned by Australia, Canada, the European Union (EU), New Zealand, Switzerland, and the United Kingdom (UK). Rostec helicopter deal in crosshairs of US sanctions


Page 4 News NATHAN GUMA AFTER pulling out of the much-hyped US$3 billion Darwendale platinum mining deal in Zimbabwe two years ago, Rostec, a Russian state-owned conglomerate, has chosen a low-hanging fruit — the supply of equipment to Zimbabwe. Rostec is a massive Russian state-owned enterprise formed to consolidate the nation’s technological, aerospace, and military-industrial expertise. It is also a holding company whose subsidiaries are engaged in a wide range of industries, including automotive, defence, aviation, and metals. This week, the company delivered 18 of the 32 Kazan Ansat helicopters, which President Emmerson Mnangagwa says will be used for ambulance, disaster management, policing and wildlife protection duties. President Emmerson Mnangagwa said he personally sourced the helicopters from Russia’s Vladimir Putin. In 2014, Rostec together with Vi Holding and Vneshekonombank formed a consortium that sought to invest in developing the Darwendale platinum field in Zimbabwe with the Zimbabwean military. However, the Great Dyke Investments (GDI) project in Darwendale, 65 kilometres west of Harare, which has the potential to become one of the world’s biggest platinum mines with capacity to resuscitate Zimbabwe’s economy, has been in limbo. As previously reported by The NewsHawks, the Russians pulled out of the 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. The other 50% is owned by Landela Mining Venture linked to local tycoon Kudakwashe Tagwirei who is closely associated with Mnangagwa and his family. Kuvimba Mining House’s shareholding is largely unknown, with 65% owned by government and 35% by ghost shareholders. The company now controls 50% of GDI. Tagwirei was last year placed on additional US sanctions by Washington's Office of Foreign Assets Control (Ofac), together with his wife Sandra Mpunga, Nqobile Magwizi, Fossil Agro, Fossil Contracting, and Obey Chimuka. Tagwirei was first sanctioned in 2020 over corruption allegations. Initially, the platinum project was owned by a consortium of Zimbabwean investors operating under the name Pen East, 30% controlled by the military’s Old Stone Investments and 20% by the state-owned Zimbabwe Mining Development Corporation (ZMDC), before Tagwirei bought that 50% stake, and Russian investors, including VI Holdings, Rostec and Vnesheconombank. South Africa’s Impala Platinum, which owns Zimplats, the country’s biggest platinum project, was approached to buy a stake in GDI. However, the move failed due to GDI’s opaque shareholding structure, especially regarding Kuvimba. Landela paid US$21.5 million for a stake in GDI. The deal was not transparent. The project was commissioned by the late former president Robert Mugabe in September 2014 in a high-level ceremony also attended by visiting Russian Foreign minister Sergei Lavrov. Located on the mineral-rich Great Dyke belt, it is one of the biggest Platinum Group Metals deposits in the world. A bankable feasibility study undertaken in 2017 by African Export-Import Bank showed the project had a potential to contribute Zimbabwe’s economic turnaround. Peak production of the mine was expected to be 860 000 ounces per annum, translating to almost US$1 billion. The 6 500-hectare mine life expectancy is 40 years. GDI initially said the mine would be developed in three phases, with the first running from 2014 to 2017, entailing exploration, infrastructure development and commissioning of mining facilities. The second phase from 2018 to 2021 was expected to include establishment of a new mine and expansion of concentration capacity to produce 530 000 oz of platinum per year. The third and full development phase would run from 2022 to 2024, and see the expansion of platinum production to 800 000 oz per year. The cost of mining and establishment of a smelter was estimated at US$3 billion, but would rise to US$4.8 billion after the setting up of a refinery between 2022 and 2024. Finance minister Mthuli Ncube awarded GDI a special mining lease under which a range of taxes will not have to be paid for five years due to its political connections. By the end of 2021, the Russians had started to strategically pull out of the mine site. The GDI project was expected to create at least 8 000 high-skill jobs at its peak, producing four million tonnes of ore per annum. According to GDI vice-chair Igor Higer, that would amount to 860 000 oz per year, with an average annual revenue above US$350 million starting from next year onwards. The project has a long history. In 2006, retired colonel Tshinga Dube, who was then head of Zimbabwe Defence Industries, set up a joint venture, Ruschrome Mining, with the help of a Russian corporation, Russian Centre For Business Cooperation. The signing of the agreement was witnessed by the Zimbabwe Defence Forces' legal director and the Russian embassy’s defence adviser. The company would subsequently inherit a Zimplats claim surrendered in 2006 as part of the government’s indigenisation programme, although it is not clear whether the army paid anything for the claims. After Mnangagwa seized power through a coup in November 2017, the project got renewed attention from his government. In January 2019, Mnangagwa visited Russia to revive the stalled project. However, his visit to Russia and the return trip by Lavrov in March 2018 did not yield immediate results until the October 2019 Russia-Africa Summit. Rostec delivered 18 of the 32 Kazan Ansat helicopters this week, which President Emmerson Mnangagwa (left) says will be used for ambulance, disaster management, policing and wildlife protection duties. Rostec pulled out of Darwendale project, only to seal corrupt deal NewsHawks Issue 132, 19 May 2023


NewsHawks News Page 5 Issue 132, 19 May 2023 BRENNA MATENDERE PARLIAMENT’S Public Accounts Committee (PAC) has vowed to challenge Speaker Jacob Mudenda's gag order on parliamentary investigations of individuals and entities exposed in Al Jazeera’s Gold Mafia documentary over alleged gold smuggling and money laundering activities. All the individuals who were implicated in the exposé are connected to President Emmerson Mnangagwa one way or another. PAC had requested Mudenda to authorise it to investigate Al Jazeera’s revelations just as it has done on several other cases of corruption. However, in a statement addressed to chairpersons of the Public Accounts Committee and Budget, Finance and Economic Development, Brian Dube and Mathew Nyashanu, respectively, Mudenda ordered the two panels to leave the investigations to the Zimbabwe Anti-Corruption Commission and the police. Mudenda said in reaching his decision he was guided by the stance taken by the South African government which has similarly deferred a probe into its citizens implicated in the Al Jazeera documentary to specialised agencies. In an interview with The NewsHawks, PAC deputy chairperson Edwin Mushoriwa said the committee will not accept Mudenda's gag order without a fight. He said the order violated the principle of oversight which empowers Parliament to scrutinise public matters in the national interest. "PAC resolved that the chairman formally writes a letter to the Speaker expressing our discomfort in the directive and that we will not as Parliament be silenced on our key oversight responsibility," said the Dzivaresekwa MP. Mushoriwa further revealed that PAC had arranged to commence its hearings this week. PAC wants to meet people implicated in the documentary as well as leaders of entities exposed for aiding gold smuggling and money laundering. He revealed that letters summoning the individuals and entities to appear before PAC were dispatched before Mudenda's gag order. "We were supposed to start hearings on Thursday (yesterday) and we had summoned RBZ, ministry of Finance, Fidelity Printers, Caaz (Civil Aviation Authority of Zimbabwe), ministry of Mines, plus all individuals mentioned in the Al Jazeera documentary. Sadly, the Speaker has stopped us," he said. In his infamous gag order letter, Mudenda wrote: “I wish to state from the outset that the matter is serious and of national importance. However, it is pertinent to note that the Zimbabwe Anti-Corruption Commission and the RBZ have already started processes to investigate the matter. “In that vein, it would be improper for Parliament to embark on an inquiry on a matter that other arms of the State are investigating." He also claimed that the revelations in the Al Jazeera documentary were of a complex nature and may require extraterritorial visits due to the alleged involvement of foreign players. “In that regard, it is prudent to leave the investigations to specialised agencies like Zacc, and the Police are better placed to investigate matters. “Parliament will continue to monitor the investigations and will carry out its oversight role when the specialised agencies have completed their investigation. “In addition, the Portfolio Committee on Mines and Mining Development conducted an inquiry into Illicit Financial flows in the Mining Sector in the course of last year,” he added. There has already been public outrage over the revelations of the Qatar-based international news network. The four-part documentary titled Gold Mafia was filmed by Al Jazeera’s Investigative Unit (I-Unit), based on discreet undercover investigations by its reporters spanning three continents and dozens of classified documents. It exposed how huge amounts of gold are smuggled from Zimbabwe, Africa’s sixth-largest gold producer, to Dubai in the United Arab Emirates, aiding money laundering through an intricate web of shell companies, fake invoices and paid-off officials. Uebert Angel, Presidential Envoy and Ambassador-At-Large to Europe and the Americas since March 2021, was secretly filmed bragging that he could move US$1.2billion easily using his diplomatic bag. Other individuals filmed or named in the documentary include Mnanngagwa's niece and Zimbabwe Miners' Federation president Henrietta Rushwaya as well as Kamlesh Pattni, a businessman previously involved in a gold smuggling scandal in Kenya. Ewan MacMillan, another Mnangagwa associate, also appeared in the documentary saying he smuggles 200 kilogrammes of gold a month with Mnangagwa’s protection. President Mnangagwa’s wife Auxilia was phoned by Angel to discuss whether the First Family’s aeroplane would be used to bring in the US$1.2 billion. Auxillia referred Angel to the President. The RBZ has already shown its unwillingness to investigate the culprits after it unfroze accounts of the gold mafia after freezing them last month over revelations of money laundering exposed in the documentary. Speaker of Parliament Jacob Mudenda PAC deputy chairperson Edwin Mushoriwa Gold Mafia gag: PAC to confront Parly Speaker


Page 6 News NATHAN GUMA CITIZENS' Coalition for Change (CCC) legislator for Kuwadzana East Chalton Hwende has challenged the Speaker of Parliament to explain why underfire Clerk of Parliament Kennedy Chokuda is still coming to work despite his involvement in a shady computer procurement tender. Chokuda was arrested by the Zimbabwe Anti-Corruption Commission (Zacc) in April over a corruption scandal in which he bungled the infamous deal for the purchase of 173 laptops at an inflated cost of US$3 076 each from Blinart Investments, sparking a public outcry. He was charged for criminal abuse of office and acting contrary to and inconsistent with his duties as a public officer by negotiating a price reduction of the computers with a company which had put forward its bid. The state said Chokuda should have followed section 52 of the Public Procurement Regulatory Authority (Praz) Act which stipulates the conduct of an accounting officer in a case where the price of the lowest evaluated responsive bidder exceeds the budget. Chokuda and Parliament procurement director Stanley Bhebhe were granted ZW$100 000 bail and will appear in court on 31 May. This week in Parliament, Hwende questioned why no action has been taken on Chokuda, saying this brings Parliament into disrepute. Parliament’s integrity has already been tainted, with Speaker of Parliament Jacob Mudenda stopping the National Assembly from investigating the findings of the Gold Mafia documentary by international news channel Al Jazeera. The scandal exposed how well-knit syndicates — all linked to Mnangagwa, have been involved in money laundering and gold smuggling with government collusion. “We have seen that the Clerk, Mr Chokuda, someone who is facing corruption charges after the laptop issue, is still part of your procession and is the one who is taking lead to advise you on an issue of such importance that involves corruption that has never been witnessed in this country. “We want an explanation also on why Mr Chokuda is still coming to Parliament because he is bringing this institution of Parliament into serious disrepute. You cannot face serious charges of wanting to buy a laptop for US$9 000 and still come to Parliament and advise our Speaker. Those two matters, Madam Speaker, I am sure you are capable of ruling so that we can proceed. “The other one (inquiry on Mudenda’s ruling), we will wait for the Speaker because we had come here today prepared for him, but we can wait for him but on those two, please can you help us with a ruling,” Hwende said. In response, Gezi said she could not give a ruling with the Zimbabwe Anti-Corruption Commission (Zacc) still investigating Chokuda. “Honourable Hwende, I think on that one you are a bit out of order . . . I told you that I am not able to rule on the second issue. On Mr Chokuda’s issue, I am sure you know that he was taken by Zacc and Zacc is still doing some investigations. So, if it is before the courts, we cannot talk about it in this House. You know very well that we cannot talk about it in this House,” Gezi said. Hwende said by coming to work, Chokuda was interfering with Zacc investigations by interacting with people involved in the case. “His case has passed the Zacc stage. Mr Chokuda appeared in court and he was given bail. If he appeared in court and the case is still before the courts, we cannot discuss about it in this House please. Why is he coming to work interacting with the same worker that he is supposed to be investigated for? He is interfering with investigations and today he is helping you to stop Gold Mafia investigation. “I have two issues that I have requested you to make a ruling on. As Parliament, we have a right not to be given advice by someone who is facing serious corruption charges and these charges happened here in Parliament. The same workers that were procuring the laptops are still here. Why is he coming to work facing corruption charges?” Hwende asked, with the Deputy Speaker signaling him to sit down. Norton legislator Temba Mliswa questioned why a report on Chokuda’s inquiry has not yet been tabled for debate in the National Assembly. “On the Clerk’s issue, we did an enquiry. Why is the report not being tabled in Parliament on the recommendations? We must be very clear now that it is Zacc that determines whether he is given bail or not and Parliament does not control the processes of the court. “We tabled a report. You must be asking where the report is. The chairman must table the report, we debate and there are recommendations. He sits in the Committee of Public Accounts. Why has the chairman not tabled the report then we can debate it? It has recommendations. Let us follow procedure and not just be emotional. “We are waiting for the report to be tabled in Parliament so that everybody can contribute, but if the report is not there, let us not get excited. The Public Accounts Committee must table the report so that it is debated and there are recommendations we came up with. You are seasoned politicians, do not behave like kindergarten politicians,” Mliswa said. ‘Why is Clerk still on duty despite computer scandal?’ Clerk of Parliament Kennedy Chokuda Kuwadzana East MP Chalton Hwende NewsHawks Issue 132, 19 May 2023


News Page 7 BRENNA MATENDERE THE status of Mana Pools National Park as a United Nations Educational, Scientific and Cultural Organisation (Unesco)-designated World Heritage Site is under threat if the Zimbabwean government approves an application by a local company to conduct gas and petroleum exploration in the area. Conservationists have been outraged by the application. A total of 17 580 people have signed a petition on the change.org website objecting to the plan to carry out mining explorations by a firm called Shallom Mining Company. The petition, which has drawn the largest number of signatures on the website, was organised by Sally Dennis, a wildlife conservationist. The deadline for submission of objections was 19 May. Unesco bestowed Mana Pools World Heritage Site status in 1984. The implication of withdrawal of World Heritage Site status by Unesco will be a blow to the government because it would mean reduction of tourist arrivals at the game park which rake in much-needed forex for the country. Located in Mashonaland West on the southern bank of the Zambezi River that serves as the border between Zimbabwe and Zambia, Mana Pools National Park hosts an estimated 12 500 elephants, 3 000 hippopotamuses, more than 260 lions, cheetahs and wild dogs, according to 2020 estimates. The heritage site covers 676 600 hectares, spanning the Mana Pools National Park, Sapi and Chewore safari areas. However, a fortnight ago there were revelations in the Government Gazette through General Notice 608 of 2023 that Shallom Mining company had approached the Mashonaland West mining board with an application for exclusive exploration of natural gas and petroleum oil in an area that covers 130 000 hectares of Mana Pools. Part of the general notice issued by the Mashonaland West mining board chairperson Pfungwa Kunaka reads: “It is hereby notified, that in terms of section 87 (4) of the Mines and Minerals Act, that Shalom Mining Corporation has applied to the Mining Affairs Board for an exclusive prospecting order, over an area described in the schedule, in the Mashonaland West mining district,” reads the Government Gazette of 28 April. “The applicant intends to prospect for petroleum oil and gas within the area which has been reserved against prospecting pending determination of this application. Prospecting authority is sought upon registered base mineral blocks within the reservation.” In the event that mining operations are allowed to take place inside the game park, Unesco may decide to withdraw the World Heritage Site status to the reserved game park. Farai Maguwu, the Centre for Natural Resources and Governance director, concurred in an interview with The NewsHawks that the status may be withdrawn due to the threat of extinction of wildlife. “If the mining project inside Mana Pools is approved, Unesco may withdraw the World Heritage Site status. "A lot of animals are under threat following the application to carry out mining operations in Mana Pools Game Park. It is home to several animal species including elephants that number 12 000, buffaloes which are more than 16 000 and there are hundreds of bird species in that area. “Apart from that, it is a very natural wilderness and I think that is what has earned it the World Heritage Site status. And it is something to be proud of when you have such a place of global significance. It means it is an area that markets Zimbabwe by virtue of its World Heritage Site status,” he said. Mana Pools risks losing World Heritage Site status Mana Pools National Park NewsHawks Issue 132, 19 May 2023


Page 8 News BRENNA MATENDERE LEGISLATORS, as well as Speaker of Parliament Jacob Mudenda, on Wednesday took to task Justice minister Ziyambi Ziyambi, Mines deputy minister Polite Kambamura and Environment minister Nqobizitha Mangaliso Ndlovu over the impending invasion of Mana Pools National Game Park by a local company which intends to carry out oil and gas exploration in the United Nations World Heritage Site. As reported by The NewsHawks, last week on Friday there were revelations in the Government Gazette through General Notice 608 of 2023 that Shallom Mining company had approached the Mashonaland West mining board with an application for exclusive exploration of natural gas and petroleum oil in an area that covers 130 000 hectares of Mana Pools. The development saw 2 560 people across the globe signing an online petition protesting the plans in the first eight hours of its launch on the change.org website. The petition was organised by Sally Dennis, a wildlife conservationist. In the latest development, several MPs cornered ministers during Wednesday's question-and-answer session in Parliament demanding to know why a process to invade a national park has been kick-started by the government. Magunje legislator Cecilia Kashiri set the ball rolling when she asked Ziyambi to clarify government policy on the issuance of mining exploration licences in World Heritage Sites. "The government does not issue any exploration licences on Heritage Sites in order to preserve them, thus there is no policy on mining in those areas," replied Ziyambi. Kashiri then posed a supplementary question. "My supplementary question arises from a Government Gazette of 28th April, 2023 via the Mines Affairs Board where a company is seeking an exploration order in Manna Pools Resort Area which is a World Heritage Site. So, if our Government policy states that there should not be any issuance of such licences, what is the honourable minister’s stance?" she asked. At that point, deputy Mines minister Kambamura stood up to respond. "The ministry of Mines and Mining Development received an application from the said company. As a matter of procedure when we receive those applications, they go through the Mining Affairs Board. Then they are gazetted for public opinion and for the public to also object if they are not in favour of the application. That is the procedure. After the gazetting is when the Mining Affairs Board would now sit to deliberate on whether to issue the EPO [exclusive prospecting order] or not. So that EPO has not been issued and it is just a matter of procedure that is happening that we put that application in the Gazette," he said. Not satisfied with the response, Norton Independent legislator Temba Mliswa pressed further, demanding additional answers from Environment minister Ndlovu. "On a point of order, Mr Speaker Sir! I think it is a blessing that we have the minister of Environment, Climate Change, Tourism and Hospitality Industry here as well. It would also be interesting to ask him why his ministry did not object to that since they are the custodians of the environment. If you understand what I am saying that they are responsible for environment, yet these applications are happening and other people do not have the resources to do that. Why can they not object to that to protect the environment? This is just what I needed to indulge from you," he asked. Speaker Mudenda also implored Kambura to clarify on the issue. "The minister must answer why they allow such issuance of licences where there are Heritage Sites? Where people are not allowed to do so. So the honourable minister must answer that," said Mudenda. "As I said before, that licence was not issued. It is like when one applies for a job and is not yet granted that job but waiting for an interview. We cannot say just because he applied for the job, he has been offered the job. We are still going through the processes but, all the same, all natural heritage areas are taken as reserved areas. When one is applying for an Exclusive Prospecting Order (EPO) or if we are to grant an EPO; those reserved areas are protected areas and we do not issue any licences on such areas. I would like to urge honourable members to allow the ministry to go through its processes. As of now, no licence has been issued. It is still an application to be considered," replied Kambura. However, Harare North MP Allan Markham again pressed further on the matter. "The leader of the House (Ziyambi) answered in his first response that there is no need to answer the question because Heritage Sites are protected. There is no requirement for a mining law there because they are protected. Why are we going through a procedure in an area that is protected by mining rights? The minister of Justice, Legal and Parliamentary Affairs in his first response answered perfectly and said they are protected. Why are we now in his own words considering a job application when there is no job?" asked Markham. Kambamura again sought to downplay the matter. "What happened on the application is that it is not fully covering the protected area. It is overlapping the protected area. On the area that is not protected, we allowed to issue an EPO; that is why we allowed it to sail through. Then when it comes back to the Mining Affairs Board is when they will now consider to say, we cannot issue on this protected portion but on this portion that is open. We are allowing that process to go through then afterwards we consider the application," he said. However, Mliswa stood up and accussed Kambamura of not being consistent. "On a point of order, Mr Speaker Sir! My point of order is that the honourable minister is being inconsistent. I come from Shurugwi and Boterekwa is one of the areas where the ministry of Environment, Climate Change, Tourism and Hospitality Industry did not want that to happen. How they were bulldozed into issuing a mining permit in Boterekwa where I come from, ndiko kumusha, ndiro dzinza redu and madzishe are not happy with that [that's where I come from; the chiefs are not happy with what is happening]. The ministry of Environment, Climate Change, Tourism and Hospitality Industry had said no, but you then issued. What made you issue that?" "That is another one, if you go to Boterekwa today, it is destroyed and madzishe hakunawo kwaanogona kuyenda kunopira midzimu yavo [chiefs do not have places to conduct rituals]. Saka chii chamuri kuita nenyika? [What are you doing to the country?] If they continuously do that, then the Environmental Management Agency (Ema) will stop and then they are bulldozed. Who is behind influencing you to do this, that must be the question?" "Who is influencing you to go to these heritage places and issue mining licences? We cannot destroy our heritage for the sake of money because our culture is fast losing itself. We are no longer Zimbabweans without a culture, heritage and tradition ndiko kusaka tirikuramba tichingo suffer [that is why we are suffering] because muri kupinda munzvimbo dzisingapindwe! [because you are invading sacred places]" fumed Mliswa. "Honourable minister, with that clarification, would you like to respond?" asked Mudenda, before Ziyambi chipped in. "May I assist the honourable minister? In my earlier response, I indicated the policy. What is now following are specific issues that need to be investigated. I plead with you, Mr Speaker, if the follow-up questions are now very specific, the first question from m Kashiri was general. What is the policy as regards to those areas and I duly answered, but if there are issues that emanate from that response pertaining to specific areas, I am seeking your indulgence for that to be put in writing so that a comprehensive answer can be given," he said amid inaudible interjections from MPs. Harare East MP and former Finance minister Tendai Biti weighed in: "Mr. Speaker Sir, I am still going back to the policy. The esteemed minister of Justice says the policy is that if there are protected areas then mining rights cannot be granted but that policy needs clarity from the Minister of Mines. Currently, before this august House is the Mines and Minerals Amendment Bill. That Bill actually allows invasion of those protected sites, including cemeteries and our homes. "We need policy clarification and statement that you cannot invade and allocate mining rights to protected areas including national parks. Right now, as I am talking to you — in Mutoko the homestead of Njapi, the Queen of the Buja people — Shumba Nyamuzihwa is being invaded by Chinese people who are mining in this area. "What is the policy with regards to this?" he asked. At that stage Mudenda put the matter to rest and asked that specific questions be put in writing for ministers to bring comprehensive statements. Located in Mashonaland West on the southern bank of the Zambezi River that serves as the border between Zimbabwe and Zambia, Mana Pools National Park hosts an estimated 12 500 elephants, 3 000 hippopotamuses, more than 260 lions, cheetahs and wild dogs, according to 2020 estimates. The Mana Pools World Heritage Site spans 676 600 hectares, spanning the Mana Pools National Park, Sapi and Chewore safari areas. Civil society leaders like Farai Maguwu, the director of the Centre for Natural Resource Governance (CNRG) and James Mupfumi who fronts the Centre for Research and Development (CRD) have also expressed anger over the intended plan to invade the heritage site for the purpose of mining. Section 35 of the Mines Act allows the government to protect certain areas from prospecting and pegging. However, the Mines Act gets precedence over other laws, such as the Water Act or the Environmental Management Act, leaving many parks vulnerable. The Mines and Minerals Amendment Bill which is under consideration in Parliament leaves room for such mining work, but on strict conditions. The proposed law states: “In deciding whether or not to grant a mineral right or title, the Cadastre Registrar shall take into account the need to conserve the natural resources in or on the land over which the mineral right or title is.” Environment minister Nqobizitha Mangaliso Ndlovu Ministers quizzed over tourism hub invasion NewsHawks Issue 132, 19 May 2023


News Page 9 Corporate rescue highlights Telecel ownership mess OWEN GAGARE THE shareholding structure and control of Zimbabwe’s beleaguered third-largest mobile network operator Telecel Zimbabwe is as clear as mud. Telecel, which has been placed under corporate rescue, was jointly owned by Telecel International, which had 60% shareholding, and Empowerment Corporation, a Zimbabwean consortium made up of a number of local companies and investors who controlled 40% of the company. Telecel International was, in turn, controlled 100% by Global Telecom Holding (GTH), a VimpelCom subsidiary. Empowerment Corporation (E Corp), which had a 40% stake and was owned by James Makamba’s Kestrel (23%), IEG (18%), Indigenous Business Women’s Organisation (17%), National Miners’ Association (14%), Zimbabwe Farmers’ Union (14%) and Magamba eChimurenga (14%). Local tycoon James Makamba was the de facto controller of Telecel. In 2015, former president Robert Mugabe’s son-in-law Simba Chikore and daughter Bona approached the then  minister of Information Communication Technology, Postal and Courier Services,  Supa Mandiwanzira, seeking to leverage their powerful family position and influence to take control of Telecel. At the time,  Isabel dos Santos, the daughter of the late Angolan president Eduardo dos Santos, Africa’s richest woman at the time, also wanted to buy Telecel.  Her business empire later crumbled in chaos amid corruption charges, after her father left office. As part of her business expansion programme, Isabel flew to Zimbabwe below the radar and met former first lady Grace Mugabe to cut the Telecel deal, but that did not go anywhere as local corporate vultures were already circling above the company. Mugabe stopped Simba and Bona in their tracks. Various consortiums were jostling for the company, including George Manyere’s investment holding and advisory company Brainworks , a US-based group led by former Telecel chief executive Francis Mawindi, Shingi Mutasa’s London-listed Masawara and a local partnership involving Old Mutual, CBZ and the National Social Security Authority (Nssa) which has a US$1.2 billion balance sheet. Nssa generates surplus contributions in excess of US$10 million per month, which it is authorised to invest. The consortium comprising Old Mutual, CBZ Bank and Nssa vigorously pushed to take over Telecel Zimbabwe until it was elbowed out by the government. While various groups were scrambling for the 60% shareholding in Telecel, there are other entities which were battling for the EC’s 40% stake. These included Brainworks and Kingville Investments, which expected to be financed by a New York investment bank. After the jostle, Nasdaq-listed global telecoms giant VimpelCom sold its majority shareholding in Telecel for US$40 million, reportedly to the government. The Amsterdam-based telecoms firm in 2016 announced it had entered into an agreement with the Zimbabwean government to sell its 60% stake to a chaotic quasi-government entity, ZARNet. However, it later turned out that the shares had in fact been bought by Nssa, which is not a parastatal. At the time, President Emmerson Mnangagwa’s son-in-law Gerald Mlotshwa, who was Makamba’s  lawyer and Telecel board director, entered the fray, battling the businessman over Telecel ownership. Both claimed the company. Telecel Zimbabwe has now been placed under corporate rescue after a High Court plea made by the Communication and Allied Service Workers' Union of Zimbabwe in October last year triggered the rescue case. David Mhambare, the union's secretary-general, had argued the country’s third-largest telecommunications firm was insolvent and faced liquidation if no rescue action was immediately taken. A notice in the Government Gazette published last week revealed that the corporate rescue proceedings have begun in terms of section 124(2)(b) of the Insolvency Act [Chapter 6:07]. “Notice is hereby given to the shareholders, employees and other creditors of Telecel Zimbabwe (Private) Limited that a court application for the placement of the above-mentioned company under supervision was filed with the High Court of Zimbabwe (Commercial Division), Harare, on the 10th of October, 2022 under Case H.C. 306/22. “It follows therefore that corporate rescue proceedings have commenced in terms of section 124(2)(b) of the Insolvency Act [Chapter 6:07],” the notice read. The notice indicated that in terms of section 125(1)(b) of the Insolvency Act [Chapter 6:07], corporate rescue proceedings are deemed to begin when an affected person applies to the court for an order placing the company under supervision in terms of section 124(1) of the said Insolvency Act. “It follows from the foregoing that no action or proceedings shall be proceeded with or commenced against the company except by leave of the court and subject to such terms as the court may impose. “Further, in terms of section 126 of the Insolvency Act [Chapter 6:07], during corporate rescue proceedings, no legal proceedings, including enforcement action, against the company, or in relation to any property belonging to the company, or lawfully in its possession, may be commenced or proceeded with, without the leave of the court,” the notice added. According to the notice, in terms of section 124(3) of the Insolvency Act [Chapter 6:07], each affected or interested party or person has a right to participate in the hearing of the application in terms of this section and may appear before the High Court (Commercial Division), to show cause why an order for corporate rescue proceeding should not be made placing the respondents under corporate rescue proceedings and ordering that the costs of these proceedings shall be the costs of corporate rescue proceedings. Mhambare’s court appeal stated Telecel had US$1.5 billion in assets as of 31 December 2021, compared to local currency liabilities of ZW$24 billion, which have resulted in a ZW$22.5 billion negative equity. NewsHawks Issue 132, 19 May 2023


Page 10 News BRENNA MATENDERE ZANU PF early this week dispatched two senior party officials to the Midlands to hold crisis meetings following political turmoil that has gripped President Emmerson Mnangagwa's home province ahead of the August general elections. The mayhem emanated from the holding of controversial primary elections to choose party candidates which were marred with accusations of internal vote rigging. As a result, popular party members fell by the wayside while Mnangagwa’s associates were exempted from the intra-party contestation. Constituencies that have become political hotbeds for the party where grassroots supporters are threatening to resort to protest votes in August and snub election campaigns include Gokwe-Nembudziya. In the area, former Midlands administration secretary for youths Justice Mayor Wadyajena lost in the internal polls to ex-cabinet minister Flora Bhuka. In Kwekwe Central, Energy Ncube, the nephew of former State Security minister Owen "Mudha" Ncube, was imposed as an automatic candidate ahead of former city deputy mayor John Mapuranga who stood for the party in last year's 26 March by-elections and Archbishop Kandros Mugabe, a prominent gold baron who represented the party in the 2018 general polls. In Chiundura, there is uproar after accusations of rigging against former Vungu Rural District Council chairperson Celton Charamba, who was initially announced the winner using tabulated results before political commissar Mike Bimha overturned his victory on the final list made public in Harare. Slemani Kwidini was declared the winner. There is also turmoil in Redcliff constituency where Local Government minister July Moyo was exempted from primary elections as well as in Gokwe Kabuyuni and Mberengwa where the same happened to former State Security minister Ncube and Joram Gumbo, the minister of state in the President's Office responsible for Policy Implementation. In Zhombe constituency there is massive disgruntlement after Mnangagwa's ally Edmore Samambwa was declared an uncontested candidate despite the fact that several members had forwarded their curriculum vitae and applications to the provincial leadership led by Senator Larry Mavhima expressing interest in contesting him. Samambwa is Mnangagwa’s long-time ally. He was suspended as Midlands Zanu PF youth chairperson in March 2016 for supporting the Mnangagwa faction at a time the faction was battling the G40 camp in the race to succeed the then president Robert Mugabe. Amid the growing disgruntlement, Zanu PF national secretary for youths and Deputy Youths, Sports, Arts and Recreation minister Tino Machakaire was dispatched to Kwekwe on Friday last week where he held a crisis inter-district crisis meeting with youths from across the province at Mbizo Stadium. He spoke strongly about the need for "healing" after the primary elections. "Comrades, we have come here to unite all the youths and everyone in peace. We are calling upon all our youths to be united for the sake of our party. Those who won and those who lost should have unity of purpose. We have to unite as it is not an individual who won in primaries; it is the party Zanu PF," he said. On Tuesday this week, another senior official, Lovemore Matuke, who is the secretary for security and deputy Public Service minister, followed up with another inter-district meeting held at the gigantic Zanu PF Winery Centre in Greenvale, Gweru. The venue is historic in Midlands as it was built for US$6.5 million to host the 2012 Zanu PF annual conference. An official who attended the closed-door meeting told The NewsHawks that the agenda was to pacify disgruntled members in the districts after the controversial primary elections. "We were told to go back to our districts and reach out to supporters of losing candidates who are openly rebelling against the party and saying they will vote for the opposition in the coming elections as a way of protest or bhora musango. As you know, Midlands has 27 parliamentary constituencies and won 22 of them in 2018, making it a party stronghold. There are therefore concerted efforts to ensure it is not shaken, and so that was agenda of the meeting. “However, people are angry out there after they felt unpopular candidates with some influence from above were put forward as our candidates. There is a lot of disgruntlement which the party is trying to manage," said the official. Crisis meetings as turmoil grips Midlands province Zanu PF national secretary for youths and Deputy Youth, Sport, Arts and Recreation minister Tino Machakaire Local Government minister July Moyo NewsHawks Issue 132, 19 May 2023


News Page 11 NATHAN GUMA MAIN opposition Citizens' Coalition for Change (CCC) spokesperson Fadzayi Mahere’s presentation at the high-profile Geneva Summit for Human Rights and Democracy in Switzerland, which laid bare the country’s worsening human rights record, has rattled Zanu PF activists and officials, with many of them demanding her punishment. The summit is a major conference that shines a spotlight on urgent human rights situations that require global attention. It provides human rights heroes, activists and former political prisoners a unique platform to testify on their personal struggles for democracy and freedom, while building an international community to take on dictatorship. The summit is held around the main annual session of the United Nations Human Rights Council (UNHRC), when foreign ministers gather in Geneva to place critical issues on the international agenda. This week, Mahere told delegates in Geneva that Zimbabwe is reeling under authoritarian rule amid fierce political repression, which has become worse than that of the late despotic president Robert Mugabe. She said only free, fair and credible elections — won by the best competitor — can resolve the nation's protracted crisis which is deepening in a renewed way. Mahere said: “Zimbabwe suffers under a dictatorship worse than Mugabe. Almost half the population suffers from extreme poverty because those in power would rather loot and persecute than lead. “It might surprise you that after repeated arrests and wrongful imprisonment, I have come to the UN optimistic, because the crackdown now taking place in Zimbabwe is a sign of victory. “The government’s war against freedom and weaponisation of the law against myself and other government critics, journalists and civil society members including Job Sikhala and Jacob Ngarivhume who were wrongfully detained are calculated to send a chilling message to the rest of society; ‘We are watching you, even on Twitter. And this is what you get for participating in opposition politics’,” Mahere said. Last week, Zengeza West legislator Sikhala was convicted, almost a year after his arrest, and slapped with a suspended six-month custodial sentence and a US$600 fine. Sikhala was however not released from custody, despite spending over 300 days in prison, with the state arguing he has outstanding cases. A fortnight ago, Ngarivhume was arrested for leading and organising the 31 July 2020 protests. He was convicted by Harare magistrate Feresi Chakanyuka on Thursday and has been sentenced to 48 months imprisonment, with 12 months suspended. Said Mahere: “Now, I wouldn’t risk my life and freedom if I did not sincerely believe that change is possible. Courage does not mean that you are not afraid. It means that you act in spite of your fear because you believe in a greater cause.” Her speech did not sit well with Zanu PF activists and officials. Presidential spokesperson George Charamba, through his Twitter handle @Tinoedzazvimwe1, tweeted: “Chituta kani!!!! (What a fool!) Wasting time on some motley crowd of zvimaNGOs. Hanzi ndaaddressa Summit!!!! (Wasting time on some motley crowd of non-governmental organisations (NGOs) and you say you have addressed a summit!).” In a long tweet, ruling party activist Rutendo Matinyararare, who leads an association, the Zimbabwe Anti-Sanctions Movement, condemned Mahere’s invitation to Geneva. “When we apply to go and present at the UN or UNHRC, we are told that we need to be accredited as an observer organisation. “But while civil society organizations, formed to fight sanctions and advocate for Zimbabwean human rights, struggle to be heard on this important issue that the UNHRC has condemned, created resolutions against and voted against; non-accredited individuals and criminals with no standing —representing no common interest — like Hopewell (Chin’ono) and Fadzai Mahere, are invited to Geneva to speak without a counter from those they condemn. “Where is our Foreign Affairs when all this is happening? Why is our Permanent Representative at the UN not addressing these clear abuses of administrative process in the UNHRC? Why is he not as active as the American team in advancing Zimbabwe’s national interest?” read part of his tweet. Last year, prominent journalist Hopewell Chin’ono was invited to the Geneva conference where he pointed out Zimbabwe’s seriously dysfunctional health system, sparking an outcry from the government which eventually devised plans to clamp down on dissenting voices. Since then, the government has made overtures to close the civic space to silence dissenting voices. For instance, the government has presented a lot of amendments and legislation including the long threatened “Patriot Bill”, more properly the Criminal Law (Codification and Reform) Amendment Bill, which was published in the Government Gazette in December last year. The civic space has been closing. Findings by a think-tank, the Zimbabwe Democracy Institute (ZDI), show that the country is now under serious repression ahead of polls compared to the era under Mugabe. The ZDI’s report titled: “Civic Space Contestation Ahead of 2023” shows a drastic fall in civil liberties during the political tenure of Mnangagwa, compared to the days of the late Mugabe. The organisation made an analysis of the civic space between 2014 and 2021 by contrasting Mugabe’s final four years in power ahead of the 2018 elections, and Mnangagwa’s initial four years in power ahead of the 2023 elections. The findings showed a 2% increase in civic space and state freedom during Mnangagwa’s first year in power, compared to Mugabe in 2014, while 2019 saw a 13% decline in state freedom from 44%. CCC spokesperson Fadzayi Mahere Mahere’s eloquent Geneva presentation rattles Zanu PF NewsHawks Issue 132, 19 May 2023


Page 12 News NATHAN GUMA A NEW report reveals that confidence in the August general election has struck rock bottom, with the country failing the litmus test on tenets of electoral international best practice, less than three months before the polls. As the country counts down to the elections, there are many unanswered calls by opposition parties and civil society for the government to roll out electoral reforms. Since 2000, the country has suffered the dire consequences of disputed elections, which has seen targeted sanctions on top government officials, including President Emmerson Mnangagwa, over human rights abuses. In the aftermath of the previous general election, six unarmed citizens were killed by security forces on 1 August 2018 after opposition supporters protested the Zimbabwe Electoral Commission’s delay in releasing the poll results. Since Mnangagwa’s wafer-thin victory in 2018, there has been a long-standing debate on his legitimacy, which has worsened Zimbabwe’s socio-economic woes. In May last year, the European Union Election Observer Mission (EUOM) expressed concern at the slow pace of electoral reforms after the contentious 2018 polls, saying progress on the implementation of reforms has been limited, with the majority of the priority ones yet to be addressed. According to a report by Southern African Political and Economic Series Trust (Sapes) and the Research Advocacy Unit (RAU) titled Best Practices in Elections: Can Zimbabwe Meet These in 2023?, the country’s preparedness is at its worst, with the authorities falling short on five key principles of a good elections namely: integrity, information, insulation, inclusion and irreversibility. “Integrity refers to the impartiality and accountability of the election management body, the Zimbabwe Electoral Commission (Zec). There are many signs that Zec is not impartial as is required by the constitution, including the significant numbers of military personnel working in the institution. “Voter registration remains a concern, both because of the low uptake by citizens and the difficulties in getting identity documents, the non-availability of the voters’ roll, and the impeding of independent audits remains a problem as in the past. Voter education has remained constrained and unduly controlled,” read part of the report. On the principle of irreversibility, the report said the country still lags behind in the management of disputes after an election. “Irreversibility refers to several things. Firstly, that there is no reversing or tampering with results: the count and the outcome must reflect the will of the people. Secondly, it refers to the acceptance of the results by the loser. “Here the outcome of the 2008 elections remains a dramatic example of non-irreversibility; where there was a result indicating that political power had shifted; where even the narrow victory of the MDC should have been graciously accepted (and supported by the region and the continent); but a violent second round resulted in the repudiation of the popular vote. “To this might be added the spurious recall of the MDC MPs elected in 2018, and the disenfranchisement of nearly one million voters,” read the report. The report showed that the country still has major holes in promoting equal participation in electoral processes, which has largely underlined by violence. This has been evident with the rise in organised violence and torture, which has been increasing since January 2022, with the main culprits being identified as Zanu PF supporters and state security institutions. “Zanu PF supporters and the Zimbabwe Republic Police (ZRP) responsible for 78% of the alleged violations, and opposition political parties responsible for less than 2% of documented violations. “Inclusion refers to the notion that elections are about free and equal participation in the electoral process. It refers to the ability of citizens to register as voters, to obtain Information (directly and indirectly), to be free from intimidation and violence, and for all forms of treating to be absent. “There is also the technical issue around Delimitation and the process of ensuring that every constituency and ward has balanced numbers so that all citizens are ensured equal opportunity and gerrymandering is prevented,” read the report. According to the report, more still needs to be done in the shortest time to ensure a credible general election. “The short answer is that there cannot be any confidence in the forthcoming elections. The conclusions for each of the pillars is that there are severe deficits for each and every one of these. “Primary amongst these is the rising political violence and the association with groups supporting the campaign for the presidency, as well as increasing reports of militia groups operating. This is all linked to intimidation, forced membership of Zanu PF, and clientilism on a massive scale. “Unlike 2018, opposition political parties, and mainly the CCC, are having rallies banned, even having meetings in private houses disrupted, attendees arrested, and even lawyers assaulted. The levels of hate speech have increased, some of which are so egregious that they warrant arrest and prosecution." The report also highlighted the increase in intolerance against the political opposition and other dissenting voices. “There is harassment and legal intimidation of political opponents, with one member being charged and found guilty of a non-existent law. The blatant partisanship of traditional leaders is yet another negative indicator. Last week, the High Court acquitted prominent journalist Hopewell Chin’ono on an allegation of obstruction of the course of justice. The case involved President Emmerson Mnangagwa’s controversial niece and gold dealer Henrietta Rushwaya. Starting July 2020, Chin’ono was arrested and spent 45 days in jail; first on the case of allegedly inciting public violence, secondly on obstruction of the course of justice and thirdly for allegedly circulating a video that spread falsehoods. Last week, Zengeza West legislator Sikhala was convicted, almost a year after his arrest, and slapped with a suspended six-month custodial sentence and a US$600 fine. Sikhala was however not released from custody, despite spending over 300 days in prison, with the state arguing he has outstanding cases. The sentencing of opposition Transform Zimbabwe leader Jacob Ngarivhume on charges of inciting violence after he called for peaceful anti-corruption demonstrations has also raised a public outcry. A fortnight ago, Ngarivhume was arrested for leading and organising the 31 July 2020 protests. He was convicted by Harare magistrate Feresi Chakanyuka on Thursday and has been sentenced to 48 months imprisonment, with 12 months suspended. The report said Zec’s legal approach to elections is in a shambles, and fails to establish legitimacy, which is likely to see yet another disputed election. “This flows from the consent of the governed, not from the narrow determination that the rules were followed in a parsimonious fashion: elected governments establish their legitimacy through the demonstration from the widest possible participation in voting, not just that they obtained a majority. “Legitimacy also flows from the demonstration that the game was fair, the referee was non-partisan, and the outcome can be validated by impartial scrutiny. “None of this is present in 2023, and the only prediction that can be made is the result once again will fail the test of acceptability, both nationally and internationally. Furthermore, the intention to produce a “landslide” victory for Zanu Pf will fail also the test of credibility since none of the conditions that are a pre-requisite for a free and fair election are present now, and there is no possibility that all the desperately needed reforms are possible in the next three months,” read the report. Confidence in August poll hits rock bottom The sentencing of opposition Transform Zimbabwe leader Jacob Ngarivhume on charges of inciting violence after he called for peaceful anti-corruption demonstrations has raised a public outcry. NewsHawks Issue 132, 19 May 2023


News Page 13 BERNARD MPOFU THE head of the European Union delegation in Zimbabwe, Jobst von Kirchmann, says 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. The southern African nation, which is later this year expected to hold general elections, has a history marred by political violence and disputed elections. 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. Europe Day, held on 9 May every year, celebrates peace and unity on that continent. The date marks the anniversary of the historic "Schuman Declaration" that set out the then French foreign minister Robert Schuman's idea for a new form of political cooperation in Europe, which would make war between Europe's nations unthinkable. “I have been here for almost eight months, a bit less, and actually during that time I have witnessed the richness of our relationship. I think we have already accomplished a lot of trade, investment and support to the private sector with my fellow ambassadors working as Team Europe and the European Investment Bank,” von Kirchmann said. “What do we want as European Union? We want Zimbabwe to succeed in its Vision 2030. I believe that several processes that I would like to outline, one, because I have probably been involved and I think it’s a crucial process, is the recent High-Level Platform for arrears clearance and debt resolution which was pushed forward and initiated by the government. I think that’s a fantastic process. It includes everything, all the difficult topics. “But this process is not only about dialogue; it also has to build trust and unity…The upcoming harmonised elections will be a great opportunity to accelerate this process and to trigger more positive changes. I would like to commend to all political parties, government to regularly advocate for free, fair, peaceful and inclusive elections. We as EU, we can just contribute in a humble way. We can do that through our support to the Zimbabwe Electoral Commission, the civil society and I am also confident with an election observation team.” Von Kirchmann’s remarks come a few days after the EU recently dispatched an exploratory delegation to assess Zimbabwe’s preparedness to hold free and fair elections, as well as to gauge the legislative climate ahead of the 2023 polls. Zimbabwe’s Foreign Affairs minister Fredrick Shava told guests attending the same event that Harare is committed to adopting comprehensive reforms. “We applaud the European Union in this endeavour,” Shava said. “In pursuit of these goals we have made significant strides in implementing the ongoing reform agenda guided by our National Development Strategy . . . In the coming few months, Zimbabwe — like you said, Ambassador von Kirchmann — will hold harmonised elections as testimony of our commitment to democracy and democratic processes. We have no doubt that the masses of our people will come out in their millions as in previous plebiscites and participate in electing their leadership.” In the disputed 2018 elections, the EU observer mission presented its findings through chief observer Elmar Brok, member of the European Parliament, to the Zimbabwe Electoral Commission (Zec), the government, Parliament, civil society and political parties. The report outlined shortfalls which included problems with the legal framework, the role of the electoral commission, and various abuses of human rights and political rights of the opposition. It urged reforms accompanied by the requisite political will of all stakeholders. The EU urged the government of Zimbabwe to prioritise the furtherance of democratic transition in the country. The recommendations made by the bloc after the 2018 elections included the need for Zimbabwe to address four key areas: the independence of Zec, improved level playing field, the legal framework and the inclusiveness of the process. Re-engagement hinged on fair elections — EU Head of the European Union delegation in Zimbabwe Jobst von Kirchmann NewsHawks Issue 132, 19 May 2023


Page 14 News BERNARD MPOFU AFRICAN Development Bank (AfDB) president Akinwumi Adesina has flagged political governance reforms as the elephant in the living room in Zimbabwe’s quest to normalise relations with international financial institutions and the world community. Desperate to end nearly two decades of isolation, Zimbabwe adopted a debt resolution and arrears clearance plan which is underpinned by an overhaul of the economic and political environment. But critics doubt Zimbabwe’s political will in addressing longstanding political issues such as reforming the electoral environment, ensuring that citizens enjoy civil liberties such as freedom of assembly and uphold the rule of law despite making pronouncements to break with the past. Adesina, who was appointed by President Emmerson Mnangagwa as leader of the debt and arrears resolution drive, told delegates this week that the southern African nation is currently hamstrung by its huge debt overhang. The AfDB chief was in the country this week attending a High Level Debt Resolution Forum. He said economic sanctions are driving Zimbabwe further into unsustainable debt. The debt itself, Adesina added, is not as debilitating as the arrears on the debt since the country cannot access international concessional financing or other revenue or less expensive financing to pay down its debt obligations. Of the US$5.7 billion of bilateral debt, 69% of this is accounted for by arrears. Similarly, of the US$2.6 billion of multilateral debt, 91% is accounted for by arrears. “Arrears is now the new debt of Zimbabwe. The past is hurting the present and the future of Zimbabwe,” Adesina said. He said while Zimbabwe has taken strides in adopting neo-liberal economic policies, contentious yesteryear issues such as the compensation of white commercial farmers who lost tracts of land during agrarian reform stood in the way of the ongoing debt negotiations. The government has taken the decision to eliminate multiple exchange rates, introduce an enhanced foreign exchange auction market, transfer outstanding debt of the Reserve Bank of Zimbabwe to Treasury for greater transparency and avoid off-budget financing; and end the quasi-fiscal activities of the Reserve Bank of Zimbabwe. Treasury has also taken decisions to end subsidies and reform state-owned enterprises. Also, the establishment of the liquidity management committee is a proactive measure that will promote effective coordination between fiscal and monetary policies has been seen as liberal. Experts also say the decision to embark on an International Monetary Fund Staff-Monitored Programme (SMP) is critical in reassuring creditors, development partners, and multilateral and bilateral financial institutions, and will also ensure that the reforms committed to are implemented. “There is very strong and measurable commitment by the government to economic and fiscal policy reforms,” he said. “The most difficult and more sensitive reforms are the governance reforms… As I mentioned during the second high-level dialogue and in my discussions with H.E. President Mnangagwa, development partners and other creditors, it is important that we find a mechanism to try to fast-track and front-load the payment of these compensations. Hope delayed makes the heart go weary. Further delays in paying the compensations could erode trust and confidence. So, timing counts; responsiveness counts; and financial sustainability counts. We need a greater sense of urgency on this issue.” Adesina said the African Development Bank is currently working with the government of Zimbabwe to develop innovative financial instruments and structures that can be used to front-load the mobilisation of the US$3.5 billion compensation to dispossessed farmers. Three years ago, Zimbabwe agreed to pay US$3.5 billion in compensation to white farmers whose land was expropriated by the government to resettle black families, moving a step closer to resolving one of the most divisive policies of longtime leader Robert Mugabe’s era. But the debt-ridden country has been struggling to raise sufficient funds required to compensate the evicted farmers. At the time the agreement was signed, Treasury hoped that half of the amount would have been paid by mid-2021. According to the compensation agreement between farmers and the government, Zimbabwe, which is barely recovering from two years of economic contraction, does not have the money and will issue long-term bonds and jointly approach international donors with the farmers to raise funding. “The government of Zimbabwe is clearly and genuinely very committed. It is committed to taking tough decisions to move this process forward,” Adesina said. “And development partners and creditors are genuinely very committed and have been engaging very positively and proactively in these dialogues. We know what needs to be done. The challenge now is to do them, and do them quickly, and ensure that there are measurable indicators to assess the direction and pace of progress. We must move more rapidly now into speedy implementation on the ground. Let’s turn matrices into materiality. Let’s turn resolve into results.” Commenting on the forthcoming elections, Adesina said Zimbabwe’s commitment to holding free and fair elections will also play a role in normalising relations with the family of nations. "The people of Zimbabwe and the international community will be watching very closely. The full weight of re-engagement with the international community will depend on this. It will also depend not just on the election, but the entire electoral process that guarantees a credible election,” Adesina said. “We need to ensure that there is concrete and measurable progress on the Zimbabwe Democracy and Economic Recovery Act (Zidera), which is critical for re-engagement with the United States. We must do all to fully fulfill all the conditions under Zidera so that verifiable progress made can be used to support advocacy for the lifting of the sanctions imposed by the US Congress under Zidera. From the visit of President Chissano and I to the US last week to meet with leaders in the US Congress, Treasury Department, State Department, and other US agencies, it was very clear that there is support for this high-level dialogue, and hope that it will translate into concrete and measurable progress on the ground to inform a consideration of the lifting of the sanctions under Zidera.” Political reforms critical to redeem Zimbabwe: Adesina AfDB president Akinwumi Adesina NewsHawks Issue 132, 19 May 2023


News Page 15 Kuwandana East MP Chalton Hwende New Parliament Building in Mt Hampden, Harare NATHAN GUMA OPPOSITION legislators have called for amendments to ensure the Diaspora community votes in presidential elections, a practice common in progressive nations. Contributing to debate on the Electoral Amendment Bill which was in its second reading in the National Assembly, the legislators argued the denial of voting rights to the Diaspora community was a violation of the constitution. Kuwandana East MP Chalton Hwende said institutions like the Zimbabwe Electoral Commission (Zec) have been acting against their mandate by barring the diaspora vote. “I think we must understand and appreciate the role of Parliament. We have a constitutional duty to ensure that the constitution of Zimbabwe is protected. The constitution of Zimbabwe is clear on who is entitled to vote. The people that are in the diaspora are Zimbabweans and they are entitled to vote. For us to sit here in this Parliament at 2222 hours arguing to limit the rights of Zimbabweans is pathetic,” Hwende said. “We should not play to the gallery and always say that we are affected by sanctions; it is not good.  We cannot regulate ourselves and make laws that ensure that we have uncontested elections.  Even if the honourable Ziyambi [Justice minister] comes back to Parliament through a contested election — it is not good." Hwende said Parliament ought to play its part in upholding the constitution, which includes allowing tenets like diaspora voting. “People are not getting enough salaries because of disputed elections. You are denying people to do a simple thing — just going to watch the printing of ballot papers. Parliament must do their duty and protect the constitution and ensure that the people in the diaspora are permitted to vote. “Zec is on record that they are prepared to allow people in the diaspora to vote. We attend Zec meetings as interested parties. Their position is very clear — we should make laws so that diasporians can vote.” Highfield West MP Happymore Chidziva said: “Diaspora vote is important because all of us here have relatives in the diaspora and they have the right to vote.  They would like to participate in building their country.   If we agree on a polling station there, our people will vote for the President.  Other countries engage in diaspora voting here in Zimbabwe.  How and where do they do it?  We should allow eligible voters to vote in the diaspora.” Pelandaba-Mpopoma legislator Charles Moyo said it was unfair to exclude millions of people from voting. “We cannot exclude millions of people that are outside the country — we cannot suppress that right to vote.  I want us to concentrate on the millions who are outside the country and surely, the administrative issues will then come after, like the issue of polling stations — what is important is the number of people outside who must participate democratically in our country’s process.  Let us consider the number of people who must partake, especially on the presidential candidate rather than on the councillor and MP,” he said. Although Zimbabweans in the diaspora are not allowed to vote from their host nations, their cash remittances back home are fast growing and helping to keep the country afloat. President Emmerson Mnangagwa’s administration has over the years come under heavy criticism for wanting to abuse diasporans by encouraging them to remit and luring them into investing millions of dollars in the country, while denying them the right to vote. Meanwhile, total international remittances rose to US$2.8bn from US$2.4bn. The Monetary Policy Statement presented by Reserve Bank governor John Mangudya in February this year showed that South Africa, which is host to millions of Zimbabweans, dominates the remittance sources with a staggering 40% contribution or US$583 375 863 of the remittances which came through money transfer agencies. It is followed by the United Kingdom, which contributed US$361 681 114 or 25% of the remittances. The UK also has a large number of Zimbabweans. The US contributed 11% of remittances with US$158 920 458, followed by Australia with 6% as well as Canada and Botswana with 3% each. Malawi, Ireland, Germany and New Zealand contributed 1% each, while the rest of the world contributed the remaining 10%. A total of 88% of the remittances came through money transfer agencies while 12% were channeled via banks. Opposition demands diaspora vote NewsHawks Issue 132, 19 May 2023


Page 16 News RUVIMBO MUCHENJE THE trial of embattled Zengeza West lawmaker Job Sikhala, accused of inciting public violence, began this week amid inconsistent testimony by law enforcement agents. On Wednesday, Officer Commanding Law and Order Edmore Runganga, told the court that he saw the video on 13 June 2022. He said he saw a prima facie case that informed his decision to arrest, and ordered his juniors to download the video. When detective seargent Gift Mutamba appeared as the technical expert, he told the court that Runganga brought the video on 12 June on flash. He said he transferred the video to his office desktop. His testimony was in direct contradiction of Rungaga’s statement during Wednesday’s cross examination. The video has the police in sixes and sevens; while they agree on the utterances, they are not in concurrence on the chronology. Runganga told the court that Sikhala was wearing a black cap and a brown shirt, while Mutamba told the court the legislator was wearing a black cap and blue-and-yellow shirtlike African attire. On the length of the video, Runganga said on all the platforms that he watched the video on, namely WhatsApp, YouTube and Twitter, it was about 5 minutes long while Mutamba said the video in his possession is 46 seconds long. This became one of Sikhala’s pillars in objecting to the state and its witnesses to bring video evidence as exhibits arguing there are high chance of it having been tampered with. “Mr Runganga told the honourable court that the video was 5 minute long when he saw it, but, second witness told the court that the video in his posession was 46 seconds long. One wonders what happened to the 4minutes and 14 seconds,” said Sikhala through his lawyer Jeremiah Bamu. Sikhala is accused alongside Chitungwiza North lawmaker Godfrey Sithole, and the police seem not to be able to point out how he is linked to the incitement charge. The charge is that both had incited violence by posting a video with such contents. Sithole is out on bail and is being represented by Oliver Marwa. Sikhala was arrested in June 2022, Twitter allowed a maximum of two minutes and 20 seconds on videos until December 2022, and more recently two gigabytes of videos for paid or subscribed users. Meanwhile, there seems to be a louder cry for Sikhala’s release as Hararians woke up on Monday to a colourful CBD through graffiti enscribed “Free Job” and “Free Jacob” on the walls of the Constitutional Court, Civil Court, Karigamombe Centre as well as TelOne’s Runhare House. Sikhala has spent 345 days in custody and has been denied bail several times at both the lower and the higher court. Jacob Ngarivhume, leader of the opposition Transform Zimbabwe, was convicted in April 2023 of inciting public violence ahead of the July 2020 protests. Also on Monday, students under the banner of the Zimbabwe National Students' Union observed "Black Monday" demanding justice for the two political prisoners. Later that day, students held a flash protest at ministry of Justice, Legal and Parliamentary Affairs offices demanding Sikhala and Ngarivhume’s release. Four students were arrested during the protests. Zengeza West MP Job Sikhala Sikhala trial kicks off amid contradicting testimonies NewsHawks Issue 132, 19 May 2023


News Page 17 BERNARD MPOFU GOVERNMENT has committed to repeal a section of the Electoral Act stipulating the accreditation of journalists covering elections by the country’s electoral management body following wide criticism by media organisations and observers over the overly bureaucratic process. Journalists are currently required to be accredited by the Zimbabwe Electoral Commission (Zec) to cover elections despite already being registered by the Zimbabwe Media Commission (ZMC). The country is expected to hold its next general elections in August. Kindness Paradza, the country’s Deputy Information minister, told a stakeholders' meeting on the state of readiness of the media to cover the 2023 general elections held in the capital that he met Justice minister Ziyambi Ziyambi, who also doubles as leader of government business in Parliament, over the issue. “Yesterday I had a meeting with the highest level at Zec but their issue is that the law right now says journalists must be re-accredited with Zec whenever they are covering elections,” Paradza said. “So the law is there, but how do we cure that? I was talking to the minister of Justice, Legal and Parliamentary Affairs this morning (Friday). The good thing is that we have the Electoral Amendment Bill in Parliament. We came out of Parliament around midnight (debating the Bill) and the issues which were discussed: there are two issues. We are going to amend that aspect now so that you don’t have to be accredited twice. ZMC is going to accredit you once and for all; not for Zec to accredit you again.” Parliament is expected to resume sitting next Tuesday. Media organisations such as the Media Institute of Southern Africa, Zimbabwe Union of Journalists and the Zimbabwe National Editors' Forum have over the years been lobbying for journalists to practice the profession with only the ZMC Press cards. Other government and quasi-government entities which require separate accreditation are the Parliament of Zimbabwe, coverage of the Zimbabwe International Trade Fair and Harare Agricultural Show, among others. Paradza said the government has also undertaken to give equitable airtime to all political parties when election season starts in earnest. President Emmerson Mnangagwa is expected to make the election proclamation anytime in order to meet the 26 August deadline. Journalists mustn’t be subjected to multiple accreditation — Govt Deputy Information minister Kindness Paradza NewsHawks Issue 132, 19 May 2023


Page 18 News BERNARD MPOFU PERENNIAL turf wars over the control of devolution funds have not only exposed the deep-seated mistrust between local authorities and central government, but also laid bare Zanu PF’s reluctance to pursue the principle and letter of the decentralisation agenda, an official from the Harare Residents Trust (HRT) has said. Accusations and counter-accusations have become the order of the day as most local authorities and central government blame each other for the appalling service delivery in most councils. Before the turn of the millennium, the ruling party, which ran a de facto one-party state, enjoyed control of most local authorities. A rise in opposition politics after 2000 then weakened Zanu PF’s stronghold. The centralisation of power by the ruling elites faced severe criticism, prompting political actors involved in the constitution-making process of 2013 to push for devolution. Analysts say Zanu PF also treats devolution with suspicion in some parts of the country, notably Matabeleland and the Midlands where an estimated 20 000 people were killed in genocidal state-sponsored pogroms in the 1980s. Instead of the constitutionally stipulated devolution, the government is pushing for a curious form of de-concentration which will enable it to retain full control. The 2013 constitution maintains a unitary form of government, which means central government remains the main centre of power, although it devolves some power to lower structures. In the old Lancaster House constitution, the levels of government were horizontal and were called “levels of administration”; each level was defined as an institutional setting that supports, administratively, the implementation of governmental policies in the regions, at the local level. These levels of administration did not make policies, but only implemented them. Zimbabwe currently has 10 ministers of state responsible for provincial affairs and devolution. The southern African nation has 1 958 wards, 32 urban local authorities, 60 rural district councils. Critics say in all these areas, central government has dictated the programming done by local authorities. HRT executive director Precious Shumba told journalists attending the Media Institute for Southern Africa-Harare Advocacy Committee meeting that President Emmerson Mnangagwa is not ready to give local authorities the autonomy to run the devolution agenda. “Their (Zanu PF) emphasis emanated from the desire of a one-party state,” Shumba said. “The people who have the electoral mandate to implement devolution were opposed to the concept of devolution in the constitution-making process. The people who wanted devolution to be implemented are not in government. They are in the opposition. “Since 2013, August to the present, the government has only done token interventions in respect of devolution. Initially they produced their Vision 2030 document, they said devolution and decentralisation. In September 2018, they produced what they called Devolution and Decentralisation Policy. If you read through that policy, you will appreciate that the government of Zimbabwe does not desire to implement devolution. It says the President of Zimbabwe is the chairperson of the cabinet committee for the implementation of devolution. “They say the local authorities are the people who provide services, but in this instance local authorities are directed, but they don’t even contract who builds that clinic, they don’t contract who builds that school. There is no devolution like that.” Harare Chamber of Small and Medium Enterprises and projects manager at Harare Informal Traders' Council Agnes Mangunje said local authorities need efficient internal controls to tackle corruption which is currently choking service delivery. She added that citizens' participation is also critical in ensuring that devolution succeeds. “I really disagree to a certain extent that there is no devolution. We can’t say there is no devolution,” Mangunje said. “Let us have the power of the people speaking and then we realise what devolution is doing.” According to a study by the Zimbabwe Economic Policy Analysis and Research Unit (Zeparu), the country should enact laws which align with the constitutional provisions on devolution. The framework for devolution is enshrined in section 264 of the constitution of Zimbabwe and other subsidiary legislation such the Urban Council Act (Chapter 29:15), Rural Councils Act (Chapter 29:13), Regional and Town and Country Planning Act (Chapter 29: 12), Rural Councils and Administration Act (Chapter 29:11) which need to be reviewed and amended to align with the constitution. Key success factors for devolution, the study revealed, are clarity of roles and responsibilities; adequacy of financial resources, citizen participation, adequacy of human resources, strong systems, political, translation of information pertaining to devolution and functional intergovernmental fiscal transfers framework. “One of the key policy priorities for the ministry of Local Government, Public Works and National Housing linked to devolution between 2020 and 2022 is that of capacity building of local authorities,” reads the Zeparu report titled Towards Successful Implementation of Devolution. “Government has adopted gradualist approach as opposed to the big-bang approach to implementing devolution. Requisite institutional reforms are also being implemented concurrently with the broader implementation of devolution. “There is need to expedite the drafting of enabling subsidiary legislation on devolution as stipulated in the constitution of Zimbabwe. Institutional capacity gaps may adversely affect the implementation of devolution. There is need for an exercise to map the institutional capacity gaps within specific provinces or local authorities including missing institutions. The mapping exercise will inform a comprehensive capacity building (both skills enhancement and institutional strengthening) programme.” Experts say decentralisation started as early as in 1883. In 1884-1885 there was de-concentration of power to lower tiers of government through creation of district administrators (DAs). Zanu opposed to devolution: HRT HRT executive director Precious Shumba NewsHawks Issue 132, 19 May 2023


NewsHawks News Page 19 Issue 132, 19 May 2023 BRENNA MATENDERE THE American Bar Association's (ABA) Centre for Human Rights has released a damning report highlighting a consistent pattern of criminalisation of trade union activism in Zimbabwe as well as a clampdown on labour rights by President Emmerson Mnangagwa’s government. The ABA also noted that the Harare administration has continued with systematic targeting of trade union officials through significant violence, unjustified detentions, routine use of brute force by police and army despite recommendations in 2009 by the International Labour Organisation (ILO) which urged the Zimbabwean authorities to stop such a trend. The ABA's report is titled Pre-Trial Observation: Zimbabwe versus Obert Masaraure. Masaraure is the Amalgamated Rural Teachers' Union of Zimbabwe president who faces a litany of charges emanating from his work as a trade unionist. The ABA in its latest report expressed concerns that Mnangagwa's administration which took over in 2017 after a millitary coup that toppled long-time ruler Robert Mugabe, has not stopped the crackdown on trade unionists despite recommendations for it to do so by the ILO which carried out an investigation in 2009. Part of the ABA's latest report reads: "The ILO inquiry has not prevented the apparent continued targeting of trade union leaders in Zimbabwe. In November 2018, prominent members of the ZCTU faced charges of disruption of public order under the Criminal Law (Codification and Reform) Act." "In January 2019, ZCTU secretary-general Japhet Moyo was arrested on the charge of subverting a constitutionally elected government in relation to anti-government protests. Human Rights Watch reported that 'security forces rounded up and detained hundreds of people, many of whom were brought before the courts on charges of public violence and criminal nuisance, most of whom remain in detention'.” "During their prolonged trial, ZCTU members were called to appear before judges no less than 19 times. All charges were eventually dropped in 2020, notably following international pressure." The report also zeroed in on the case of Masaraure. "Obert Masaraure is a trade union leader whose activism was spurred on by the increasingly dire situation of rural teachers in Zimbabwe. The number of cases he faces, the nature of the courts in which they are considered, and the seemingly unsubstantiated delays in bringing these cases to conclusion all point to the potential targeting of Mr Masaraure based on his activities, rather than his criminal culpability. "In particular, M Masaraure’s rights under the Zimbabwe Constitution and the ICCPR [International Covenant on Civil and Political Rights] appear to have been violated, including the right to a timely trial, freedom of association, freedom of expression and the right to form a trade union," reads part of the report. Masaraure was arrested on 8 July 2022 on a charge of public incitement to violence or defeating or obstructing the course of justice, days after having been released on bail on the murder charge of the organisation's member Roy Isa who jumped to his death from the third floor of a Harare hotel in 2016 according to an earlier enquiry. The reason for Masaraure’s arrest on public incitement was authoring a statement to encourage the public to support the case of Amalgamated Rural Teachers' Union of Zimbabwe colleague Robson Chere, who was also charged in the alleged murder of Roy Issa. Both Chere and Masaraure deny the charges and describe them as trumped up. The ABA in its report also noted that while the regime is mantaining a crackdown on trade unionists, the activists have been resilient and steadfast in their activities. "Despite the systematic targeting of trade unions and their members, trade union activity continues in Zimbabwe. For example, in response to the effect Covid-19 had on an already struggling economy, strikes took place by many professionals, including teachers, doctors, and nurses. It was in this context that the Artuz movement emerged in protest to the tremendous harm to the daily lives of teachers," reads the report. The ABA recommended that "the appropriate Zimbabwean authorities immediately review and drop any charges Mr Masaraure faces that are not substantiated . . . Carry out a full, independent, and transparent review of the relevant authorities’ targeting of trade union leaders, as also requested by the ILO’s Committee on Experts on Application of Conventions and Recommendations. Further recommendations: “Ensure that Mr Masaraure and his Artuz colleagues are allowed to carry out their lawful activities without further harassment... Ensure that all those within Zimbabwe’s jurisdiction are allowed to fully participate in trade union and labour rights activities without fear of repercussion...Implement a series of changes that promote the rights discussed in this report; and Adhere to the recommendations made in the ILO’s latest report." In an interview with The NewsHawks, Masaraure said the findings of the ABA are spot-on. "The American Bar Association has done a splendid job to expose the deployment of the judiciary to persecute dissenting voices. We appreciate the monitoring process which helps to amplify our call for the reform of the judiciary. Citizens have lost faith in Zimbabwe's judiciary and we demand urgent reforms. The four charges I face in the courts today are all based on some intention to silence me. I have always acted within the confines of the law and will always defend the labour rights for workers and tirelessly push for a democratic Zimbabwe. "The government of Emmerson Mnangagwa has invested in strangling Trade Unions and denying workers basic rights. We are aware of huge investments made towards attempting to capture the Zimbabwe Congress of Trade Unions. Those trade unionists like myself, who refused co-option, have met a ruthless stick aimed at instilling fear and silence labour voices. "Basic rights, including the right to job action, the right to collective bargaining and even the right to a living wage have been suspended. In February 2022, thousands of teachers were suspended for engaging in a lawful job action. In January 2022, 16 teachers were arrested for raising placards demanding a living wage. The list is endless," he said. Amalgamated Rural Teachers' Union of Zimbabwe president Obert Masaraure American Bar Association chides crackdown on Zim labour rights


Page 20 News NewsHawks Issue 132, 19 May 2023 NATHAN GUMA CHIVHU and Mvuma communities, particularly those relocated to pave way for the establishment of the US$1.5 billion Manhize Steel Plant, say their lives have deteriorated despite the project being hyped up as a game changer in the nation’s economy, raising fears of another resource curse, the Centre for Natural Resource Governance (CNRG) says. The plant, owned by Dinson Iron and Steel (Disco), a local subsidiary of the Chinese firm Tsingshan, is located between Mvuma and Chivhu. It has been touted as Africa's largest integrated steel plant. Granted National Project Status by President Emmerson Mnangagwa in June last year, the plant is anticipated to commence operations in August this year, producing over 1.2 million tonnes of steel annually while employing at least 1 000 workers. While the steel plant has been touted as a project that will transform the lives of impoverished locals in the surrounding communities of Nyikavanhu and Manhize, preliminary indications show that there have been no signs of development in those villages, a year after. Findings by CNRG show that Disco has failed to fulfill many of its promises to the local people who were displaced when the company set up its plant last year. “Recently our team visited the vast plant under construction to establish the impact of the new development on the local socio-economic, cultural, and environmental fabric of the host community. “Setting up of the iron ore crushing site and the steel processing plant relocated an average of 20 families to surrounding areas around the Nyikavanhu area. The relocation was voluntary after beneficiaries were promised some money, a borehole, and a new house. “Most families agreed to the relocation plan, some refused, citing poor soils at the proposed new sites. The only promise fulfilled was the construction of a new house consisting of four rooms and a hut. Only one borehole was drilled for the families to share,” CNRG said in a report. The communities say living conditions have continued to worsen since the setting up of the steel plant in their area last year, with relocated families facing difficulty in accessing water, among other basic amenities with the lone borehole drilled faraway from some of the homesteads. Findings have also revealed doubts over the infrastructure, with the new houses starting to crack, a year after they were built. “The road infrastructure in the area has been worsened by the plant’s construction of vehicles. This has affected transport availability for the locals as the small vehicles plying the route can no longer easily access it due to their low clearance levels. This means community members have to walk further towards the Mhondoro-Mubaira route to access transport to the nearby Chivhu town where they access essential goods and services. “Manhize primary and secondary school infrastructure is in a dilapidated state. The learning environment is in a deplorable state depicting medieval infrastructure which is uncouth and incompatible for learners in this modern era. “The classrooms are built from iron sheets which are being destroyed by rust. Dinson made promises to assist with construction of the school which the community had already begun with 1 block almost completed. This promise has not been fulfilled yet and there are fears that it may not be fulfilled,” CNRG said. While reports claim Disco had employed over 800 people by February this year, CNRG's findings reveal that the local people have hardly benefitted from preliminary stages of the project, casting doubt over its ability to benefit them in the long run. For instance, while Disco promised local communities employment in non-skilled operations of the plant, the company has been importing employees from other districts in which it has subsidiaries. The workers lack job security, with any employees complaining of low wages and poor working conditions being threatened with dismissal, while some are summarily fired. Local workers complain that they are subjected to inferior working conditions compared to their Chinese counterparts. For instance, the company is building staff quarters at its crushing site, with six workers expected to share a unit. But Chinese employees enjoy more spacious and affluent housing units. Extraction of iron ore in the Manhize mountainous region has led to environmental degradation, with large unsightly open pits mushrooming in the area. “The Manhize Mountain was also a source of food and fruits which formed part of their livelihoods. It also served as a recreational facility with some of its scenic spots. The steel plant has ripped off all these benefits. “Manhize is a cattle ranching area. The communities now struggle with grazing land for their livestock after the steel plant took over most of the grazing lands and dipping tanks. “Communities must find alternative rich grazing lands which are faraway in some instances. This poses a risk for their young boys who herd the cattle as they will be too faraway from their homes,” CNRG said. Manhize Steel project director Wilfred Motsi told The NewsHawks that Disco is doing a lot to improve livelihoods of the local people. “The houses are in order. There are no cracks there. If there are any, they are just minor cracks. In terms of social amenities, there are five boreholes that are being drilled, starting from today (Thursday). “We are still in a process. We started the houses, now it is the boreholes and we are opening the land, three hectares for each relocated farmers. We are building a bridge for the people to be linked. I think we are doing a better service compared to what the people are saying. “In terms of roads, we have constructed one of the best roads which links Manhize and the site. There is a bridge that has already been constructed. The road was impassable during the rainy season, but there is a nice bridge that is there now,” Motsi said. Communities accuse Disco of breaking key promises


NewsHawks News Page 21 Issue 132, 19 May 2023 BRENNA MATENDERE THE Zimbabwe Congress of Trade Unions (ZCTU) says the digital gold coins introduced by Finance minister Mthuli Ncube as a way of preserving the value of the local currency are meaningless to ordinary workers whose earnings have been eroded by the ever-increasing inflation. This week, the government announced the introduction of digital gold coins it said will go a long way in stabilising the local currency. The coins can be bought at the Reserve Bank of Zimbabwe and at local banks. In addition, Ncube also introduced a 100% retention of domestic foreign currency earnings, adoption of all external loans by Treasury, enhanced foreign exchange auction system and lifted all restrictions on the importation of basic goods. However, in a statement ZCTU secretary-general Japhet Moyo said the digital gold coins are meaningless to the struggling workers whose RTGS salaries make them unable to afford the treasured pieces. “The Zimbabwe Congress of Trade Unions (ZCTU) is deeply disappointed by the measures announced by the Minister of Finance to ostensibly stabilise the exchange rate and macro economy. These measures will not improve the welfare of workers and Zimbabweans in general. “The new measures, instead of solving the economic crisis that the country faces, fail to find solutions to the crisis and high prices of goods and services amongst a host of issues affecting workers and the general public,” he said. Moyo added: “Measures such as 100% retention of domestic foreign currency earnings, adoption of all external loans by Treasury, enhanced foreign exchange auction system and even lifting of all restrictions on importation of basic goods is a nullity to a worker who is being paid in RTGS. “There is nothing for the working poor who is choking under the yoke of high prices and low wages. “Measures such as gold and digital coins are mere elitist deals to loot from the poor. How many workers can afford to buy the so-called gold coins or digital coins?” he asked. Moyo also added that the government's failure to consult workers on key issues regarding their welfare is the major reason for its policy failures. “To date, efforts by authorities to bring the unstable macro-economic environment under control have not been effective. Most of the measures have been hastily implemented without adequate dialogue and consultations of all key stakeholders and partners. “The economic environment continues to be characterised by high levels of volatility as evidenced by the fast depreciating Zimbabwe dollar as well as the incessant price increases in Zimbabwean dollar. “While the economy has effectively dollarised in terms of expenditures (with more than 70% of total spending being denominated in USD), most workers continue to earn their incomes in Zimbabwean dollars. “There has been a massive erosion of real incomes with the workers being disproportionately affected while the proportion of the working poor has increased markedly,” he said. The firebrand trade unionist also lamented the top-down approach used by the government to address the plight of workers. “The biggest challenge with reforms in Zimbabwe is that they are being implemented top-down and this has plunged the economy into the abyss in the first place, implying the trust and confidence deficit will continue to haunt the process. “The populace has been hurt and suffered as a result of the wrong-headed policies that resulted in loss of value of our currency in the past and now, fiscal indiscipline, runaway inflation and corruption. We reiterate our demand that all workers be paid in USD until such a time the economy stabilises,” he said. Gold coins not remedy for struggling workers ZCTU secretary-general Japhet Moyo


Page 22 News NewsHawks Issue 132, 19 May 2023 MARY MUNDEYA IT is 9.30pm on a chilly March night, António Munguambe* (10) cuts a lonely figure as he lies still on a secluded pavement in Harare’s central business district. His little feet are aching from the day’s toil, which began at 6am — but that is the least of his worries. His heart is heavy because he has failed to meet the day’s target. He knows his boss will be seething with anger. “I’m scared of going home tonight. I will be yelled at and not given anything to eat,” he says, in a shaky voice as tears roll down his cheeks. Moments later, three boys who are slightly older than António approach. They speak to him momentarily in Portuguese before beginning their 35-minute walk to where they stay in Mbare. This is one of Zimbabwe’s oldest high-density suburbs otherwise known as the hub of the southern African country’s informal economy. A lot of merchandise is sold here: from fresh vegetables, second-hand clothes, building materials, cheap meals and all sorts of things. Practically everything is found in this bustling and crowded high-density suburb, which is also the transport hub for long-distance buses. Whichever rural area or town you are coming from, if you are visting Harare, the end destination of the bus is likely to be Mbare. Where there are people in large numbers, you are also likely to find criminals. Mbare is no different. From petty thieves such as pick-pockets to hardened criminals such as drug dealers — they are all here. Mbare is also a smuggling haven. Illicit beer and drugs smuggled into the country often end up here before being distributed countrywide. Second-hand clothing bales, brought in mostly from Mozambique, are also found in Mbare in large numbers. But that is not all. In recent times, children like António have been trafficked from Mozambique to provide cheap labour, an investigation by She Corresponds Africa with support from the Voluntary Media Council of Zimbabwe (VMCZ) Investigative Journalism Fund on transnational crimes, has established. “In June last year, I and four other children from Sofala came with Uncle Amando who was friends with my father before he died. We were told that there is a lot of money here and all I wanted was to send my mother most of it, but it’s been hard,’’ said António*. Another Mozambican child has a similar story. “My grandmother was told that my coming to work here was a guaranteed way out of poverty for the family. She agreed that I come,’’ said 13-year-old Joaquim Tembe*, originally from Cabo Delgado in northern Mozambique. His parents died in in the ongoing conflict in Cabo Delgado. Too young and confused to understand the fate that had befallen his parents, Joaquim and his grandmother migrated far away from home to Maringué district (where most of his grandmother's relatives are) to start a new life. For close to six years, Cabo Delgado, Mozambique’s northernmost province, has been witnessing a deadly insurrection that has led to the death of more than 6 500 people and the displacement of nearly one million others. Militants have also ravaged infrastructure, recruited child soldiers, and committed sexual and gender-based violence. The Mozambican government has regained control of much of the region since Southern African Development Community ground and naval forces arrived in the country in 2021 as part of a combined regional force to quell insurgents who have caused much suffering. Rwandese forces were the first to help the Mozambican government. Antonio and his friends may have fled the war, but life has not been a bed of roses in Zimbabwe. The huge sum of money they were promised on arrival in Harare is nowhere to be seen. Instead, they have been met with inhuman living conditions and a long wait for prospective employers, who pay them slave wages. “When we got here, I was surprised to find out that 10 of us were going to share a single room. I'm not saying things are better in Sofala, but the room here was too small,’’ said Joaquim Tembe*. “After two days I was introduced to Tete maSibanda whom I started selling boiled eggs for. I was promised US$4 per week, but for the whole year I worked for her, I was only given US$20. When I asked her about it, she said the remainder of my pay had been given to Domingos who brought me here. I ran away and started selling my own cigarettes, sweets and airtime. It doesn’t give me much but it’s better than working the whole year for nothing like I did.” Humanium, an international child sponsorship NGO dedicated to stopping violations of children’s rights throughout the world states that trafficking is prominent in Mozambique. Unesco has found many cases of trafficking of children in the country. The Borgen Project classifies human trafficking as the movement of victims across borders for forced labor–particularly child labour. It further notes that traffickers lure children from rural areas with promises of education and employment enticing families to send children away with hope in the opportunities available in urban life or other countries. Globally, an estimated 50 million children are on the move, affected by war, conflict, disasters and poverty (Unicef, 2016). These children move both within and between countries, with or without their parents, voluntarily or involuntarily. When the migration is illegal it can increase the risk of multiple forms of abuse, and have a negative impact on the child’s welfare, safety and healthcare. Moreover, it places children on the move at the mercy of unscrupulous employers and human traffickers. Human trafficking is a severe and systematic form of abuse, with people being transported from one location to the next by force or fraud to provide labour or commercial sex. The majority of children trafficked from Mozambique end up at South African farms and mines, where victims often work for months without pay under coercive conditions. However, Zimbabwe is relatively becoming a lucrative market, thanks to its growing informal economy and porous borders. How traffickers evade law enforcement Investigations revealed that the Mount Selinda area located in Chipinge in the eastern region bordering Zimbabwe and Mozambique has illegal crossing points, including one known as Zona, that are used to smuggle children from Mozambique into Zimbabwe. When we visited the area, the US$2 we offered as a bribe to soldiers who patrol the area was enough to facilitate our entry into Mozambique, a practice so common that it happens in broad daylight. Brighton Nyanise, the Chipinge ward 14 councillor, confirmed the use of illegal entry points in the Mt Selinda area. He said the entry points are not only used by child traffickers from Mozambique, but other criminals such as Child trafficking between Zim and Mozambique deep-rooted


NewsHawks News Page 23 Issue 132, 19 May 2023 smugglers of illicit alcohol and second-hand clothes bales. Cattle rustlers from both Mozambique and Zimbabwe also use the entry points. “For some time, criminal elements have been taking advantage of the cross-border ecosystem that exists here since there are no physical boundaries. Families with relatives who belong of either side visit each other without any need for travel documents which is now making it easy for criminals who are evading Espungabera border whilst trafficking children, smuggling illicit alcohol or cattle rustling,” Nyanise said. Chief Mapungwana, who oversees a huge part of the area that borders Zimbabwe and Mozambique, lamented how the area under his jurisdiction is being used for criminal activities such as child trafficking. “A lot of children in the company of one or two adults pass through these dusty paths from Mozambique. The frequency usually escalates when something bad happens that side like a cyclone or the days when fighting was rife in Cabo Delgado,’’ he said. “As a leader I’m not happy with how my area has become a route for such illegal activities and it is my hope that more security that is not susceptible to corrupt tendencies be deployed here so that sanity can prevail.’’ The process of acquiring a child labourer A verification visit to Mbare by She Corresponds Africa revealed how acquiring a trafficked Mozambican child labourer is as easy as buying fresh fruit from a vegetable market. On 25 April, this reporter went to the ever-busy Mbare Musika bus terminus posing as a local resident, who was looking for a child labourer to sell eggs for her. She was told to come back the following morning and make a choice. Three different individuals, who include a Mozambican national called Obert Joaquim, were to bring the children. To the reporter’s surprise, on 26 April, three child labourers between the ages of 12 and 14 were waiting to meet their potential employer. None of the adults who came with them requested to see any identification documents from this reporter. All they were concerned about was how much the children were going to earn and whether or not they were going to be given accommodation. The child labourers had very little say in the negotiations except assuring this reporter of how hardworking and honest they were. The reporter offered US$5 per week including two meals and accommodation to each of the children. They agreed and were looking forward to starting work the following morning. The adults who brought the children charged this reporter a US$25 facilitation fee and demanded that the children’s salaries be handed to them as they were better placed to keep the money on their behalf. Popular boxer and Mbare resident Alfonso Zvenyika corroborated our findings. He said some people in the area are resorting to hiring Mozambican child labourers whose charges are way below what locals can take. “Most people here rely on vending, and one of the best ways they have been cutting costs is through hiring Mozambican kids who are willing to work for close to nothing. The life those kids are living is appalling, but hey, what can they do when things are hard like this?" he asked. Efforts to combat child trafficking While the Mozambican government has enacted policies such as the Prohibition of Child Trafficking in the most recent Penal Code that country enacted in June 2020 to push back against the predatory nature of human trafficking, the country has consistently struggled to adapt the infrastructure necessary to enforce these policies. The lack of manpower in the justice system limits its effectiveness and leaves a gap in Mozambique’s ability to prevent further trafficking. The Bourgen project says since 2020 Mozambique has witnessed an improvement in the prosecution of trafficking crimes and increased training for designated frontline workers to recognize and work on such cases. National awareness campaigns continue to bring this issue to light, exposing the presence of trafficking rings and highlighting the government’s goals to implement better policy. In Zimbabwe, a lot of efforts have been put in place to curb the country from being a source of human trafficking yet less mechanisms have been implemented to curtail it from being a transit and destination of the vice. Efforts to get a comment from Home Affairs and Cultural Heritage minister Kazembe Kazembe were futile as he did not respond to phone calls and WhatsApp messages. The Zimbabwe Trafficking in Persons National Plan of Action (NAPLAC) 2019-2021 notes that out of the 74 cases that were reported between June 2016 and December 2018, six convictions, nine acquittals and three warrants were recorded whilst 29 cases were dismissed for non location of witnesses, 10 are pending trial whilst 17 are still under investigations. The document further notes that in an effort to combat trafficking of persons (TIP) Zimbabwe ratified the Convention on Transnational Organised Crime (TOC) on 12 December 2007. Zimbabwe acceded to one of the protocols to the TOC, the protocol to prevent, punish and supress trafficking in persons especially women and children popularly known as the Palermo Protocol on 13 December 2013. The government went on to domesticate the Palermo Protocol through the enactment of the Trafficking in Persons Act (TIP Act) Chapter 9:25) in June 2014. The TIP Act provided for the establishment of an inter-ministerial committee comprising representatives from key line government ministries and departments to coordinate the national response to human trafficking. The committee has been established and is known as the Anti-Trafficking Inter-Ministerial Committee (ATIMC) and is chaired by the ministry of Home Affairs and Cultural Heritage. As part of capacity building for law enforcement officials, the Zimbabwe Republic Police has also begun including trafficking of persons in their training modules. But the trafficking of vulnerable children continues unabetted. Antonio Munguambe* going about his daily vending business in CBD Harare


Page 24 News Bard Santner Markets Inc executive director Lucia Chingwaru. NewsHawks Issue 132, 19 May 2023 BERNARD MPOFU EMERGING Harare-based financial institution Bard Santner Markets Inc and fast-growing global cash remittance start-up Kuvacash, founded by a Zimbabwean and his colleagues, have signed an agreement to enhance their operations across the country. The agreement, sealed during the recent capital markets investment conference in London, United Kingdom, gives the two partners a new broad reach and big footprint in the local cash remittance market. Bard executive director Lucia Chingwaru said the partnership will improve customer convenience and operational efficiency by the two companies. “We have walked in the shoes of our customers and understand their pain. Our focus is to create strong partnerships to create convenience and efficient networks that enable money to flow with as little problems as possible," Chingwaru said. "We are encouraged by the singing of this new partnership and look forward to customer-driven initiatives that will develop and endure into the future.” Chingwaru added that Bard will soon be bringing other new partners in the market to enhance its market operations and ensure clients get the best service available. The partnership between Kuvacash and Bard combines cutting-edge technology brought by the former and a nationwide footprint by the latter to "provide easy to use, fast and cost-effective remittances from the UK, with the aim of leaving more money in your pocket". The techno-efficiency arrangement will be enabled by Kuvacash’s advanced remittance technology and Bard’s nationwide payout network which includes Harare, Bulawayo, Hwange and Victoria Falls, among many other places. Bard is a new Harare-based banking and finance advisory firm founded last year by a consortium of local and regional financial players. It recently expanded its operations to Victoria Falls by setting up Bard Santner Offshore Corporate Services to tap into the growth potential of the Victoria Falls Offshore Centre. This came as Victoria Falls is becoming an emerging financial hub, with the Victoria Falls Stock Exchange, a United States dollar-indexed bourse which offers currency stability and certainty, as its heartbeat. Kuva was founded in 2017 by James Saruchera as a decentralised mobile wallet that enables its users to make instant secure transactions with minimal fees. The applied blockchain technology used in this business helps to keep funds safe, while the certified partner network makes both depositing and withdrawing funds easy and protected. Kuvacash was licensed in Zimbabwe in 2018. Its emergence was partly influenced by the need to preserve value in Zimbabweans' cash reserves in the aftermath of the devastating 2008 hyperinflation and the subsequent collapse of the national currency, which robbed people of their hard-earned savings and left a lingering sense of deep distrust in the banking sector. Banks around the world are now taking advantage of new technologies to streamline their operations and give clients better services. Yet disruptions of banks by technology has also seen a massive shift away from sending and receiving money through traditional banks. Financial technology (fintech) startups, including growing money remittance operations, now offer seamless digital banking services with little or no fees paid. While hedging against loss of value through inflation, Kuvacash provides locals with an advanced yet simple, secure and affordable solution for sending, saving and exchanging cash. Kuvacash, Bard sign new deal Chingwaru added: "Our vision is to ensure that there is seamless remittance of cash between people in diaspora and in Zimbabwe at low cost and higher levels of convenience. "So Bard is partnering remittance players such as Kuvacash to bring technology, convenience, cost savings and local understanding to its customers. This has enabled us to create an expansive branch network of payout points countrywide. "As we already know in the market, Kuvacash gives you the opportunity to send and receive money instantly and securely. With Kuvacash you can easily transfer funds with just a phone number to family, friends and suppliers. It has a team of over 60 staff across Europe, Africa and Latin America. "So synergies between Kuvacash and Bard bring to the market more convenience, security and efficiency in the remittance business. This will help customers immensely and also enhance financial business development in Zimbabwe as the future of banking and financial solutions keeps on changing due to technology, growing customer needs and dynamic financial intermediation." Kuvacash and Bard executives after signing the new deal.


NATHAN GUMA THE inaugural Mosi-oa-Tunya Festival, which promises to be an exciting multinational and cultural event, has launched in Harare, with organisers promising to rope in prominent players in business and the arts to help scout for talent, while promoting corporate social responsibility. The main event scheduled for August is set to provide a platform for businesses, investors and entrepreneurs to showcase their products, services and ideas, while creating networking opportunities for local and international businesses. Some of the key speakers earmarked for the festival include United Statesbased Fredy Muks, a board chairperson of Global Music at the Recording Academy (Grammy), conveners of the prestigious Grammy Awards. Speaking on the sidelines of the launch, the festival’s co-founder, Caroline Samuel, said more corporates have shown interest in supporting the festival. It will also feature business and tourism players, for instance, international real estate agent Karen Nyenga and Annabelle McKenzie, director of the Year of Return and Beyond Year of the Return for the Ghana Tourism Authority. The Year of the Return is a call by the government of Ghana to the African diaspora to return and be a part of the transformation of Africa using the West African country as a gateway. “The turnout was great. We had people who came through to support. We had the ambassador from Ghana, First Capital, Vintage Travel and Vintage Tours Pvt Ltd and a lot of other big names who came through to support us. The launch was a success and we are looking forward to a great festival in August,” said Caroline Samuel. On the commercial side, Samuel said they will take advantage of Victoria Falls' special economic zone status to create a financial hub and a theme park. She also said the festival will promote sports tourism, by creating medical centre so that sportspeople from around the continent and world will come through to Zimbabwe and have camp in Victoria Falls, which will bring investment to the country. As previously reported by The NewsHawks, the festival is set to promote corporate social investment in Victoria Falls through the extravaganza. Some proceeds from the festival are set to revamp Baobab Primary School in Victoria Falls, where the event is going to be held in August. “We are going to be putting Zimbabwe on the map. We are hosting the Sadc and international community. “With regards to CSR [corporate social responsibility], we are looking to partnership with IOAN Nurses in USA which are going to help use equip a nursing homes we have Victoria Falls and to help us with up-to-date equipment like blood pressure machines, bedding and beds to revamp the living conditions of the elderly living at the place,” said Sianne Adeosun, co-founder of the festival. “We are going to help the nursing homes by providing the nurses with some training as well. So, that is one of the programmes we have going on. The partners are also going to provide a new technology that would allow people get e-prescriptions which will scrap out situations where people go to hospitals and get charged a lot. So that is the technology that is going to be introduced through us, and is first coming to Victoria Falls.” News Page 25 Partners and delegates at the launch of Mosi-oa-Tunya Festival in Harare on Friday. Mosi-oa-Tunya Festival launched NewsHawks Issue 132, 19 May 2023


Page 26 International Investigative Stories WESTERN sanctions are meant to prevent Russia from supplying its military from abroad, but sensitive electronics are still getting through. Reporters traced several of these supply chains through Kazakhstan — and found that they run through companies newly established by Russians. It was one of the most harrowing scenes from the early days of Russia’s full-scale invasion of Ukraine: Desperate civilians fleeing the Kyiv suburb of Irpin over a shattered bridge as mortar shells thundered around them. In footage captured by Britain’s Sky News that day, Ukrainian soldiers can be seen firing into the air, trying to shoot down drones they believed were helping Russian forces adjust their aim. The incident was just a forerunner. In the weeks and months that followed, drones have emerged as a ubiquitous presence on Ukrainian battlefields. Many drone-shot videos, widely shared on social media, have become testaments to the resourcefulness of the country’s defenders. But as the scene near Kyiv suggests, the Russians have proven no less eager to take advantage of the technology. A database compiled by one researcher contains dozens of examples of Russian forces using drones — often lightweight, commercially available models — for reconnaissance, artillery spotting, and shooting propaganda videos. Many of these drones are foreign-made. In theory, the import of drones into Russia should have been choked off by Western sanctions. In practice, however, it is clear that avenues for their procurement remain open. And it’s not just drones. Advanced microchips — used in everything from missiles to demining robots — are also flowing into Russia from abroad. Reporters from IStories, OCCRP’s Russian partner, set out to learn how this was happening. In several cases, they found, Russian citizens who were already selling these devices before the war established new foreign companies that then became part of the supply chain. The routes traced by reporters in this investigation run through Kazakhstan, a country that has made efforts to remain on good terms with both Russia and the West. Kazakhstan is “trying to avoid any possibilities of sanctions evasion by Russia,” said the country’s foreign minister at a February press conference with the visiting U.S. secretary of state. But this was “very difficult,” he added, because both Kazakhstan and Russia are members of the Eurasian Economic Union, and trade between the countries is not subject to customs checks. Indeed, Kazakh trade data strongly suggests that the country is used as an intermediary destination for Russian drone imports. In 2021, before the full-scale invasion began, so few drones were imported into Kazakhstan that they did not even appear in official import-export data. In 2022, however, the country imported nearly $5 million worth of drones, almost entirely from China — and exported $1.23 million to Russia. The import of microchips, too, has skyrocketed: In 2021, official statistics show, $35 million of the components were imported into Kazakhstan, a figure that had grown only moderately in recent years. In 2022, imports more than doubled to over $75 million. At the same time, the export of microchips from Kazakhstan to Russia rose from a negligible $245,000 to $18 million — over 70 times higher. These findings reinforce earlier reporting by IStories that Russia appeared to be easily skirting sanctions restrictions, with both the Russian company that manufactures “Orlan” drones and the Rostec industrial conglomerate successfully importing Western components. “Sanctions are highly dependent on everyone coming together,” said Eric Woods, a specialist in export controls at the James Martin Center for Nonproliferation Studies at Middlebury College. “All companies should be doing due diligence on who they’re doing business with, especially with known sanctions evasion hubs. This is why secondary sanctions exist, and we can see governments pressuring other governments to be part of their sanctions regimes. More enforcement would be a good message that would increase compliance.” Countries like Kazakhstan may find that their scope for action is limited, however, since they share a border and a long history with their powerful neighbor. “Russia is able to coerce Kazakhstan,” Woods said. “I’m sure there are a lot of people in the Kazakh government that don’t like what’s going on. International InvestigativeStories Kazakhstan has become a pathway for the supply of Russia’s war machine. Here’s how it works NewsHawks Issue 132, 19 May 2023


International Investigative Stories Page 27 … But there’s only so much they can do even if they wanted to.” And while large companies may fear sanctions, Woods said, smaller operators that have found a niche as intermediaries are unlikely to care about punishment from the distant United States. “If I’m a Kazakh company who doesn’t do business with the U.S., and I’m making millions of dollars scamming the Russians, charging them three times as much for everything they want to buy — that’s a business,” Woods said. “Ultimately, these millions of little guys don’t shift the war in Putin’s favor on their own, but … they’re enough to give Russia the impression that they can do this. And as long as they can do this, the war is going to continue. The war will stop when Russia runs out of bullets.” Sky Mechanics Though some drones used in the war are custom-made or specialized military models, both Russia and Ukraine have also relied heavily on off-theshelf consumer products. Many are produced by DJI, a leading Chinese manufacturer. Faine Greenwood, the specialist who compiled the database of drone usage by both sides in the war, found that 59 percent of the drones she was able to identify were DJI products. The company’s drones also regularly feature in fundraising drives run by pro-war Russian Telegram channels. DJI has stated forcefully that its drones are not intended for military purposes, and as of last April it does not sell its products in either Russia or Ukraine. When a Dubai-based distributor of DJI drones was sanctioned by the United States last month for selling its products in Russia, DJI quickly said that the company was “no longer an authorized dealer” and said it had “thorough protocols in place to ensure we do not violate US or other jurisdiction’s sanctions.” Nevertheless, DJI drones are still being sold in Russia — and making their way to the battlefields. Among the vendors is a Moscow-based company called Nebesnaya Mekhanika. The firm, whose name means “Sky Mechanics” and which also uses the brand name “SKYMEC,” bills itself as a “leading distributor and integrator of DJI-brand drone solutions in Russia.” Listed on the company’s website as “partners and clients” are major oil and mining companies, mobile operators, and government bodies, including the state railway company, the emergencies ministry, and the interior ministry. But Nebesnaya Mekhanika’s transaction records, obtained by reporters, show that the company also sells DJI drones to various Russian military-oriented non-profits that are supporting the invasion of Ukraine. One of these is “People’s Front: Everything for Victory,” an organization that solicits donations to help equip Russian military units. The group is currently running a fundraising drive called “Fly, brothers!”— promoted by Vladimir Solovyev, one of Russia’s top propagandists — to purchase drones for the intelligence agencies of the breakaway pro-Russian parts of the Donetsk and Luhansk regions of eastern Ukraine. Last August, Solovyev wrote that 300 drones had already been acquired. People’s Front was still acquiring drones as of this year: In February, the organization bought one from Nebesnaya Mekhanika for 799,000 rubles ($10,800). On its website, the company advertises the DJI Mavic 2 Enterprise Advanced model for exactly the same price. Reporters found three other non-profits that spent a total of over 15 million rubles ($198,000) on drones from Nebesnaya Mekhanika: • Rys, a veteran’s organization near Moscow. Its only listed board member is a local deputy with the ruling United Russia party who had reached the rank of lieutenant colonel in the special forces. He could not be reached for comment. • The Kamchatka Regional Council of War and Labor Veterans. When asked whether its purchase was for military use, the head of the organization refused to respond and instead demanded that a reporter answer the question “Who does Crimea belong to?” • The Future of Kamchatka foundation, which was founded to “support social, charitable, cultural, and educational initiatives” but also sends supplies to Russian forces in Ukraine. The organization did not respond to requests for comment. But the largest purchaser from Nebesnaya Mekhanika in 2022 and 2023, spending over 485 million rubles ($7.5 million), was a company called “DJI Ars Moscow.” This firm appears to be tied to Nebesnaya Mekhanika — its owner, at least until 2021, was a Nebesnaya Mekhanika employee. Under the brand Digbox, DJI Ars Moscow sells drones and other items on Ozon, a popular online marketplace that Russian soldiers sometimes use to equip themselves for the war. But where does Nebesnaya Mekhanika get its drones? Russian customs data obtained by reporters shows that at least one of its sources is in Kazakhstan. In 2022, it imported over 500 drones from a Kazakh company called Aspan Arba. This company was registered in April 2022, a few months after the start of Russia’s invasion. According to Metalmininginfo, a Kazakh mining industry news outlet, it is the official dealer of DJI drones in Kazakhstan and supplies drones for mining, construction, rescue operations, and agricultural work. But there are numerous indications that Aspan Arba — which means “sky chariot” in Kazakh — and the Russian Nebesnaya Mekhanika are run by the same people. Both companies list a man named Ilya Golberg as their owner. The Kazakh company’s director, Mikhail Sapozhnikov, used to co-own Nebesnaya Mekhanika with Golberg. And according to a leak of phone numbers from CDEK, a Russian courier service, a phone number listed on Aspan Arba’s website is also the number of a Nebesnaya Mekhanika employee. Since there are no restrictions on importing drones to Kazakhstan, Aspan Arban is free to do so. According to Kazakhstan’s Ministry of Digital Development, the company has received licenses to import over 18,000 DJI drones for $45 million from DJI Europe B.V., the Dutch subsidiary of the Chinese drone company. Golberg, the owner of Nebesnaya Mekhanika and Aspan Arba, declined to comment for this story. A representative of DJI reiterated to reporters that the Chinese company and its subsidiaries had “voluntarily ceased all shipments and operations in Russia and Ukraine in April 2022.” “We notified our distribution network in these two countries and elsewhere that they must block any sale of products or spare parts to customers in these two countries, regardless of the intended end usage,” the company wrote. “We have updated our sales policy accordingly to reflect this. Our protocols ensure we do not violate sanctions from the United States or any other jurisdiction.” The DJI representative added that the company’s “cooperation” with Aspan Arba began in May 2022 and was not renewed in 2023. A Family Business Stek, registered at an apartment in the center of Moscow, advertises itself as a “young, successfully developing company” that trades in electronics components. According to Russian customs data, the firm imported microchips, diodes, transistors, and other items worth $4.2 million from Kazakhstan in 2022 and 2023. The customs data does not show who made these components, but indicates that they were produced in Hong Kong, Germany, the Netherlands, and Singapore. The buyers of Stek’s wares, according to its website, include the MEI Special Design Bureau, a developer of radio systems that is a part of Russia’s space agency, and Moskovsky Prozhektornyi Zavod, a power supply manufacturer for Russian strategic missile and air defense complexes. But according to Stek’s transaction records, which were obtained by reporters, most of the company’s sales in 2022 were made to a single company called Set-1. Set-1’s website is currently down, but an archived version shows that it “develops and manufactures special technology” for Russian military and law enforcement bodies, including remote-controlled robots called Sfera and Skarabei. The Russian military has used the company’s products in Syria and is now also employing them for demining operations on Ukraine’s occupied territories. In 2022, Set-1 supplied electronic equipment to Russia’s Foreign Intelligence Service, the FSB security agency, and Russia’s proxies in the self-proclaimed Donetsk People’s Republic in eastern Ukraine. The general director and owner of Stek, Ilya Silnitsky, did not respond to reporters’ questions. The head of Set-1, Sergei Efremenkov, also did not respond to requests for comment. Reporters were able to trace the origin of some of the components Stek imported from Kazakhstan. This January, customs data shows, it received a shipment of 2,598 microchips from a Kazakh company called Da Group 22. The same month, Da Group 22 had itself received a shipment of exactly the same size from a German company called Elix-St, based in Stuttgart. German trade data shows that, between 2018 and 2021 — that is, before the full-scale invasion of Ukraine — Elix-St exported nothing to Kazakhstan, but sold nearly $500,000 worth of electronic components to Russia. In 2022 and 2023, the situation was the other way around, with ElixSt sending nothing to Russia and hundreds of thousands of dollars’ worth of components to Da Group 22 in Kazakhstan. These included products made by major international manufacturers such as Analog Devices, Infineon, Texas Instruments, and STMicroelectronics, which say they no longer operate in Russia or have stopped shipping to the country. No one was home when a reporter visited the Elix-St office on the outskirts of Stuttgart and the Chernets’ nearby home. According to a resident of the neighborhood, the family was abroad: Evgeny and Elena in Cyprus and their “boys” possibly in Moscow or Kazakhstan. When contacted for comment, a law firm representing Elix-St confirmed that the company had sold electronic components to Da Group, but said it had been told they would be used “for dashcams.” In some cases, it said, it had received end-user certificates attesting to the components’ intended usage. The Elix-St representative denied that Da Group was owned by the Chernets’ son. As evidence, reporters were provided with an outdated Kazakh corporate record showing a man with a Kazakh name as its founder. According to current records, however, the company’s owner and director is indeed Alexander Chernet. “Well-Known International Brands” In another case, reporters found two similarly-named Russian companies that split the tasks of importing electronic components from Kazakhstan and supplying them to the defense industry. The Moscow-based company Prime, trading under the name “Prime Components,” advertises itself as a source of “electronic components for professionals.” “Our company sells only proven products from well-known international brands, confirming their reliability with domestic and international certificates,” its website reads. According to a government portal that provides public procurement information, Prime has delivered components to defense companies under the umbrella of Rostec, a state-owned defense conglomerate. One of its main clients last year was Elektropribor, which produces communications equipment for the defense ministry. Last year, Prime sourced over 100 million rubles ($1.4 million) in electronic components from a similarly-named Russian company called Prime-Ek. The two companies’ offices are in the same building, and a leaked phone number database shows that they also share a phone number. Customs data shows that PrimeEk itself acquired components worth $3.1 million from unknown Kazakh suppliers in 2022 and 2023. Its imports include products made by such Western manufacturers as Texas Instruments, Analog Devices, and STMicroelectronics. Reporters were not able to reach Prime and Prime-Ek to ask for comment. — Organized Crime and Corruption Reporting Project. NewsHawks Issue 132, 19 May 2023


Page 28 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] Marketing Officer: Charmaine Phiri Cell: +263 735666122 [email protected] [email protected] Subscriptions & Distribution: +263 735666122 Reaffirming the fundamental importance of freedom of expression and media freedom as the cornerstone of democracy and as a means of upholding human rights and liberties in the constitution; our mission is to hold power in its various forms and manifestations to account by exposing abuse of power and office, betrayals of public trust and corruption to ensure good governance and accountability in the public interest. CARTOON Voluntary Media Council of Zimbabwe The NewsHawks newspaper subscribes to the Code of Conduct that promotes truthful, accurate, fair and balanced news reporting. If we do not meet these standards, register your complaint with the Voluntary Media Council of Zimbabwe at No.: 34, Colenbrander Rd, Milton Park, Harare. Telephone: 024-2778096 or 024-2778006, 24Hr Complaints Line: 0772 125 659 Email: [email protected] or [email protected] WhatsApp: 0772 125 658, Twitter: @vmcz Website: www.vmcz.co.zw, Facebook: vmcz Zimbabwe Editorial & Opinion Another monument to corruption Dumisani Muleya Hawk Eye THE champagne socialists who run Zanu PF are an amusing lot. They throw a tantrum when Zimbabweans tell them the truth about the ruling party’s catastrophic economic mismanagement and ruinous leadership failure. Their kneejerk response is that such criticism is peddled by imperialists and their puppets. Well, Joaquim Alberto Chissano is neither an imperialist nor a puppet. The former Mozambican president is a founding member of the Liberation Front of Mozambique (Frelimo) and is the kind of leader who earned his stripes as a bonafide revolutionary in the halcyon days of post-independence euphoria. Chissano was in Harare this week in his capacity as chief facilitator of Zimbabwe's High-Level Debt Resolution Forum. Aso in attendance was the forum's debt dialogue champion and African Development Bank president, Akinwumi Adesina. Chissano was frank and forthright in his assessment of the challenges at the heart of what he called the Zimbabwean crisis. For decades now, Zanu PF mandarins have stridently denied that there is a crisis in this country — despite the glut of evidence as shown by extreme poverty, economic mayhem and political instability. The former Mozambican leader hit the proverbial nail on the head when he said Zimbabwe's multi-faceted crisis is hampering development in southern Africa. “The crisis in the country is having terrible consequences for the region, as Zimbabwe lies at the heart of southern Africa." Speaking at Zimbabwe's debt dialogue in Harare, Chissano added: "Many regional infrastructure development plans, including roads, railways and power transmission lines have been brought to a standstill, as they have to run through the country. The continental free trade is also undermined by the situation prevailing in Zimbabwe.” What now? Will the patriotic comrades in Harare denounce Chissano as a sellout, a counter-revolutionary and a running dog of imperialism? In the best traditions of Zanu PF's vacuous politicking, are they going to launch a blistering propaganda onslaught to haul him over the coals and tarnish him? They cannot afford to. Chissano was Samora Machel's Foreign minister and is credited with transforming war-torn Mozambique into a promising democracy. In 2004, Chissano refused to run for a third term in office — even though the national constitution allowed him to. Where in Africa have you ever heard of leaders who opt to step down despite the glorious opportunity to retain sweet power? It was by no fluke that he was awarded the inaugural US$5 million Prize for Achievement in African Leadership by the respected Mo Ibrahim Foundation. By refusing to perpetuate the tragic caricature of African leadership failure, he demonstrated to the world, in practical ways, that there is life after occupying high office. He now continues to serve the continent as a remarkable African statesman and consummate negotiator. We must learn from history. Chissano was best man at Robert Mugabe’s wedding to Grace in 1996. It beggars belief that Mugabe could spectacularly fail to learn from his own friend. In the end, Mugabe suffered the indignity of being ousted by a military coup in November 2017. His death in a hospital in Singapore was itself a metaphor for monumental failure. But even before his demise, he fell out with his former lieutenants and will be remembered for famously exhorting Zimbabwean voters to support the opposition. Since 2017, President Emmerson Mnangagwa’s government has squandered an outpouring of goodwill from Africa and the world. It is not "imperialists" who are demanding a credible general election in August. It is the people of Zimbabwe who want a clean poll, not only in line with the national constitution but also in fulfillment of the liberation struggle whose central motto was "one man, one vote". In February, Chissano warned President Mnangagwa that the Zimbabwean government needs to shake off its unfavourable reputation on the international stage before it can normalise relations with its creditors. Adesina, the AfDB chief, was also forthright this week in plainly stating that for Zimbabwe to move forward, governance issues should be taken seriously. "The issues are not just economic or financial. They also involve governance, rule of law, human rights, freedom of speech, political level playing field, electoral reforms that will assure free and fair elections; as well as fairness, equity and justice for the commercial farmers and other businesses who were dispossessed of their lands, for which there is a clear need for restitution and compensation," he said. Mnangagwa does not need Chissano and Adesina to remind him of all these important responsibilities. He simply needs to implement Zimbabwe's constitution and fulfil his own government's political and economic reform roadmap. Is Chissano now Western puppet, Cdes? NewsHawks Issue 132, 19 May 2023


New Perspectives Page 29 VISION 2030 and other developmental plans require plenty of energy. Zimbabwe has many reasons to worry about its energy security: lack of a sufficient strategic petroleum reserve, pollution and environmental problems, skyrocketing inflation, political instability, dramatic fluctuation of global energy prices and rising domestic energy prices, and severe shortages of electricity and water. The challenges facing the Zimbabwean government are to better manage its dependence on petroleum energy, Kariba Dam and to define a sustainable energy security path. With a lack of continuous attention and clear strategy to the energy policy undercutting Zimbabwe’s foreign policy and economic security, integrating energy security issues with other aspects of Zimbabwe’s foreign policy remains a challenge. Come to think of it, there is no energy crisis; only the crisis of ignorance. We will start with a look into Zimbabwe’s energy aspirations under Vision 2030. The Vision 2030 blueprint prioritises attainment of optimal generation of power from both renewable and non-renewable sources. This entails raising installed generation capacity, also through development of new power stations to achieve 95% urban and 75% rural electrification. Vision 2030 major power projects include Hwange Thermal Power Station, addition of Units 7 and 8 which is currently being done and Batoka Gorge Hydro-Electric Scheme, which involves construction of the dam, power station, and the power evacuation and transmission infrastructure. We also have the National Renewable Energy Policy, an important document in analysing the path towards energy security. The policy aims to have 16.5% of the total generation capacity (excluding large hydro) from renewable sources by 2025. This increases to 26.5% by 2030. The National Renewable Energy Policy and Biofuels Policy seek to promote optimal supply and utilisation of energy for socio-economic development.  We must appreciate that the government is focused and planning to overcome the energy crisis. There are many projects underway. The Hwange Expansion Project, The Hwange Life Extension Project, The Deka Upgradation Project, The Bulawayo Repowering Project,  The Munyati Repowering Project and The Batoka Hydro Power Project and also various smaller solar projects mostly being drive by private players. Of importance is that the government is willing to use the power of water in the form of hydro energy. However, there are a few technical aspects which may require more effort by the relevant officials and if ignored can cause serious financial and manpower damage. Here the headaches are associated with: Outdated generation, transmission and distribution systems; and Zero focus on improvement of existing system, line losses and maintenance of machinery. We also have noticed the obsession with dams. Dams may sound like a perfect solution for energy generation, but they come with difficult implications: For instance, high budgets as it takes a long time to construct a dam. We must also consider the usual lack of research on water reserve and climate changes. Kunzvi Dam is a good example which has been on the drawing board since 1995. Our policies are also putting little emphasis on monitoring and evaluation of solar projects. The targeted solar energy of 26.5% by 2030 is commendable and should be attainable if there is proper monitoring and evaluation of the licensed projects. Zimbabwe is blessed with a great irradiance graph, and solar can indeed be a major source of energy.  Coal Reserves Total proven reserves of coal amount to 553 million tonnes, which can power the country for the next 165 years and this potential is yet to be fully exploited. It is estimated that 12 billion tonnes of good quality coal reserves are situated in the middle Zambezi Basin to the north, and Save-Limpopo Basin in the south of the country. But why are our thermal power stations not producing enough and why is there no investment in new thermal power plants? While the rest of the world is using coal, why have we not thought of unlearning the clsims written in our books that our coal will pollute the environment and that coal is not a sustainable energy source? Harness engineering expertise Energy generation is a complete technical matter which requires critical analysis in planning, execution and implementation. There is also little emphasis on advanced technology. The situation calls for public awareness on electricity theft and on domestic solar plants for developing countries like Zimbabwe. The government should raise awareness through campaigns on the benefits of solar panels for domestic use. This will help to put the government at ease. Poor planning may lead towards loss of finances and technical skills as there is no technical data provided, and there is zero emphasis on advanced technology. In the current stage of industrialisation — especially in Zimbabwe — energy security is essential for economic development. Economic security, in turn, is a critical element of national security and should be an objective of foreign policy. Zimbabwe has various and plentiful natural endowments, such as minerals, metals, and coal, among other natural resources; it is not a resource-poor country. Full use of these resources will definitely lead to self-reliance and self-sufficiency. We can take help from our friend China by using its energy security model for promoting energy conservation through three corresponding objectives: economic efficiency, the reduction of poverty, and environmental preservation. To obtain economic efficiency, the energy sector is expected to transform from the current planned economy to the market-oriented economy. Zimbabwe needs to design its own energy security given its natural resource endowments, technological level, and potential growth. Though Zimbabwe has strong potential for growth in the hydro-power and natural gas sectors, in the short run it may consider making full use of its coal resources in order to alleviate dependence on Kariba Dam and imported oils. In the medium run or long run, Zimbabwe should build a low-carbon economy by conducting R&D in clean coal technology and developing renewable energy. Policies based on a single-minded pursuit of resources or a unilateral approach to energy security will lead to national energy insecurity and damage the credibility of Zimbabwe’s diplomacy. Like many countries, Zimbabwe realises that foreign policy should not be completely subordinated to resource diplomacy. Given the multi-faceted nature of energy security, multilateral agreements between nations and regions will become increasingly important in ensuring the availability of energy resources and possibly regulating their exploitation and consumption. Zimbabwe and other regional states may need to establish ties to coordinate in times of energy price and supply shocks so that member countries can better prepare for a sudden energy crisis and improve cooperation. The energy crisis will continue to pose challenges to Zimbabwe both in the short and long run. Foreign policy and domestic economic policy are inseparably intertwined. Energy policy should be an important part of foreign policy if Zimbabwe’s economy is to grow sustainably. Nevertheless, the country may need to continue to define and search for an energy security path in order to balance energy security with Zimbabwe’s accountability and responsibility to its nation, environment, and international society for a better, brighter, breathable future for next generations. *About the writer: Kaduwo is a researcher and economist. Contact: [email protected] or WhatsApp +263773376128. There is no energy crisis in Zim, it's ignorance Econometrics HawksView Tinashe Kaduwo Hwange Power Station NewsHawks Issue 132, 19 May 2023


Page 26 NewsHawks Issue 76, 15 April 2022 Business MATTERS NewsHawks CURRENCIES LAST CHANGE %CHANGE USD/JPY 109.29 +0.38 +0.35 GBP/USD 1.38 -0.014 -0.997 USD/CAD 1.229 +0.001 +0.07 USD/CHF 0.913 +0.005 +0.53 AUD/USD 0.771 -0.006 -0.76 COMMODITIES LAST CHANGE %CHANGE *OIL 63.47 -1.54 -2.37 *GOLD 1,769.5 +1.2 +0.068 *SILVER 25.94 -0.145 -0.56 *PLATINUM 1,201.6 +4 +0.33 MARKETS *COPPER 4.458 -0.029 -0.65 BERNARD MPOFU WORLD Bank country manager for Zimbabwe Marjorie Mpundu has completed her tour of duty, less than two years after her appointment as she takes up a new role as the multilateral lender’s legal counsel for Africa in Washington DC, The NewsHawks has established. Zimbabwe, currently ineligible to access loans from the World Bank Group, owes the Bretton Woods institution nearly US$1.5 billion and has been in arrears since the turn of the millennium. The debt-ridden government now relies on domestic resources such as taxes, debt instruments and expensive loans to finance some of its capital projects. Official figures show that World Bank Group assistance to Zimbabwe totalled US$1.6 billion between 1980 and 2000. Direct lending was suspended due to non-repayment. However, the World Bank remains fully engaged through trust funds such as the Zimbabwe Reconstruction Fund (Zimref) and the Global Financing Facility. High-level sources told The NewsHawks that Mpundu held her farewell dinner at the Meikles Hotel on Monday and the private event was attended by diplomats, senior government officials, representatives of international financial institutions and business executives. “During the meeting several speakers spoke highly of the achievements she made over a short period of time. Stella Illieva, the World Bank Zimbabwe office senior economist, is currently the acting country manager,” a diplomatic source said. During her first media briefing, Mpundu, a Zambian national, expressed her wish to see Zimbabwe come out of the woods and build a strong economy. She said just like neighbouring Zambia, Zimbabwe has enormous potential to turn around its economic fortunes if the southern African nation adopts neo-liberal reforms. In her short stint, she managed to play a critical role in the formulation of Zimbabwe’s debt resolution and arrears clearance programme which is currently being pursued. Durung Mpundu’s tenure, the Bretton Woods institution also managed to publish its first Country Economic Memorandum (CEM) in nearly four decades. The last CEM for Zimbabwe was done in 1985. The World Bank produces CEM reports in all countries that the financial institution works in. These reports take a long-term view of economic developments in the country and recommend policy options to support inclusive economic growth and poverty reduction. Mpundu holds an LLB from the University of Zambia, an LLM (international business) from the University of Manchester and an LLM (international law) from Cornell Law School. She joined the Bank in 2005 as a legal associate in the legal vice-presidency. She has since held various positions in legal portfolios covering Europe, Central Asia, Middle East and North Africa, including as decentralised senior counsel in Australia and in Kenya. Recently, she was the senior strategy and operations officer in the office of the vice-president for Eastern and Southern Africa. The World Bank is currently administering Zimref that was established in 2014 to strengthen the country’s systems for reconstruction and development. Zimref has multi-sectoral projects that support the business environment, gender, education, public financial management, climate change, state-owned enterprises and poverty monitoring. The US$150 million World Bank country portfolio also includes the Zimbabwe Idai Recovery Project, the Health Sector Development Project and the Kariba Dam Rehabilitation Project. The portfolio also includes the International Finance Corporation’s advisory programmes, namely the Victoria Falls Tourism Destination Program, Health Care Quality Assurance Assessment and Zimbabwe Warehouse Receipts Programme. WB manager completes tour of duty World Bank country manager for Zimbabwe Marjorie Mpundu (left) with Finance minister Mthuli Ncube


Companies & Markets Page 31 BERNRAD MPOFU ZIMBABWE’S Treasury is facing enormous fiscal pressure to increase the salaries of the government's nearly 300 000 public sector workers as the dramatic collapse of the domestic currency wipes out earnings, a new report by a local stockbroking firm has shown. After holding fort during the last quarter of 2022 after the introduction of several interventionist measures, the Zimbabwe dollar has in recent months been on a free fall. Numbers from the national statistical agency show that over 70% of all transactions are now being carried out in hard currency. The government and some private sector firms have over the months adopted a hybrid salary payment structure of paying part of monthly earnings in Zimbabwe dollar and in United States dollar. But the growing parallel premium of the greenback has piled pressure on the local unit, especially in an election year when fiscal spending is bound to surge. In March 2023, the Treasury approved a 2023 Remuneration Framework for civil commissions, and the Parliament of Zimbabwe, and grant government pensioners. “Mounting ZWL depreciation and inflation have significantly reduced purchasing power, a scenario that is likely going to increase pressure on the government to review salaries again,” IH Securities said in its monthly research note for April. “The ZWL portion of salaries was increased by 100%. However, with the local currency depreciating by 34% in April alone, we are likely going to witness another salary review in the short-term. "The month of April saw resurgence of economic turbulence in the economy as the local currency continued to slump against the greenback. The parallel market premium widened from nearly 65% at the beginning of the month to about 101% at the end of April as the RTGS posted a double-digit decline for the third straight month within the year. “Notably, civil servants were granted a 100% increase in the ZWL portion of wages within the period whilst policy rate was revised downwards possibly hinting to increased money supply,” IH said. “The central bank has been proactive with management of liquidity in the economy, with the most recent introduction being gold backed digital tokens.” Last week, Treasury announced a raft of measures to slow down rising inflation and rescue the beleaguered Zimbabwe dollar from collapse, but experts and sceptics warned the interventions may be inadequate. The dramatic collapse of the local unit has sparked a wave of new price increases across the country, prompting cabinet to set up a committee to arrest the surges. The country has also been has been hit by shortages of basic commodities in formal retail chains as the collapse of the local currency triggers hoarding and arbitrage opportunities. Treasury under pressure to review eroded salaries The Reserve Bank of Zimbabwe has been proactive with management of liquidity in the economy. NewsHawks Issue 132, 19 May 2023


Page 32 Companies & Markets PRISCA TSHUMA CEMENT maker Khayah Cement, formerly known as Lafarge Zimbabwe, has recorded 18% volume growth across the board for its first quarter ended 31 March 2023. Lafarge Cement Zimbabwe Limited rebranded to Khayah following the conclusion of the acquisition of the major shareholding by a local investment consortium. The group said the industrial performance increased with the installation of Vertical Cement Mill in the third quarter of 2022. As a result, cement and dry mortar product sales volumes closed 96% and 121% above the same period last year. “Growth in dry mortar products was partly driven by the strong demand for the agricultural lime range supagrow,” said the group. The aggregate volumes doubled against the same period in the prior year. Khayah Cement registered ZW$11.1 billion in net sales in the period under review, which was 131% above the ZW$4.8 billion achieved in the first quarter of 2022. With capital from the new shareholder, the company embarked on a short-term rapid high impact plan focused on specific deliverables to stabilise the business through capacitation of industrial operations and strengthening of logistics. This was necessitated by the business transition following the exit of Associated International Cement Limited in November 2022. “Funded through capital injection from the new shareholder, the programme involved expenditure to raise inventory, improve plant availability and modernise the laboratory equipment for quality assurance,” said the group. Adding on, the company purchased a fleet of bulk tankers to supply cement to large construction projects. However, clinker production declined by 28%, which resulted in the company discontinuing its sales and resorting to importing clinker to support production needs. Power voltage fluctuations continued to negatively affect the operation of the manufacturing plant and equipment. “Clinker volumes were impacted by the aforementioned inconsistent plant performance,” the company said. Going forward, Khayah Cement said, the company is optimistic of much improved performance as the year progresses based on the continued impact of management actions and investments made in the period under review. The group added that the increased milling capacity created opportunities for the development of high-strength cement varieties and consistent product supply. PRISCA TSHUMA FIRST Mutual Properties has reported 554% revenue growth to ZW$1.3 billion for the first quarter ended 31 March 2023, compared to the corresponding period last year. This increase was recorded despite the occupancy levels dropping to 84.55%, by 5 percentage points from 89.99% recorded in the same period last year. The company attributed the decline to net lettings in central business district office space. “Space absorption was insignificant during the month with demand for space remaining weak especially in the CBD offices and suburban shopping centre sectors with supply continuing to outstrip demand,” said the company. First Mutual added that the Highlands Park and Madokero developments added onto the available space, which continued to affect the setting of improved rentals in sectors. Due to the decline in foreign currency rates, businesses in the property market have resorted to use either purely United States dollar rental rates or quoting in purely Zimbabwe dollar currency, having converted the rentals at parallel market rates. Other players reviewed the US dollar currency base rentals upwards and indexed to the Zimdollar interbank rates rather than using the alternative market rates. “New lettings are mostly being concluded solely in the United States dollar currency. Purely USD currency rentals are discounted when compared to ZWL rentals payable at interbank rates due to the different exchange rates used,” said the realtor. In the quarter, foreign currency exchange rates fell by 35.9% using the Dutch auction interbank exchange rate and 35.3% on the alternative market. The company added that the depreciating local currency and restricted access to funds continued to affect development activities on the property market, with the majority of developments being mainly in the industrial/retail warehousing sectors. As investors sought to hedge value in property and improve balance sheet positioning, owner occupied office park style buildings, high-rise flats, cluster houses, residential house conversions, and new commercial developments in suburbs just outside the CBD and on major arterial routes increased. “However, cluster house developments have been seen to be putting pressure on existing infrastructure being sewer and roads which also needs upgrading,” added the group. Meanwhile, net property income increased by 485% during the period attributable to improved levels of rental income, which is the main component of the revenue. A total of ZW$51 million was applied to property maintenance during the quarter. Rental income growth also fortified the valuation of investment properties to ZW$137 billion as at 31 March 2023, a 25% fair value gain from the 31 December 2022 value of ZW$109 billion. The real estate company projected rental returns to be low because of the prolonged price discovery process for leases and the limited potential for rental prices to increase given the abundance of available space. The company said it would safeguard the value and manage cash flow to avoid major disruptions caused by market fluctuations in the market triggered by currency devaluation. “The group intends to achieve this by enhancing the quality of space to meet the demands of occupants, sustaining occupancy rates and earnings. Additionally, investments will be made in property developments to expand the property portfolio,” said the group. The board declared a first interim dividend of ZW$20.6 million being 1 667 ZW cents per share and an additional US$12 thousand being 0.001011 US cents per share from the profit for the quarter ended 31 March 2023. First Mutual revenue growth surges Khayah Cement posts 18% volume growth NewsHawks Issue 132, 19 May 2023


Companies & Markets Page 33 PRISCA TSHUMA LISTED companies have raised the red flag over the publishing of blended inflation figures, saying the development is presenting accounting headaches during reporting period. This comes after three commercial banking companies listed on the Zimbabwe Stock Exchange reported their trading updates in historical terms. In its first-quarter trading update, ZB Financial Holdings said its analysis was based on historical numbers, as the financial reporting in hyperinflationary economies is not practical. In January this year, Finance and Economic Development minister Mthuli Ncube endorsed Statutory Instrument 27 of 2023 implementing the use of blended inflation rate and halted the publication of Zimbabwe dollar inflation. “Due to this change in CPI measurement, the group was not able to provide the inflation-adjusted financial statements as a result to challenges created in implementing the blended inflation indices,” said the group. Also facing the same challenge, FBC Bank said it was reporting its first-quarter update in historical numbers because the blended inflation did not facilitate inflation-adjusted reporting. “The trading update is regrettably in historical terms due to the unavailability of relevant consumer price indices (CPI), which facilitate reporting in inflation adjusted terms,” the bank said. NMB Bank also published its trading update for the quarter in historical terms. According to Statutory Instrument 27 of 2023, “rate of inflation” means the general increase in price levels of goods and services measured as a weighted average based on the use of Zimbabwean dollars and United States dollars over a given period. This instrument was passed in response to the change from a mono-currency economy based on Zimbabwe dollars, which were depreciating, to the bi-currency economy dominated by the greenback. The Confederation of Zimbabwe Industries (CZI) in its research note criticised this instrument, saying it blurred the actual Zimbabwe dollar inflation, thereby affecting International Accounting Standard (IAS) 29 (reporting in hyperinflationary economies). “For accounting purposes, IAS 29 requires that all businesses with the Zimbabwe dollar as their functional currency publish inflation-adjusted accounts and this will require an official Zimbabwe dollar inflation rate. If such is not available, how will businesses with the Zimbabwe dollar as their functional currency comply with the requirements of the standard?” the CZI said. In agreement with CZI, Masimba Holdings Limited said the blended Consumer Price Index (CPI) might pose challenges in reporting its halfyear financials for the year. “The adoption of the blended CPI statistics for purposes of presentation of financial statements may not be appropriate, the full impact of which will be assessed at the group’s half-year reporting ending 30 June 2023,” said the construction company. According to experts, inflation accounting allows for a more accurate representation of a company's financial position and performance over time by adjusting historical financial statements to current prices, and by incorporating inflation adjustments into future financial projections. The CZI added that this change could result in prospects of distorted financials reported by local companies, which would erode public and investor trust on financials published by companies. According to the Zimbabwe National Statistics Agency, the annual blended inflation rate for the month of April 2023 was 75.2%, down from the March inflation rate of 87.6%. The month-on-month inflation rate in April 2023 was 2.4%, gaining 2.3 percentage points on the March 2023 rate of 0.1%. . . . companies claim govt figures misleading Zim inflation now 666%: Hanke NewsHawks Issue 132, 19 May 2023


Page 34 NATHAN GUMA THE controversial decision by Speaker of Parliament Jacob Mudenda to bar legislators from debating the Gold Mafia Scandal, followed by the Reserve Bank's move to unfreeze bank accounts and assets of the key implicated individuals has exposed the official stance towards corruption as a charade. Members of the public have expressed outrage, saying the government's initial assertion that the Al Jazeera exposé was being formally investigated by organs of the state was a naked lie. Last month, international news agency Al Jazeera aired the final episode in a four-part investigative documentary revealing how politically-connected elites have been looting the country’s gold and using it for money laundering purposes. The different gold smuggling syndicates who have allegedly been looting the precious mineral and salting away proceeds to offshore accounts have one common thread — links to President Emmerson Mnangagwa. Other people who sucked Mnangagwa into the vortex of action include his own Envoy and Ambassador-at-Large Uebert Angel, a self-styled prophet who is a key interlocutor throughout the documentary (Diplomatic Mafia), Rikki Doolan (Diplomatic Mafia), Ewan MacMillan (Mr Gold), Kamlesh Pattni and Alistair Mathias (Gold Trader — The Architect). Alistair claims to be Mnangagwa’s partner. Kenyan gold smuggler Pattni, in the final episode, shows multiple photos of him with President Mnangagwa, while offering to set up a meeting between the Chinese mafia (undercover Al Jazeera reporters) and the President. He revealed he makes payments every two weeks to State House through his young brother. The documentary alleges that Mnangagwa’s wife Auxillia and gold baron Pedzisai “Scott” Sakupwanya (New Mr Gold) are major players in the gold business. Sakupwanya has been building a war chest for Mnangagwa ahead of the 2023 general elections. In the first episode, Mnangagwa’s niece Henrietta Rushwaya was caught pants down promising to facilitate gold smuggling for the undercover reporters. This week, while Zimbabweans thought Parliament would exercise its oversight role in bringing the suspects to account, Speaker of Parliament Mudenda took a shocking decision, bluntly barring the National Assembly from investigating. “I wish to state from the outset that the matter is serious and of national importance. However, it is pertinent to note that the Zimbabwe Anti-Corruption Commission (Zacc) and the Reserve Bank of Zimbabwe (RBZ) have already started processes to investigate the matter. “In that vein, it would be improper for the Parliament to embark on an inquiry on a matter that other arms of state are investigating. In addition, the matters are of complex nature and may require extraterritorial visits due to the alleged involvement of foreign players. “In that regard, it is prudent to leave the investigations to specialised agencies like Zacc, and the Police are better placed to investigate matters. Parliament will continue to monitor the investigations and will play its oversight role when the specialised agencies have finished their investigations,” read part of his statement. The Reserve Bank, in similar fashion, said it would unfreeze bank accounts and assets of key individuals who are implicated in Al Jazeera's corruption-busting investigation into gold smuggling. The central bank said it has not found anything in its investigations, hence it was unfreezing bank accounts and assets of all those accused of economic crimes in the revealing documentary, officially closing the case and, importantly, normalising corruption. Political analyst Rashweat Mukundu says attempts to silence discussion on the corruption exposé show that the scandal is not a matter of concern to government. “I think there is a synchronised silencing of the Al Jazeera series documentary called the Gold Mafia. Everyone in a position of power in Zimbabwe is somewhat a beneficiary of this looting. And to me, the synchronised silencing statements by Parliament shows that this is not a matter of their concern. Statements by the Zimbabwe Anti-Corruption Commission (Zacc) that they are looking into it, with not put the process in place,” Mukundu said. “Statements by the Financial Intelligence Unit (FIU) of the Reserve Bank of Zimbabwe (RBZ) that they have unfrozen the accounts of those mentioned in the documentary for thieving, corruption and bribery clearly indicate that this is a matter that is being swept under the carpet. “Because, those that should expose this corruption are essentially the perpetrators or the actors in this corruption, including the party itself that has benefitted immensely through underhand dealings in minerals and other economic deals in this country. “I do not think that the looting of gold from Zimbabwe benefitted just a few individuals, but the party itself. Zanu PF, has been known to be funded through clandestine and often corrupt means,” Mukundu said. According to Zanu PF’s central committee report presented at the party’s 7th congress in Harare last year, the party has been mainly surviving on donations, with little contributions from membership fees and subscriptions as well as government grants and investments. The financial record shows that Zanu PF had income totalling ZW$1 606 130 701 and US$6 509 451 in 2022. Of the local currency component, ZW$1 222 300 000 was attributed to donations, while membership and subscriptions contributed ZW$17 946 201. The party has also been building a war chest on gold. In the fourth episode of the documentary, controversial miner Sakupwanya was exposed as President Mnangagwa’s man who has been helping him build a war chest ahead of the August 2023 elections. His company, Betterbrands, with over 132 claims in Penhalonga alone, currently manages mining and milling operations at Redwing Mine. Human rights watchdog Crisis in Zimbabwe Coalition (CiCZ) says the ruling elites are working to sweep findings of the scandal under the carpet in a bid to save Mnangagwa's face. “It is clear that there is conspiracy amongst duty bearers to make sure that the exposed the scandals in the Gold Mafia are swept under the carpet. It is clear that the Speaker of Parliament is also acting in cahoots with the Financial Intelligence Unit (FIU) to ensure that there is no proper investigation into this massive scandal,” says CiZC spokesperson Obert Masaraure. “What it automatically means is that citizens are on their own. It is up to the citizens to then find ways of fighting back this corrupt syndicate. A syndicate that has captured all the institutions of the state. All the institutions are now in the pocket of a syndicate. “And it is not surprising because the head of state was also fingered in the Gold Mafia, and the head of state is still to make any pronouncement, either to give clarity to any issues that citizens might want to know, or to try even to deny allegations laid against him as presumably the head of a criminal syndicate. “So, it is not surprising if the institutions are not moving an inch, because the person who is supposed to be chief executive officer of Zimbabwe seems not to be prepared to fight back against this scandal that was exposed in the Gold Mafia.” Parliamentarians have resisted Mudenda's gag order. Deputy chairperson of the Parliamentary Public Accounts Committee (PAC) Edwin Mushoriwa told The NewsHawks Mudenda's move is illegal. “We have been grilling the Deputy Speaker, Madame Tsitsi Gezi, on the issue. We wanted the Speaker in the House, but he did not turn up. The Speaker is not Parliament and has no legal standing to overturn a parliamentary plenary or committee resolution. “The Deputy Speaker said the Speaker will have to answer when he comes back,” said Mushoriwa. The Zimbabwe Coalition on Debt and Development (Zimcodd), one of the organisations which have been calling for an inquiry, says there is a need for the country to realign its corruption fight. “The future of the fight against corruption in Zimbabwe, all I can say is that it looks very bleak. There are no certainties and there is more to see when it comes to political will beyond, of course, the rhetoric of commitments and promises. We still have many hurdles to cross for us to win against corruption in Zimbabwe. The fight still faces a lot of resistance within institutions." Recent actions by the government have further cast into the spotlight government’s willingness to fight corruption. News Analysis Gold Mafia gag order, RBZ stunt expose anti-corruption charade Reserve Bank of Zimbabwe Building, Harare. NewsHawks Issue 132, 19 May 2023


Critical Thinking Page 35 Reversal of procurement secrecy notice: How and why was it published? VERITAS THERE has been a furore over a notice published in the Gazette a few days ago in which the President purportedly banned disclosure of information about the government’s procurement of medicines, equipment and materials for the country’s health institutions. Newspapers called it a “looting notice” and raised fears that it would be used to hide corruption.  Veritas commented on the notice and said it was ultra vires and contrary to the spirit of the law. The secretary for Information defended the notice, tweeting: “The idea is to disentangle purchases of emergency medical supplies or critical equipment repairs from the long-drawn procurement process.” However, the government then purported to withdraw the notice.  In a statement the Chief Secretary to the President and Cabinet said: “Upon further investigations, it has come to light that the socalled Government Gazetted Notice is a nullity, having been published without authorisation, and without the signature of the Chief Secretary to the President and Cabinet, as is the norm. “While further investigations are underway, Government wishes to advise the public that, on the instruction of His Excellency the President, the document in question has been rescinded as it has no standing at law, in policy and in terms of set Government procedures.  It thus should be disregarded.” Unfortunately the notice cannot be simply disregarded, because until it is formally repealed by another gazetted notice or set aside by a court it remains the law. There are also important questions which remain to be answered: How could the notice have been published without the President knowing about it? How can the publication of unauthorised notices be prevented in future? Who was the author of the notice and what was he or she trying to achieve? Procedure for publishing statutory instruments and notices There is a long-standing procedure for publishing statutory instruments and notices in the Gazette: First, the ministry or department which wants the instrument or notice published prepares a draft, following internal procedures for getting authorisation from the Minister or Permanent Secretary. The draft is then sent to the legislative drafters in the Attorney-General’s Office, who vet it to ensure it is legally valid and correctly drafted.  The vetting process may entail the preparation of further drafts and consultations with the ministry or department from which the draft originated. Once the legislative drafters are satisfied that the draft is valid and in proper form, they prepare a hard copy and stamp and initial each page and then return it to the originating ministry or department. The originating ministry or department then send the stamped and initialled draft to Printflow, the government printer, for publication in the Gazette.  The Gazette editor has instructions not to accept drafts for publication unless they have been stamped and initialled. If these steps are followed, unauthorised or rogue instruments and notices should be detected and stopped before they are published in the Gazette. Can the procedure be improved? Obviously the procedure has holes, because the rogue procurement notice allegedly slipped undetected into the Gazette.  And this is not the first time it has happened: there have been cases in the past when statutory instruments have had to be withdrawn because they were not authorised by the Minister who was supposed to have made them.  Also at least one Bill has been published — the Provincial Councils and Administration Amendment Bill of 2021 — which was so badly prepared it can never have been seen by the legislative drafters in the Attorney-General’s Office. The procedure could be tightened by taking a leaf out of Zambia’s rule book.  In that country the government printer does not accept draft instruments and notices for publication in the Gazette unless they are signed or initialled by the minister or other authority responsible for issuing them.  If our Gazette editor were to insist on this, so that, in addition to soft copies of instruments and notices, he or she receives hard copies signed or initialled by the responsible Minister and stamped and initialled by a law officer in the Attorney-General’s Office, it would be almost impossible for unauthorised instruments to get into the Gazette. However, even if the procedure is tightened one rather troubling question remains to be answered. What was the author of the rogue notice trying to achieve? According to the secretary for Information, the purpose of the notice was to avoid long-drawnout procurement processes for purchases of emergency medical supplies and equipment.  This explanation does not hold water. First, the notice does not circumvent or shorten the procurement procedures laid down in the Public Procurement and Disposal of Public Assets Act;  the notice merely prohibits public disclosure of them. Second, the Act itself, in section 3(7), gives the Procurement Regulatory Authority power, for good cause shown, to exempt any procuring entity from the need to comply with any provision of the Act.  So if the ministry of Health needed to buy medical supplies and equipment urgently it could have approached the Authority for permission to shorten or leave out some of the procedures laid down in the Act. What then was the notice intended to achieve?  It is easy to think of illegitimate objectives — concealing corruption, for instance — but hard to think of legitimate reasons for it.  So what was its author thinking when he or she drafted it?  And who was the author? The Chief Secretary’s statement talked of “further investigations” being made into the notice.  It is to be hoped that the outcome of the investigations will be made public to reassure Zimbabweans that the notice, though mistakenly published, was intended for a proper purpose and that similar mistakes will not occur again. *About the writer: Veritas is an independent organisation that provides information on the work of the courts, Parliament and the laws of Zimbabwe and makes public domain information widely available. Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied. — Veritas. Chief Secretary to the President and Cabinet Misheck Sibanda NewsHawks Issue 132, 19 May 2023


Page 36 Reframing Issues TONY REELER/IBBO MANDAZA An audit of the country’s pre-election environment through a series of election policy discussions on every aspect of the electoral process came to unanimously negative conclusions. It pointed out that many recommendations from international observers from the 2018 elections had been ignored, as had most of the recommendations by the Election Resource Centre and the Zimbabwe Election Support Network. But it cannot be business as usual. ELECTIONS in Zimbabwe since 2000 have not passed the test of best practice. Each one has led to electoral disputes in the courts and negative reporting by reputable election observer groups. However, the political context was very different in each of those elections. Some of them (2000, 2005 and 2013) took place after long periods without civil strife, while others were held in a climate of economic turmoil or serious political violence (2002, 2008 and 2018).  In each of those elections the pre-election periods were very different, as were the polls. And apart from 2008, every election saw  Zanu-PF  elected into government. The election in 2023, however, takes place in a wholly different context. First, the country has not been in such dire circumstances before, with inflation rising rapidly, the economy sagging to unprecedented depths, food insecurity at world-beating levels and most of the population living below the poverty line. Scarcely the conditions in which a government is likely to be re-elected. Second, all the political forces in the country are in disarray. Despite the rhetoric, both Zanu-PF and the  Citizens' Coalition for Change  (CCC) are fragmented, fractious and deeply distrusted by the general population. For example, an Afrobarometer survey in 2022 indicates that only 27% support Zanu-PF, 26% the CCC and 46% are “reticent” (would not vote, refused to answer, or didn’t know). With so much at stake, it is obvious that the quality of this election, and the effect that this can have in moving the country from international disfavour to re-engagement, matters enormously. It cannot be business as usual.  To determine whether these elections can meet the standards of best practice, the Sapes Trust  and the  Research and Advocacy Unit  (RAU) have undertaken an audit of the pre-election conditions, and the probability that Zimbabwe will pass the test.  During the course of nine policy dialogues, 26 local, regional and international election experts have discussed every aspect of the electoral process leading up to the 2023 poll. The discussions ranged from technical issues, such as the independence of the Zimbabwe Electoral Commission (Zec), delimitation and the voters’ roll, to the more citizen-critical issues like political violence, Press and media freedom, and the role of the courts in elections. Audit of pre-election environment Analysis of the nine previous election policy dialogues was organised around the five pillars originally posed in the first dialogue in August 2022. The conclusions from this dialogue were unanimously negative, pointing out that many recommendations for international observers from 2018 had been ignored, as had most of the recommendations made by the  Election Resource Centre  (ERC) and the Zimbabwe Election Support Network  (Zesn). Between the participants, they identified the following major problems: • The lack of independence in the Zec remains a significant concern; • Voter registration remains a concern, both because of the low uptake by citizens and the difficulties in getting identity documents; • The non-availability of the voters’ roll and the impeding of independent audits remain problems; • Voter education remains constrained and unduly controlled; and • The extreme political polarisation in Zimbabwe creates unfavourable political tensions for the holding of peaceful elections, as well as making the likelihood of a level playing field remote. Ten months later, it was evident from the discussion on 4 May 2023 that very little has changed. The one aspect not covered in the initial discussion was district delimitation, but as is evident from the two dialogues on delimitation, this has been wholly unsatisfactory: the report was disowned by a majority of the Zec commissioners and is the subject of court challenges. Analyses of the report indicate poor compliance with the constitution. Additionally, the refusal by the Zec to make the voters’ roll available for independent audit has similarly led to a court challenge. For those not familiar with the arcane world of boundary delimitation in Zimbabwe, the process is the exercise ahead of an election where the electoral There cannot be any confidence in Zimbabwe’s upcoming polls ‒ and their quality matters enormously Members of the Zanu PF Women's league at the National Heroes Acre. EPA-EFE NewsHawks Issue 132, 19 May 2023


Reframing Issues Page 37 commission divides the country into constituencies so that every constituency has the same number of voters. This can never be perfect, because voters move, populations in wards and districts change, etc, so the Zimbabwean constitution allows some variance (20%). There was great concern that the Zec had interpreted the variance rule to accept a 40% variance. The analysis of the five pillars —  information, inclusion, insulation, integrity and irreversibility  — and the assessment of these received general assent from the participants, although assigning a pass/fail grade as the overall measure was felt to be insufficiently nuanced, as there had been some minor improvements. The registration blitz, the relaxation of ID requirements, the partial opening of the media space (local radio) and the establishment of quotas for women and young people needed to be noted. However, many problems were still evident. Pillar 1: Information This pillar refers to the  openness of the media  to reflecting the multiple perspectives of the electoral contestants. It also refers to the need for a non-partisan state Press and media. It also refers to the ability of citizens to engage with politicians and attend meetings and rallies without fear and constraint. The issue being addressed here is the extent to which the basic freedoms are present for citizens in the pre-election period: speech, assembly and association.  The following problems were identified in the dialogues: • Multiple recommendations have been made by domestic and international observers about the need to ensure a non-partisan public press and media; • The degree to which journalists self-censor out of fear, and the risks in reporting and attending public meetings. It was evident from the discussions that freedom of expression, movement and association are severely restricted for the independent press and media; • Meetings of the CCC are banned or disrupted, sometimes violently; • The levels of hate speech, and the casting of opposition political parties as enemies,  preclude the notion that this is a competition to persuade the citizenry which party has the best policies to govern the country and meet their aspirations; • Citizens both fear elections and elect not to participate other than by voting; and • The  Private  Voluntary  Organisations  Act  will affect domestic observation of elections and the inhibiting of independent collection of data —  especially about the counting of votes — about the election. Pillar 2: Inclusion  Inclusion  refers to the notion that elections are about free and equal participation in the electoral process. It refers to the ability of citizens to register as voters, to obtain information (directly and indirectly), to be free from intimidation and violence, and for all forms of partisanship to be absent.  The following problems were identified in the dialogues: • The impunity of state institutions; • The partisan behaviour of traditional leaders; • The partisan nature of institutions, such as the Zimbabwe Republic Police, that should be tasked with ensuring inclusion and insulation; • The role of youth militia; • Political violence, and all the other methods of inhibiting free participation in elections  —  intimidation, hate speech, partisan access to resources and judicial harassment — were all flagged as worsening; and • Concerns about the partisan behaviour of traditional leaders, and the frank statements by traditional leaders about support for Zanu-PF in flagrant violation of the constitution. Pillar 3: Insulation Insulation  refers to both the ability to freely register as a voter and to freely vote, which have been problems in most elections in the past two decades.  The following problems were identified in the dialogues: • The right to register has been impeded by the difficulty in getting the requisite identity documents necessary for registration as a voter; • Discrimination in favour of rural residents in getting access to identity documents and registering as voters; • Continued complaints about the allocation of polling stations between rural and urban areas, and often the very long delays for urban voters; • The need to improve the transparency of the counting process and remove the insistence that only the Zec is entitled to publish results; • Little evidence that the recommendations by local and international observers have been taken on board by either the Zec or the government; • The role of domestic observers is crucial in the effectiveness of outside observers, since few of the latter can provide the breadth of cover or the extended time that domestic observers can; and • The Private Voluntary Organisations Act will seriously impede domestic observation through the burdensome conditions imposed on NGOs. Pillar 4: Integrity Integrity refers to the impartiality and accountability of the election management body, the Zec. Integrity also requires all institutions to evince impartiality and accountability through the entire electoral cycle, covering all the antecedent conditions for the vote, the counting and reporting of the outcome, and through to the transparent and impartial dealing with disputes by the courts.  The following problems were identified in the dialogues: • The lack of independence in the Zec remains a significant concern. There were frequent references to the apparently partisan affiliation of some of the commissioners, and to the presence of staff who have unclear affiliation to the military; • Voter registration remains a concern, both because of the low uptake by citizens and the difficulties in getting identity documents; • The non-availability of the voters’ roll, and the impeding of independent audits remains a problem, as in the past; • Voter education remains constrained and unduly controlled; • The failure of best practice on delimitation  and an absence of  impartiality and equality; and • Representative - ness,  non-discrimination and transparency. Pillar 5: Irreversibility Irreversibility refers to several things.  First, that there is no reversing or tampering with results: the count and the outcome must reflect the will of the people. Second, it refers to the acceptance of the results by the loser. Irreversibility also deals with the judicial process in the management of disputes —  effectively the extent to which the courts, both lower and higher, are wholly independent in dealing with disputes.  The following problems were identified in the dialogues: • Partisan judicial processes, both during the pre-election process and in electoral petitions; • Undue delaying of petitions; • Unnecessary and harmful curtailing of petitions; • Weaponising of the judicial system through spurious prosecutions (Mahere) or denial of bail (Sikhala); and • Failure to follow through on judgments (Charumbira and contempt). A major point in the discussion was over the publication of results and the final authority of the Zec in publishing results. The point was made that once the count has taken place, the returning officer and the party representatives have agreed on the result, and the V11 form is posted outside the polling station, should the general public, the press and observers not be entitled to collect and collate results as they come in? This is common practice in many countries and, as pointed out in one dialogue, took place in Kenya. There was disagreement over the desirability of independent collating and reporting on results. One view was that this leads to greater confidence in the electoral process, while the contrary view was that this will lead to dispute and should be left only to the Zec. An additional point raised was the lack of a transitional mechanism in finalising the election and establishing the government, as is increasingly the case in many countries. This describes a set of legal procedures to be followed after the final count, and not merely declaring the winner and swearing in the president. Conclusions The objective behind this election policy dialogue series was to arrive at a clear understanding about whether the country was ready to meet national, regional and international best practice requirements on the holding of elections. The standards to meet the criteria of best practice are laid down in Zimbabwe’s constitution and its Electoral Act, but should also conform to the Sadc Principles and Guidelines Governing Democratic Elections as well as the  African Charter on Democracy, Elections and Governance  of the African Union. There are also the recommendations given repeatedly by  international observer groups, by one count 114 of these, after the 2018 elections. The short answer is that this audit suggests that there cannot be any confidence in the forthcoming elections. The conclusions for each of the pillars is that there are severe deficits for each and every one, and the examination of how each pillar reinforces each other amplified this. In many ways, the pre-election process looks worse than it did in 2018, and many forms of bad electoral practices not seen in the past two elections —  in 2013 and 2018 —  have returned with memories of the very bad elections in 2000, 2002 and 2008. This pre-election audit indicates that the conditions for a free and fair election are absent, and there is little possibility that the multiple reforms necessary can be achieved in the short time remaining. Thus, the kinds of recommendations that can be made must focus on what must be done to deal with a flawed election. There seems little doubt now, with the  decision by the constitutional court  dismissing the application to set aside the delimitation, that elections will take place, underlining the concerns raised in the elections policy dialogue about all the secrecy around setting the date for the elections this year. If the hopes that an election can cure the country from the effects of the coup and restore the country to legitimacy and international re-engagement cannot be met, then the focus must shift to a more political process, and one in which the international community — regional, continental and international — must play a significant part.  The consequences for Zimbabwe and the region are too serious for it to be business as usual following another failed Zimbabwean election. As pointed out elsewhere, Zimbabwe has reached its “Lancaster” moment. The desperate citizens deserve better than more form without content – they deserve a serious intervention to lift them from increasing penury and hardship. *About the writers: Tony Reeler is senior researcher at the  Research and Advocacy Unit. Ibbo Mandaza is director of the Sapes Trust. NewsHawks Issue 132, 19 May 2023


Page 38 DR PHILLAN ZAMCHIYA Dear Reader, I HOPE I find you well. In this article, I attempt to answer three topical issues in relation to Zimbabwe’s upcoming general election. When is the general election going to be held? Will the general election be postponed? When is the actual election date going to be set? Reader, I try to answer these three questions as a student of constitutional law and politics. First, when is the general election going to be held? I posit that a lawful election can only happen between the 20th and the 26th of August 2023. This is in contrast to the dominant proposition in the public domain that states that the election is constitutionally due between the 27th of July and the 26th of  August 2023. Politically, any date between 20 and 26 August 2023 will not make any fundamental difference to the election dynamics. However, if the election is held on any other date, it will be a violation of the constitution and that will result in Constitutional Court challenges. Why then is it that some commentators and the media are erroneously propagating the  election period between 27 July and 26 August? Reader, this is because section 158 (1 a) of the constitution is clear that a general election must be held so that polling takes place not more than 30 days, meaning not earlier than 30 days, before the expiry of the President’s term of office. Mnangagwa was sworn in as President on 26 August 2018. So no voting should happen earlier than the 27th of July 2023 which marks 30 days before the expiry of Mnangagwa’s term. At the same time, an election cannot be held after 26 August 2023 because Mnangagwa’s term of office would have expired. This means that voting will have to take place between the 27th of July (not earlier than 30 days before Mnangagwa’s term expires) and the 26th of August (not after the expiry of Mnangagwa’s term). This the constitutional provision that many commentators have emphasised giving a wide range of an election period as between 27 July and 26 August 2023. However, my departure point is that section 158 (1a) should be read together with section 161 (2) of the constitution to give a more precise answer as to when polling will take place in the current context. Reader, this is important because according to section 161 (2) of the constitution, if the Zimbabwe Electoral Commission (Zec)’s delimitation of new electoral boundaries is completed less than six months before voting day in a general election, the new boundaries so delimited cannot apply in  that election. The President gazetted Zec’s new delimitation report on 20 February 2023 in line with section 161 of the constitution. As a result, six months after 20 February takes us to 20 August 2023. Reader, this means if the new electoral boundaries are going to be used, the election cannot happen before 20 August according to section 161 of the constitution and we already know the election can also not happen after 26 August as enshrined in section 158 of the constitution. Hence if both sections are read together, a lawful election can only happen between 20 and 26 August 2023. However, can the general election be postponed? It is highly unlikely that a general election due between 20 and 26 August 2023 will be called off barring unforeseen events such as an earthquake, a disease outbreak like Covid-19 or civil war. I do not even think that the court case challenging the validity of the delimitation report and seeking to postpone the election will succeed. Never mind that, constitutionally, there is no explicit provision for the postponement of elections. This is not because of the court case’s merits or lack thereof.  Reader, the dominant precedence in world politics is that when politics and law clashes, politics seem to always prevail. Rather, one needs to understand the nature of the post-colonial Zimbabwean state and its politics to appreciate why the election is most likely not be postponed. Zimbabwe has held regular general elections when constitutionally required to since the end of colonial rule in 1980. However, Zimbabwe’s holding of regular elections does not suffice as a measure of democracy. In fact, across the world, governments are holding more and more elections but the democratic quality of elections is arguably declining. Since the end of the Cold War, even hardcore authoritarian leaders have realised that it is better to hold and manipulate general elections than not to hold them at all for legitimation. This is a trend Africa has recently witnessed in Djibouti, Cameroon and Equatorial Guinea, Chad, Uganda and the Republic of Congo. This approach of holding elections without a choice has produced less electorally closed authoritarian regimes but more competitive electoral authoritarian regimes and this is where Zimbabwe fits, in my analysis. By allowing periodic elections, the Zimbabwe government tries to embrace at least a semblance of democratic legitimacy, hoping to satisfy external actors like the Commonwealth, the African Development Bank, United Nations, foreign investors, Western nations, regional and continental allies as well as internal actors. At the same time, by placing the election under tight authoritarian controls they still show no apparent intention of surrendering power. Reader, if the election is not going to be postponed when then is the election date going to be set? It is the President who has the constitutional prerogative to fix the election date. However, there are two significant issues to consider provided in section 38 of the Electoral Act. First, the President must allow between 14 and 21 days after the publication of the election date for the nomination court to sit. Second, the voting day that the President must set should be between 30 and 63 days after the sitting of the nomination court. So legally, one can only hold an election between 44 and 84 days after the presidential proclamation. Reader, this simply means an election cannot happen in less than 44 days from the day Mnangagwa announces an election date. At the same time, this means an election can also not happen more than 84 days from the day Mnangagwa announces the polling date. There will at least be 44 days and at most 84 days to prepare from the day Mnangagwa announces the election date. For example, in 2018 Mnangagwa set the 30 July election date on 30 May and that allowed for 60 days which fell between 44 and 84 days as required by law. Given my proposition that the general election must be held between 20 and 26 August 2023 to meet the constitutional test, allow for the nomination court to sit and a decent campaign period thereafter, it is most likely that the President can proclaim the election date any day between 28 May and 7 July 2023 and you can factor in a very small margin of error. However, based on political praxis, the proclamation to set the election date is likely to be in the week of 29 May to 2 June 2023. Again, allow a very small margin of error. Any proclamation in late June to July, though legal, will politically cast the poll as a "snap election". A snap election is one that is called suddenly and without a long political campaign period. Some authoritarian leaders use a snap election to ambush the opposition. In also do not foresee a late proclamation because can trigger a crisis or shambolic election given financial and logistical demands for a harmonised election and Zec’s state of unpreparedness. Reader, in future it is good for electoral democracy for the election date to be clearly stated in the law so as to minimise manipulations and ambush by the political incumbent. For now, we are saved by the delimitation exercise and our reading of the politics to know that the general election must happen between the 20th and the 26th of August 2023. Zim’s general election must be between the 20th and the 26th of August 2023 President Emmerson Mnangagwa NewsHawks Issue 132, 19 May 2023


Page 39 The following prepared remarks were presented by constitutional lawyer and spokesperson of Zimbabwe's opposition Citizens' Coalition for Change, Fadzayi Mahere, at the 15th annual Geneva Summit for Human Rights and Democracy. The tragedy of Zimbabwe TWO years ago, I woke up in an overcrowded jail cell in Zimbabwe’s Maximum Security Prison. No water. No toilet. No underwear. No dignity. No rights. Inmates ate watery porridge with their bare hands because spoons are not allowed. Before lights off, we had to line up in queues for roll call – groups A, B, C and D. D was for Dangerous. Even though the other women there had committed crimes such as murder, armed robbery and infanticide, I alone was put in the dangerous group. I had committed the dangerous crime of tweeting against police brutality. Local police had been captured on camera smashing a baton stick into the windshield of a small public transport bus. In the video that went viral online, stood a woman, crying and grabbing the policeman by his collar. She was surrounded by a mob of people yelling that the policeman had killed a baby. The baby lay motionless and pale in the woman’s arms. By all accounts published online, the baby had died yet the state denied the death. In the face of public outrage, the police themselves issued a statement that they would investigate. I joined the country in calling for justice.  I tweeted, condemning this act of rogue policing and the unconstitutional and disproportionate use of force that had caused the death of a child. Thousands tweeted about it but they targeted me, a vocal opposition politician, for arrest. They alleged that I lied that the baby had died. The violent policeman was never brought to book. This is how I wound up in a maximum-security prison, charged with “communicating falsehoods prejudicial to the state.” This offence has long been struck off the statute books by Zimbabwe’s Constitutional Court. However, in a nation where the Govt is at war with citizens demanding a better society, human rights don’t seem to matter. The legal system is weaponised as a tool to silence, intimidate and harass. I was convicted four weeks ago and narrowly escaped a 20-year prison sentence. I walked away from the ordeal knowing that unless there is true change in how Zimbabwe is governed, we are all serving a collective prison sentence. Nobody is free. The experience was more stark for me because I came out of the womb knowing I would become a lawyer – I love to talk. I love to argue. Despite growing up under Robert Mugabe’s dictatorship, the ideals of justice & fairness became the dreams my older self would live to pursue. Life would later provide me an opportunity to work for the United Nations War Crimes Tribunal for Rwanda and for the International Criminal Court in The Hague. It was during these times, that the need for truth and justice for Zimbabwe’s own 1982 genocide, infamously described by Mugabe as “a moment of madness” came again to the fore. ProseFadzayi Mahere human rights speech which rattled Zanu PF cuting crimes against humanity and war crimes in places like Darfur, the Eastern Congo and the Central African Republic brought Zimbabwe’s oppressive reality into sharper focus for me. Ours has been a slow burning struggle for democracy following a liberation war of Independence that provided the illusion of freedom but no tangible sign of its much-needed fruit. Over time, I have come to learn the complexity of history, that those who were once modelled as heroes can eventually morph into the very villains they once fought. Colonial oppressors and post-independence dictators have that one thing in common – they both play from the Dictators’ Handbook. It is the citizens who suffer. But just like the international courts and tribunals I worked in, where there is injustice, there is also hope that a few good men and women will fight the cause of justice where ever it may lead them. In 2016, after returning to Zimbabwe upon the completion of my studies and international work, the government announced the return of the world-famous Zimbabwe dollar. I was horrified. But I also saw, for the first time, an opportunity to publicly speak truth to power. I stepped out of my comfortable, safe, professional world into the more treacherous world of political doers, actively calling out the injustice and illegality. Before I knew it, I had entered the dictator’s arena, naively paving the way for the dangerous political journey I now find myself on. Inspired by Evan Mawarire’s #ThisFlag campaign, I experienced an awakening. He started a movement that urged Zimbabweans to speak up, demand accountability and be active citizens. I registered to vote, attended protests and got arrested but I kept going back because of the clarion call that we must be relentless in the pursuit of what is right. Soon, we realised the limits of activism. Movements get people excited, but they cannot change the political system. Only active, ethical political participation can drive lasting social change. So when most women my age were getting married and starting a family, I announced my candidacy as an independent Member of Parliament for the constituency of Mount Pleasant. I ran for office under the tagline #Bethechange — for it is only when individuals step out and are counted that change takes root. We must intentionally shape the world into a better place and not accept it for what it is. I believed that if our campaign could just inspire hope and a thirst for change, I would change everything, but the person I changed the most was myself. I eventually lost the parliamentary seat but I gained a cause undoubtedly bigger than myself, a pursuit for justice and fairness that goes deeper than the law but is personified in the everyday lived experience of the ordinary Zimbabwean. I have seen hope in action as I have proudly taken on the role of spokesperson for the Citizens' Coalition for Change, the country’s main opposition party. In spite of the violence, arrests, and manipulation of the legal system, we will fight to win the upcoming election in Zimbabwe against numerous odds. I stand here today to let the world know that Zimbabwe is currently reeling under a dictatorship much worse than Robert Mugabe. Half the population lives under extreme poverty, US$2.2 billion is lost to corruption annually and we have the highest hyperinflation rate in the world — all because those in power would rather loot and persecute than lead. The government’s war against freedom and its weaponisation of the law against myself and other government critics such as Job Sikhala and Jacob Ngarivhume are calculated to send a chilling message to the rest of society – “We’re watching you, even on Twitter. And this is the punishment you get for participating in opposition politics.” To date, Job Sikhala and Jacob Ngarivhume remain political prisoners. We will not stop demanding their freedom. We call on the world to do the same. In closing, I wouldn’t risk my life and freedom if I didn’t sincerely believe that change is possible. Courage doesn’t mean that you’re not afraid. It means that you act in spite of your fear because you believe in a greater cause. I choose courage. And I choose hope. This August, Zimbabweans go to the ballot box with one simple mission, to win Zimbabwe for change, to install ethical, competent leaders who believe in freedom, dignity and prosperity for everyone. The world must insist on the election being free, fair and credible. The will of the people has to prevail. It is difficult but we must emanicipate the jewel of Africa from the imprisonment of its current dictatorship. Hope and action are the sustenance of those who change the world. Thank you. Citizens' Coalition for Change spokesperson Fadzayi Mahere NewsHawks Issue 132, 19 May 2023


Page 40 Reframing Issues NewsHawks Issue 132, 19 May 2023


Reframing Issues Page 41 era hotspots are Budiriro, Glen View and Mbare. It is important to note that cholera is caused by poor water sanitation and hygiene conditions. Therefore, in order to control the outbreak, the city has implemented short term strategies to improve the water supply in these areas and this seems to be bearing fruits as the Budiriro epicentre now shows much less transmissions. Some of the short term measures include, carting water to the affected areas using water bowsers, repair of broken down borehole, installation of additional storage tanks on high yield boreholes. There has been significant improvement of municipal water supplies in the affected areas as these areas have been prioritised. We are also strengthening health education in Western District and other affected areas. Health Promoters have been trained to be able to identify cases and also teach the community on case definition of cholera so that all those with signs and symptoms watery diarrhoea are referred to the nearest health institution. Health promoters are also moving door to door in the affected areas. We have a programme to deal with all waste water issues and waste collection in the affected areas. We have been working with our partners in the cholera. MSF [Medécins Sans Frontièrs] have been supporting the response in all the thematic pillars. They have assisted amongst other things in setting up of cholera treatment centre, installation of additional storage tanks at high yield boreholes as well as raising awareness in the community. I would like to express our sincere gratitude to all the partners who have come on board. 2. Signing of perfomance contracts As you are aware, the Government introduced a performance management system which entails the signing of performance contracts by Cabinet Ministers, Permanent Secretaries, Mayors, Chief Executive Officers for Parastatals, Town Clerks and Chief Executive Officers of Local Authorities, Vice Chancellors for State Universities, and other Senior Government officials. I signed my performance contract on the 16th of March 2023 at the State House. I am a Ceremonial Mayor but I signed the contract and I am expected to be assessed for the 2023 financial year. The fact that we signed performance contracts means there is need to relook at the concept of ceremonial Mayors. In my end of year address in December last year, I made reference to the fact that there is need for the relevant authorities to revert to the system of Executive Mayors. The Mayor of Harare is the second most powerful measurable public service deployment in Zimbabwe and calls for the restoration of the post of Executive Mayor continue to grow louder. We hope that the relevant authorities will take heed and do the needful so that we restore sanity in our Cities and Towns. 3. A city that fights corruption Corruption is endemic in the public sector and when I assumed office I adopted a zero tolerance against this vice which benefits a few individuals whilst the majority suffer. We characterise ourselves as a City at work because we understand the huge task that lies before us – the task of meaningfully ransforming the lives of the residents of Harare, who bear the brunt of inadequate service delivery. One of the huge tasks that I have is to fight corruption and I have made sure that the culprits are exposed. We had the Rufaro Marketing scandal where one official was pocketing money at the expense of the whole City and the residents of Harare. Now the entity has a new Board which is tasked with turning around Rufaro Marketing Private Limited. We will be updating you on the progress made in transforming this institution so that it benefits the residents of Harare particularly in the funding of the Social Services programme. I want the narrative to change from a City that breeds corruption to a City that fights corruption. This will enable us to restore the confidence of the ratepayers and also attract the much needed investment. 4. Financial health of the city The performance of our City is largely attributed to our financial health. We have a serious problem of lack of a fully functional ERP which affects revenue collection and financial management. We still do not have a fully integrated ERP and the Executive is tasked to bring this matter to finality. Ladies and gentlemen service delivery is a by- product of financial performance. We continue to urge our ratepayers to honour their obligations so that we are able to fund service delivery operations. The total inflows for the period (1 January to 31 March 2023) amounted to ZW$38.4 billion. For the month of March 2023 the city collected ZW$16.7 billion, included in these inflows is a ZINARA grant amounting to ZW$901 million, Devolution funds of ZW$122 million, City Parking remittance of ZW$495 million, Traditional Beer Levy of ZW$106 million and a donation amounting to ZW$34 million, From the consolidated bill, current obligations and legacy debt, the city collected ZW$11.11 billion and the balance of ZW$5.64 billion was collected from non-billed services and external sources for the month of March 2023. Collection efficiency for the month of March improved to 55% of the potential from a collection efficiency of 48% in the previous month. Ladies and gentlemen, debtors stood at ZW$123 billion as at 31 I AM honoured and humbled to have this opportunity to present the End of First Quarter Report and also address other critical issues affecting your City. When I assumed the esteemed office of the Mayor of the capital city of Zimbabwe, Council made a collective decision to do things differently, that is to communicate with the residents and stakeholders of this City. We made a decision to put the resident and stakeholders at the centre of our agenda. We also made a decision to communicate the bad things happening in your City, the good developments in your City, the achievements made by your administration, the challenges and plans. That is why if we fail we do not hide our shortcomings and if we succeed we blow our own trumpet. We do this because we believe that we have kept this City running in the midst of a plethora of challenges. At a personal level, I am very passionate about access, the institution we are running is an entity of record and the public and citizens must be able to interact with us as a system. This decision was purely made for the sake of developing a transparent City which is open at all times. That is why I am happy to deliver this First-Quarter Report which outlines all the key service delivery issues, financial health and human resources issues. Before I report on the performance of your City during the first three months of the year, it is important that I update the residents on the cholera outbreak in Harare. 1. Cholera outbreak Ladies and gentlemen, the country is experiencing cholera outbreaks in different towns like Beit bridge, Chegutu and Mutare. We have a cholera outbreak which began on the 24th of April 2023. I found it prudent to include the cholera issue in this report because it is a major challenge in your City. One case is considered an outbreak because of the high transmissibility of cholera. There are 2 main epicentres of cholera outbreak in Harare namely Budiriro 1 and Glen View 3. The cholera outbreak is suspected to have been was fuelled by the use of water from an unprotected wells in these 2 suburbs and the sources have since been decommissioned. There are now 39 confirmed Cholera cases in Harare city as at 15 May 2023. 9 of these were reported from Budiriro 1 while 1 is from Dzivaresekwa, 22 from Glen View 3, 2 from Mt Pleasant Heights and 1 from Mbare. Glen View 3 suburb is now the bigger epicentre compared to Budiriro 1. The index case in Glen view 3 is a 26 male who had date of onset of symptoms on 27 April 2023.The cholHarare mayor Jacob Mafume's first-quarter 2023 report Jacob Mafume NewsHawks Issue 132, 19 May 2023


Page 42 Reframing Issues March 2023 from the 1 January 2023 position of ZW$96 billion. Debtors grew by 28.52% from the beginning of year’s position of 16.17%. The debt configuration are as follows, commerce, industry 52.65%, domestic 40.07%, government, 3.65%, sundry debtors 0.76% and Dormitory towns 2.87 % from the previous month position. A note to the businesses, parastatals and government entities operating in the City of Harare: The practice of sustained non-current debt not being paid up is negatively impacting the city's finances. If this categories of debtors do not honour their obligations, we will institute tighter control through service disconnections for any debt over 60 days. Esteemed guests, creditors stood at ZW$22.75 billion as at 31 March 2023 from the 1 January 2023 balance of ZW$9.9 billion. The major driver to the creditor’s position are as follows electricity charges of 35.47%, water chemicals of 12.29%, statutory obligations 23.68 %, and trade creditors 28.16%. Furthermore, Council has an outstanding obligation of ZWL 0.12 million from FBC bank, PSIP loans ZW$100.95 million and an obligation to service the, US$70.05 million loan facility from China EXIM bank for Morton Jaffray water works refurbishment. Electricity charges remains high as electricity tariffs keep increasing at the back drop of loss in value of the ZWL. Accrued expenditure for electricity as at 31 March 2023 amounts to ZW$8 billion as the city is accruing close to ZW$1.9 billion on a monthly basis. On this monthly accrual is ZW$ 450 million from hostels an unsustainable cost which the city needs to shed off and have the residents install prepaid electricity. From the breakdown above, electricity is our major cost driver and we are engaging Zesa for concessionary tariffs because our activities are merely public services, we do not operate on a profit making basis. Our water treatment plants and waste water treatment plants consume more power. We are also pursuing the introduction of green energy and as such we are seeking partners to work with in the development of solar farms and we hope to use the solar energy to power the water and sewer treatment plants. We will be engaging the highest offices from Zesa on the following key issues: a) Non-payment of royalties by Zesa: Our records indicate that Zesa owes the City of Harare a total over ZW$900 million in royalties. The royalties accrue from the sale of electricity within Harare and the money has not been paid since 2009. b) Interest: The 200.5% interest per annum that is being charged on outstanding debt is very steep. Our average monthly bill is ZW$1.9 billion and interest is ZW$1.2 billion. In view of the fact that the City of Harare uses most of the power to produce water, for waste water treatment and for public lighting purposes is justification enough for the downward review of the interest in these areas. c) Tariff Increase: We appreciate the need for tariff increases we seek exemption from surges in tariffs especially for water production, waste water treatment plants and public lighting. As a public services provider, we believe that we must be charged concessionary tariffs. d) Rural Electrification levy: We seek exemption from payment of the rural electrification levy on all our accounts because City of Harare’s customers are mainly the residents who are already charged the levy on their domestic and commercial accounts. 4. Capital spending In the 2023 fiscal year, City of Harare allocated ZW$41 billion for capital expenditure, nearly half of that amount was earmarked for the Water, Sanitation and Hygiene Programme. As at 31 March 2023, a total of ZW$2.5 billion had been expended. Recapitalisation of service delivery operations remains our priority in 2023. Last year I made an undertaking that we would procure service delivery vehicles and the following pieces of plant and equipment and the update is as given: i. 3 x30 tonne hook loader and fifteen hook loader bins for waste collection at high traffic areas (these will be delivered in the second quarter of the year) ii. 15 refuse compactors (procurement process has commenced and we expect delivery of some of the compactors during the second and third quarter of the year) iii. 5 excavators (3 were paid for and delivered in the first quarter of the year) v. 5 tipper trucks (these will be delivered during this quarter) vi. 9 backhoe loaders 3 have been paid for and have been delivered) viii. 2 graders (one has been partly paid for and we expect delivery during this quarter) ix. 5 dropside trailers (3 were paid for and delivered in the period under review) xi. 2 hydraulic platforms (one will be paid for and delivered during the second quarter of the year.) We will update on major procurements of the plant and equipment required for service delivery operations. This is our promise, to manage the Capital City of Zimbabwe proficiently and well such that we build a sustainable City where residents do not whine about basic service delivery. Recapitalisation has presented itself as a remedy to solving the service delivery challenges. 5. Water Our average water supply coverage was 64% a slight drop from the 2022 average of 66%. This was because of a slight drop in water production due to intermittent power outages. The aluminium sulphate availability challenge has been addressed and we are having deliveries as agreed. There was a bit of stability in the water sector during the first quarter of the year compared to the same period last year through we would want all residents have access to potable water. Below is a summary of the interventions in the water and waste water sector in the first quarter of the year. i. The project for the Implementation of the Chlorine Dioxide Technology commenced and is now ready for commissioning. We are making arrangements for the delivery of all the required chemicals so that we can commission the project which if successful can help the City to save at least US$300 000 per month in water treatment chemicals. ii. We managed to negotiate with our water treatment chemical suppliers to observe their commitment to constantly supply us with water treatment chemicals under arrangement. This resulted in no chemical-shortage induced shutdown during the first quarter. The ultimate result of this was the increase in water production from an average of 269 megalitres per day in January to 353 megalitres per day in March 2023. We, however, had scheduled maintenance shutdowns. iii. In an effort to reduce environmental pollution and improve wastewater conveyance, we replaced about 2km of sewer pipes in the first quarter of the year. iv. We completed the rehabilitation of Firle Sewage Works. This restored our wastewater treatment capacity by 18megalitres. This unit is now treating wastewater in the Blue Band category of the Ema Effluent Standards. 6. Waste management Waste management remains a major challenge in your City. This is largely due to low fleet availability and the culture of inherent littering that is in the culture of some of the residents of Harare. In the first quarter of 2023 fleet availability remained depressed with an average of 18 trucks per day which is not ideal considering that we require 36 refuse compactors per day. The situation is very gloomy but we choose hope hence the decision to buy 15 refuse compactors in the 2023 fiscal year. Door-to-door refuse collection coverage stood at 42%, which was a decrease of 10% as of 31st December 2022. The decrease was as result of decrease in fleet availability. We also launched Operation Chenesa Harare, an initiative which was meant to mobilise communities and corporates to participate in cleaning up the City. However, this initiative did not yield the anticipated results and the City is now planning to implement community based refuse collection as a broader strategy to ensure that we deal with the challenge of illegal dumpsites and also improve on collection efficiency. In line with the integrated solid waste management plan, we are constructing waste transfer stations and the main one at Kelvin Depot will be completed in the second quarter of the year and construction of the one in Glen Norah will be done again in the second quarter. The problem of waste management is perennial but in all these circumstances we choose hope and we have a firm belief in the fact that this challenge can be solved. Recapitalisation of the Amenities Division is key and various pieces of plant and equipment are being procured this year. We still believe that Harare must work, hence the mantra Back to Basics for Sustainable Service Delivery. 7. Restoring order in the city Council`s traffic enforcement apparatuses and approaches are meant to make Harare trafficable by improving compliance levels. After noting the chaos and disorder in the City largely attributed to traffic by- laws violations, Council passed a resolution on the 7th of February 2023 that compelled the Traffic Enforcement section of the Chamber Secretary’s Department to enter into a partnership with City Parking (Pvt) Ltd for clamping and towing vehicles for traffic offences within parking bays and heavy vehicles plying the routes in the Central Business District, residential areas and other undesignated areas across the City. The idea was to bring sanity and restore order in the City and this was a successful venture as motorists are now complying with our traffic by- laws. A 50/50 revenue sharing was agreed upon and a 3-month trial run is being conducted by City of Harare and City Parking (Pvt) Ltd. Despite the resistance to implement the resolution City Parking managed to penetrate the market and during that period a total of ZW$158 million and US$89 thousand was remitted to City Harare for traffic enforcement revenue share. There was a huge outcry on the level of penalties imposed on the offenders and as a listening Council we made a decision to reduce these but we still maintain that a penalty must be deterrent enough so that would -be offenders think twice. We all appreciate that the partnership assisted in bringing order and sanity in our City. 8. Roads programme Insufficient budget allocation to fund road maintenance activities remains a major challenge in the Roads programme. During the first quarter of the year we had a meeting with the Zinara Board Chairman and his team and I expressed our displeasure over the formulae for the disbursement of the Zinara grant and the delays in the actual payout of the funds. We agreed that Zinara would convene a meeting with all road authorities to discuss these critical issues and we are still waiting for the platform so that this problem can be addressed for the benefit of the citizens. In the first quarter we managed to maintain 133km of our road network and no progress was reported in the construction of new roads and reconstruction. Our roads continue to be in a bad state. Ladies and gentlemen, during the quarter under review an average of 65% of installed traffic signals were functional. There is a lot of vandalism of road furniture as well as road accident damages. 9. Planning The following are the key highlights: • 19 Private Subdivision Permits Granted were granted • 31 Cluster Developments permits were issued • 53 Straight forward permits were issued Review of Enterprise Corridor Local Development Plan NO.60. was approved by Council in January but work not yet commenced. • No progress on Harare Master Plan and procurement bottlenecks in this area are being addressed. 10. Health During the quarter under review we had the ground breaking ceremony for the construction of Marlborough Maternity Clinic, ECD Centre and Fire Station. In most low-density areas in Harare our clinics only offer ante natal and post-natal services and no deliveries, and the women have been struggling. As Harare, we record an average of 1500 deliveries per month in our poly clinics, but Mbare records the highest averaging 500 deliveries per month. As a City our mandate is to provide primary health care, and community participation is a critical component of primary health care. 11. Housing We managed to allocate only 56 stands since January and this is sad as the Housing waiting list is currently standing at 11 282 active members as at 31 December 2022. The City is finalising the Human Settlement Policy which is NewsHawks Issue 132, 19 May 2023


Reframing Issues Page 43 coming in as a review to the current Housing Policy. We will then unveil the new housing models that the City will implement going forward particularly as we seek to address the outstanding issues in the pay schemes that are operational in Harare. Going forward the City will not allocate unserviced land because this has created a lot of problems and has promoted the mushrooming of illegal settlements. We will during this quarter capacitate our Department of Works with the requisite plant and equipment for us to be able to service land. The capacitation will be done using the funds from our Estates Account as governed by the applicable law. 12. Education section Two Council Schools were opened during the quarter under review namely Glaudina and Budiriro 7 Council Primary Schools bringing the total number of Council primary schools to 35. Our greatest challenge under school’s administration is over enrolment with most schools’ enrolment over 1500 learners. The City is currently constructing 2 more schools through Public Private Partnerships to increase access to education. 13. Vocational training centres There is a marked increase in enrolment following the reduction of fees. Enrolment stands at 70 students as compared to 25 students during the same period last year. The Section is working towards the introduction of short demand driven courses. Vocational Training Centres are facing several challenges including dilapidation of infrastructure, shortage of machinery and equipment as well unavailability of training materials. This is an area for collaboration with some of the corporates and organisations represented here. 14. Production unit The production Unit has the capacity to produce all protective clothing for the City of Harare. The focus is to ensure that the Unit is fully supported so that we reduce costs of uniforms. 15. Social services section Rufaro Stadium The refurbishment of Rufaro Stadium commenced at the beginning of the year with the Project team working on extension of changing rooms, maintenance of the pitch, installation of irrigation system, general maintenance (plumbing, painting and electrical repairs, surfacing, construction of perimeter wall and carpark surfacing among other works. The Project was under targeted and can only be completed by End of May 2023. The work done at Rufaro Stadium so far and the progress made through the partnership with City Parking Private Limited demonstrates that as a City we can do more to rehabilitate our social amenities if we get our priorities right. We are going to replicate this same method as we strive to renovate most of the social amenities in Harare. We are duty bound to provide social amenities and we will do that. 16. Youth development We are constantly engaging young people to participate in various socio-economic activities. During the quarter under review, 50 youth groups were mobilised and registered for skills training and sustainable livelihoods. We are doing this as part of the broader strategy to fight against the pandemic of drugs and substance abuse which is now rife in our country. 17. Women development The City mobilised and registered 60 women groups who participated in skills training and sustainable livelihoods programmes at various community centres. The greatest challenge affecting women development programmes in the City is unavailability of resources for empowerment initiatives. We urge corporates represented here to partner the City in this noble initiative. 18. Swimming pools Three (3) swimming pools (Les Brown, Greendale, Mount Pleasant) were operational during the period under review. I have challenged the Executive to put in place measures and ensure that all our swimming pools are open and accessible to the residents. Our idle youths must have access so that they are occupied and do not resort to drug and substance abuse which is very endemic in our communities. 19. Small to medium enterprises development The City reviewed the Informal Sector Policy and now has an operational the Small to Medium Enterprises Development Policy. The City is also going to further develop the SME’s strategy which is going to be read together with the Infrastructure Development Plan. This is an area where we are calling upon corporates here to partner the City in developing decent infrastructure for the Small and Medium Entrepreneurs. 20. Stakeholder engagements We held 48 monthly interdepartmental service delivery meetings and 19 quarterly ward based feedback meetings ensuring increased participation and engagement in service delivery activities. Cleanup campaigns were held. Most areas could not manage because of continuous rains during the days of clean up during the first period of the first quarter. 21. Emergency services The Emergency Services Division is one of the responsive and functional sections with the City of Harare. This section has recorded success though in terms of the tools of the trade, they remain heavily undercapitalised. The status remains as reported in the End of Year Message I presented last year in December. We continue to mourn the state of our Emergency Services equipment which have deteriorated over the years. We are currently operating with 6 tenders out of an ideal total of 25 and 6 ambulances out of an ideal of 32+ ambulances. We are also going to make efforts to recapitalise this critical section in our City. In the 2023 financial year, we are going to procure ten ambulances. The procurement of fire tenders is covered under the Capital Development Plan. 22: Decentralisation To improve organisational performance and accountability, several strategies have been adopted by the City since 2012. One of the strategies is decentralisation. To address the administrative and operational inefficiency, the city is fine-tuning a new decentralisation policy. Our earlier efforts had been constrained by lack of policy clarity, limited financial support, departmental power asymmetries, and limited buy-in from stakeholders some of whom deliberately undermined decentralisation implementation. Learning from these experiences, the city combined development of a decentralisation policy and re-structuring itself in a way that sufficiently addresses the current challenges. A new decentralization approach has been adopted. It comprises of the principles of deconcentration, delegation and devolution. These principles are in line with the Constitution of Zimbabwe. The policy will help the city enhance i) capitalisation, ii) stakeholder engagement, iii) service delivery capacity, iv) build sustainable city systems, and v) address previous ‘decentralisation implementation’ issues. Effective implementation of decentralisation and related policies, will enhance the city’s capacity to deliver services and contribute to national efforts towards achieving the Sustainable Development Goals (SDGs) and bringing services closer to communities. 23. Business development The year started on a good note, with most of the four companies (Harare Quarry, City Parking, Sunshine Development and Rufaro Marketing) submitting and presenting their 2023 Annual Business Plans to Council. We developed a Commercialization Strategy which provides a clear pathway for the investment into the City. The following is worth noting from our strategic business units: . City Parking (Pvt) Ltd (CP): City Parking (Pvt) Ltd submitted their 2023 Annual Business Plan and it was approved by Council. City Parking Pvt Ltd revenue contribution to City of Harare for the year ended 2022 amounted to ZW$758 369 238 against a budget of ZW$779 591 392; 3% below budget. City parking increased revenue share to the Shareholder from 20%-23% beginning January 2023.From January – March 2023 a total of ZW$495 473 399.57 has been remitted to City of Harare for the 23% revenue contribution to the shareholder. Furthermore, given an excellent performance of City Parking (Pvt) Ltd they were engaged by the Shareholder to renovate Rufaro stadium in partnership with the City of Harare, to date the works are now at 60% complete to finish the renovation of Rufaro stadium. Harare Quarry (Pvt) Ltd (HQ) • Harare Quarry (Pvt) Ltd, did not manage to submit their 2023 Annual Business Plan and the Company performed way below capacity in the year ended 2022. • Council approved to reshuffle the Board and consider City of Harare user department representation on the Board to ensure that all decisions or operations are inclined with the needs of the primary customer – City of Harare. The Acting Director of Works and the Chief Roads Engineer were appointed to the Board • To tap into the management expertise of performing Strategic Business Units one executive from City Parking was appointed in the Harare Quarry Board. • The Board was given a new mandate to enhance the performance of the Company. Sunshine Development Pvt Ltd • Sunshine Development (Pvt) Ltd Harare Sunshine Development remitted a total of US$72 000 for 2020 and 2021 which is 30/70 dividend share from Mbudzi People’s Market proceeds, and an interim of US$40 000 for 2022. 24. Governance issues On the Executive front, we remain with 90% of the senior executives in acting capacities because the substantive Directors are dealing with issues before the Courts. This is a major challenge in terms of leadership stability because holding a position in acting capacity brings in a lot of uncertainty. 25. Focus areas for the rest of the year My philosophy of governing may seek to inspire, but it is also grounded in the practical. As your Mayor, I am dedicated to providing an efficient and effective form of government. In these unsettled financial times, we must do more with less, never fail to deliver services citywide, and constantly try to find ways to use cost-saving measures and innovation to help us realise our dreams. We must keep the positive momentum growing. So moving forward we are going to focus on the following key areas: a) Increase water production so that most communities have access to water b) Improve sanitation and hygiene through regular collection of waste c) Continue with the recapitalization drive and procure more pieces of plant and equipment d) Decentralisation of service delivery so that services are brought closer to the people e) Avert the further spread of cholera in the City f) Strengthen financial management through completion of outstanding audits g) Creating good work values and a culture of accountability to results. 26. Conclusion I believe we can turn around the City if we get our priorities right. As I conclude, allow me to appreciate the residents of Harare for their endurance and forbearance during times when service delivery was at its lowest. Commendations also go to the Executive led by our Acting Town Clerk the Directors, Managers and all the employees of the City. Serving citizens is sometimes a job that is not appreciated but I am grateful your resilience even during difficult times. I express my profound appreciation to the Councillors of the City of Harare for allowing me to lead. My Principal the Change Champion in Chief is fully appreciated for honouring me with the responsibility of serving as the Mayor of the Capital City of Zimbabwe. In delivering this First Quarter Report, we are reaffirming our promise to building a City that we all clamour for, a city that is open and transparent. It would be amiss for me if I do not address the issue of elections. We are in the elections season and we continue to preach peace which is critical for any development processes to take place. Peace is the path we take for bringing growth and prosperity to society. If we do not have peace and harmony, achieving political strength, economic stability and cultural growth will be impossible. So peace must prevail in the 2023 elections. I THANK YOU. NewsHawks Issue 132, 19 May 2023


Page 44 Reframing Issues When André de Ruyter took over as Eskom CEO in January 2020, he quickly realised why it was considered the toughest job in South Africa. In his explosive memoir, Truth to Power, De Ruyter candidly reflects on his three years at the power utility, his successes and failures, his reasons for leaving and his hopes for the future. As someone who is not beholden to the ruling party, he is uniquely placed to speak truth to power. “WATCHING the main exit gate of Megawatt Park from my third-floor window, I was astounded to see a number of Range Rovers, BMWs, Mercs and even a stray Porsche heading for the exit at 15:30 in the afternoons. Did we really have that many rich employees? And, if so, why were we paying top dollar for workers who were already packing up an hour or two after lunch? The flaunting of wealth wasn’t limited to fancy cars. As someone who has spent more hours waiting at international airports than I care to remember, I have acquired a fair idea of the cost of luxury goods. Watching some of my relatively junior colleagues swan around clutching Louis Vuitton handbags, equivalent to a month’s salary, and decked out in branded Hermes dresses, Panerai watches and Christian Louboutin shoes, made me wonder where on earth the money came from. I am not saying everyone driving expensive cars or wearing designer clothing obtained their wealth through illicit means, but considering the opulence displayed by employees of a state-owned enterprise, it was certainly suspicious. Either Eskom employees were living way beyond their means, or they had access to funds from other sources. It didn’t take Sherlock Holmes to figure out what was afoot. Flaunting it was the way to go, because putting money in your bank account could attract the scrutiny of Eskom’s internal audit department, the Financial Intelligence Centre or the South African Revenue Service (SARS). So, what do you do with R100 000 in hot, illicit cash? You go to the Louis Vuitton shop. Similarly, it turned out that several senior Eskom managers were also gifted cattle farmers, registering farms in Limpopo in the names of cousins and other relatives. Doing anything in your own name or your spouse’s name would be picked up in a lifestyle audit. As happens when a farmer tries to trap jackal, the ever-tightening anti-corruption net had merely resulted in ever-smarter criminals, skilled in evading detection. I was told of one less-than-honest Eskom manager who glibly boasted that a lifestyle audit wouldn’t pick up the cattle delivered to your farm, as you could claim preternatural fecundity in your herd. Clearly, the deceitful habits formed during the state capture era had not yet been broken. During this dark chapter in our nation’s history, political interference and widespread corruption in state-owned enterprises was the norm. President Jacob Zuma and his cohorts, including the infamous Gupta family, infiltrated the highest levels of these organisations by appointing pliable deployees to key management and board positions. Together with its state-owned sisters like Transnet and South African Airways, Eskom bled a veritable ocean of money into the coffers of the state capture brigade. Calculating the total cost of state capture is a complex exercise, but some have estimated it as high as R1 trillion. President Cyril Ramaphosa put the amount at R500 billion but testified before the Zondo Commission that the full cost may never be known. Eskom was a ripe peach waiting to be plucked. With a procurement bill north of R140 billion per annum and a capital expenditure budget exceeding R35 billion per annum (even following the completion of major construction activities at Medupi and Kusile), the opportunities for looting were everywhere. The Land of Porsches and Louis Vuittons “The effective abandonment of all principles of good corporate governance made it possible for the Guptas to execute one of their most audacious schemes through the attempted capture of the Optimum colliery.” The effective abandonment of all principles of good corporate governance made it possible for the Guptas to execute one of their most audacious schemes through the attempted capture of the Optimum colliery. Astoundingly, Eskom’s board voted to aid them in this endeavour by rubber-stamping financial assistance of more than two billion rand. On 9 December 2015, the day before Tegeta (a Gupta company) concluded the deal to buy Optimum Coal Holdings (OCH) from Glencore, the Eskom board approved a prepayment of R1.6 billion to Optimum, using the ruse that this was for the supply of coal to Eskom’s Hendrina power station. A day later, this payment was reclassified as a guarantee. On 11 April 2016, the Eskom board approved a further payment of R659 million, this time to Tegeta, purportedly for the supply of coal to Eskom’s Arnot power station. Both transactions were a clever sham used by Tegeta to use Eskom’s money to pay the purchase price for OCH. The Zondo Commission concluded that these payments ‘were made with the single purpose of ensuring that the Guptas’ deal in terms of which they acquired the Glencore coal interests did not fall through for want of finance on the part of the Guptas’. The Zondo Commission ultimately recommended that the National Prosecuting Authority (NPA) should prosecute Koko and Molefe for their involvement in numerous state capture matters. When reading through the minutes of the board meeting that allowed all of this to happen, I was struck by the sheer sense of normality that had been created, as if these egregious acts were entirely within the normal course of Eskom’s business. Board members displayed neither outrage nor courage. They didn’t question these decisions and were only too happy to acquiesce in criminal acts. Of course, the looting was not confined to the executive floor of Megawatt Park. Once it became clear that it was now open season, many employees, ably abetted by contractors and suppliers, gorged themselves. In the governance vacuum created by the Zuma years, the floodgates were open to all and sundry to get their moment at the trough, with the Guptas only being the most prominent looters. Although they and Zuma hogged the headlines with the grand project of state capture, the millions of smaller and less visible corrupt acts were no less damaging. What they lacked in size, they more than made up for in numbers. Corruption permeated every level of government: national, provincial and local. As former president Kgalema Motlanthe memorably put it, ‘There’s a mini-Gupta in every town.’ At Eskom, no item was too small to serve as a conduit for the looting, even a humble single-ply roll of toilet paper. At the time, they cost around R5 each, but Eskom purchased Extract: Truth to Power by André de Ruyter NewsHawks Issue 132, 19 May 2023


Reframing Issues Page 45 them for R26 — a 420 per cent markup. In all my discussions with exco members, the common thread was that procurement was one of our biggest problem areas. The division’s information technology had been neglected, probably deliberately so. Master data had not been kept up to date, which meant that procurement officials were not constrained by item codes and could therefore pay R51 for a black refuse bag, which retailed for R2.99. It soon became clear to me that our chief procurement officer, Solly Tshitangano, was completely out of his depth. On his watch, less than 35 per cent of items were purchased according to contract. The rest was on so-called free text on the vendor software system SAP. This is a fancy way of saying you could type in pretty much any amount you wanted. It creates the space for ordering a R238 000 mop, a purchase that was fortunately averted in the nick of time. Solly felt that fixing this broken procurement system was purely the responsibility of our IT division, which was of course a clear shirking of responsibility on his part. By bypassing Solly, I would eventually manage to push the figure of 35 per cent up to 95 per cent. “While the Gupta family had been the shark swimming in the murky waters of state capture, the much smaller piranhas were feasting on Eskom’s flesh.” A visit to Kriel power station in Mpumalanga would also cast a harsh light on our procurement woes. When I arrived, I was greeted by an all too frequent sight. Rubbish lying everywhere, lawn not mowed, windows broken. ‘How does your house look?’ I asked the managers. ‘If you have a broken window there, do you also just leave it?’ Much avoidance of eye contact followed. Eventually Bruce Moyo, the cluster manager for the region, took me to the storeroom, and showed me some kneepads that workers use when performing tasks like welding and cleaning the insides of pipes, chimneys and other areas at power stations. ‘Did you know we pay R80 000 for these?’ he asked. ‘Each!’ I was flabbergasted. You could buy a pair for around R150 at Builders Warehouse. Back at Megawatt Park, I started asking questions. But I didn’t receive any meaningful feedback and it didn’t seem like the issue was being taken seriously enough. I instructed our forensic department to do a proper investigation. ‘We can’t allow these things to carry on,’ I told Jan Oberholzer and Phillip Dukashe, the head of generation. Still nothing. Starting to grow more than a little irritated, I resolved that we would hold a meeting on this issue every week — until it was sorted out. I wanted Jan and Phillip present at this weekly meeting, as well as our head of forensics and our head of security. This was a clear case of micromanagement, and usually something that a CEO should try to avoid, but nothing else was working. I told my team that the last time I had operated in this fashion was when I was an assistant manager at Sasol. When I followed through, the embarrassment was enough to provoke action. Chris Baloyi, who had just taken over as our new head of forensic investigations, got the bit between his teeth. He phoned the suppliers and within twenty-four hours one of them had returned nearly R1.2 million to Eskom. The alacrity was a clear admission of guilt that the money had effectively been stolen. To add insult to injury, the supplier had not even delivered his overpriced kneepads. It also transpired that the company’s sole director was a relative of an Eskom employee. The second supplier had also been paid over R1 million for stock that was never delivered. The third provided an invoice for her own procurement of the kneepads. It showed that she had paid R4 025 and charged Eskom R934 950. This supplier admitted that she overcharged Eskom and acknowledged her indebtedness. In addition to launching attempts to recoup the outstanding money, we also laid criminal charges. I was intent on seeing an arrest, and a willing Chris obliged. The suspect, a contractor working in the procurement department, was arrested and loaded into the back of a waiting police van. The perp walk that I had wanted to instil some respect for law and order had occurred. I saw the video of the arrest as the suspect clambered into the back of the van, and gave myself a virtual pat on the back. Eskom 1, Crooks 0. But then I got a WhatsApp from Karen Pillay, our head of security, informing me that the suspect had been released by the police, ‘on the instructions of a senior police officer’. I was outraged — and this was not to be the last time that Eskom’s efforts to bring crooks to book were thwarted by apparently inexplicable police actions. Although I was glad to have staunched some of the haemorrhaging, the amount of heavy lifting required to stop only one such cut-and-dried case of malfeasance was disconcerting, and even then no one landed behind bars. It was obvious that this was just the tip of a very large iceberg. For me to invest this much time and effort into every case of corruption was simply not sustainable or practical. But at least this much was clear: while the Gupta family had been the shark swimming in the murky waters of state capture, the much smaller piranhas were feasting on Eskom’s flesh. I thought back to a meeting I’d had soon after taking the helm in January 2020. It was with Ben Theron, a freelance forensic investigator, who had done work with the Department of Public Enterprises, the Special Investigating Unit and Eskom itself. I remember that Ben’s opening remark had stopped me in my tracks. ‘Congratulations, you are now the head of the largest organised crime syndicate in South Africa,’ he said. Feeling somewhat insulted, I maintained a straight face, but thought to myself, ‘Surely, it can’t be that bad. He’s probably just angling for a job by exaggerating the extent of the problem.’ Ben unrolled a series of A3 printouts on my desk, detailing with spider graphs a web of connections that touched just about every part of Eskom. If this was to be believed, we had become the proverbial goose that laid the golden eggs for the corrupt and the crooked. I was still a little sceptical. Could the looting really be as pervasive as the spider graphs indicated? It seemed scarcely believable that we could still be so captured. But, as the months passed, I increasingly realised that Ben was one of the few people brave enough to speak truth to power. The parade of Louis Vuitton bags at Megawatt Park bore testimony to my naivety. I was indeed the inadvertent Tony Soprano of the power industry.” — Extracted from  Truth to Power by André de Ruyter, out now. NewsHawks Issue 132, 19 May 2023


Page 46 Reframing Issues In a chapter in the book titled “The Glass Cliff: African American CEOs as Crisis Leaders,” the authors define “glass cliff” as “a risky or precarious position that involves the management of organizations in crisis.” Their research finds that, In the case of women, some research has concluded that they are preferentially selected for leadership roles for organisations in crisis because of the perception that women have the attributes to manage these situations — being sympathetic, emotionally intelligent, understanding, and intuitive — and that these same attributes may be associated with ethnic minorities. . . .An alternative rationale for the appointment of women or ethnic minorities to lead crisis situations is that the organization wants to signal that it is in change or reinvention mode. … A somewhat different perspective. . .is the desire to protect white male leaders from extraordinarily difficult leadership positions or from being the scapegoat for a failed turnaround attempt. However, Black leaders are not generally brought in for “traditional crises,” those involving “natural disasters or catastrophic events,” or “smoldering crises, such as fraud, labor disputes, or lawsuits.” Instead, Black leaders tend to be appointed to manage strategic crises and organiaational change. In the US, the effects of the socalled racial reckoning that began in 2020 — when the murder of George Floyd catapulted the Black Lives Matter racial justice movement to its apex — had an impact on Black leadership in the nonprofit sector. Suddenly, organizations that had held Black leadership at bay could no longer do so. White leaders who had held on to leadership positions for decades began to step down and boards were compelled to at least seek applicants of color for those positions. This has resulted in change at the top of some nonprofit organizations, including national ones, which are high profile and have significant influence across the sector. Prepared to Lead Black leaders see the crises situations under which they are appointed as hard-to-come-by leadership opportunities.Further, the authors of “The Glass Cliff” observe that “African American CEOs in our study perceived the work of managing crises and unstable situations as not an unusual assignment but rather their responsibility.” Black leaders understand that any change they help bring about for themselves or an organization has a ripple effect in the larger Black community. In the nonprofit sector, the commitment to community is often what drives the work and career of people of color. Black leaders are not naive about the challenges they face and are prepared for it. The authors note, “their skills and previous experiences were viewed as assets for resolving a crisis situation or turning around a company. For CEOs who were internal appointments, their preparation work was on-the-job training.” The main competency that Black leaders bring to their work as stewards of change is the ability to align internal and external realities. The authors explain, This skill set entails the ability to have an open-system perspective that understands both a firm’s internal and external environments and develop adaptive strategies that improve the firm’s alignment and, ultimately, performance. . . .Hence, the involvement of a dynamic CEO is a necessity as the firm devises routines for strategizing for opportunities and threats because of the firm’s need for direction, visionary thinking, and balancing the competing demands of stakeholder groups. Black leaders simply see more — a benefit of not being protected by privilege and blinded by saviorism, and of actually knowing and being part of the communities nonprofits serve. One does not become a Black leader without being able to switch between different frames and ways of being, referred to as code switching, which comes in handy when engaging the various stakeholders necessary for significant change. Thus, Black leadership is characterized by leading under pressure and in conditions where they must “engage in frame-bending behaviors The Perils of Black Leadership CYNDI SUAREZ RACE plays an outsized role in how people experience leadership, with White leaders widely considered to be the norm. The foreword to a recently released book on race and leadership titled Race, Work, and Leadership: New Perspectives on the Black Experience, makes this clear: Contemporary research has shown how the white standard for a prototypical leader limits the possibility that black men and women will be perceived as suitable for leadership positions. In spite of the salience of race in the experience of leadership, there is not much study of the Black leadership experience. In the chapter titled, “When Black Leaders Leave: Costs and Consequences,” the authors write, “Despite our awareness of the disparities and hurdles that characterize Black leadership experiences significant gaps remain in our understanding and practice with respect to race and leadership in organizations.” What exists is scattered across disciplines “working in parallel to lay the groundwork for theorizing from specific contexts.”  This book is the first comprehensive collection of writing on the Black leadership experience. This article highlights the key characteristics of the Black leadership experience: (1) the fact that Black leaders tend to get appointed in times of crisis, (2) that Black leaders tend to be prepared for these opportunities, (3) that their authority is overwhelmingly contested, (4) and that a core part of their work is managing the negative affect to which they are subject. Crisis leadership Needless to say, with White leadership as a norm inhibiting the recognition of Black excellence, Black people are underrepresented in leadership. Black leadership has been severely underrepresented across several domains within the United States, including the workplace, education, and government. White and Black employees make up 78% and 12% of the overall labor force within the United States, respectively. However, Whites make up 84 percent of all management occupations, while only 7.5% of these managers are Black (Bureau of Labor Statistics, 2016). The Bureau of Labor Statistics also reported that this disparity becomes even greater at the executive level, where 88 percent of all CEOs are White and 3 percent are Black. And, when Black people do make it to the top levels of leadership, they are overwhelmingly appointed in times of crisis. NewsHawks Issue 132, 19 May 2023


Reframing Issues Page 47 to save or reorient the firm.” Black leaders are expert interpreters. The authors of “The Glass Cliff” refer to this extraordinary combination of skills as “organizational agility,” defined as “having a comprehensive and thorough knowledge of all aspects of the business and the capacity to efficiently mobilize resources and functions to accomplish a goal or solve a problem.” This is not surprising. The knowledge that people who are marginalized have to be better than the privileged in order to even get a shot is well established. However, in spite of the unique skills and dedication that Black leaders bring to their work, they tend to have shorter tenures than their White counterparts. In “When Black Leaders Leave,” the authors write, Previous research has shown racial differences in voluntary turnover or turnover intentions suggesting that Black employees and leaders are more likely to leave an organization than their White counterparts. Differences in experienced or perceived racial discrimination, as well as in perceptions of organizational diversity climates, may explain differences in voluntary turnover between White and Black leaders. Chrobot-Mason (2013) found that White employees were less likely to be aware of ambient racial discrimination than Black employees, and these perceptions positively predicted turnover intentions. Thus, the racism that surrounds Black leadership contributes to shorter tenures. However, the authors find that when Black leaders leave they “used their cliff experiences as a bridge to another act in their careers. Put simply, they demonstrated resilience—the ability to bounce back from adversity, repair oneself, and, in some cases, thrive by having a growth mindset and going beyond the original level of functioning.” Thus, Black leaders have an unusual capacity for alignment and vision, development and implementation of strategic functions, and the ability to mobilize resources toward goals. But Black leaders are forced to be resilient, and this takes a toll. Contested authority Morgan Roberts, the key editor of this volume, has been writing about the Black leadership experience for a while. In her article with Seb Murray, “Race and Leadership: The Black Experience in the Workplace,” she outlines key aspects of the Black leadership experience, which are elaborated on in the book.  At the top of her list is contested authority. It is widely known that Black leaders are constrained by the requirement to establish credibility. But, Morgan Roberts adds, They also may be constrained by what leadership approaches will be accepted by their constituents; research shows that black leaders are rated higher when they’re seen as nonthreatening. This leads some black leaders to temper their power or enthusiasm for their vocation — passion may be misinterpreted as aggression — in favor of a demonstrably friendly, gentle or more mild-mannered approach. This greatly impacts these leaders’ ability to lead, particularly in the crisis or deep change processes during which they are usually brought into leadership. Another chapter in Race, Work, and Leadership  titled “Psychodynamics of Black Authority — Sentience and Sellouts: Ol’ Skool Civil Rights and Woke Black Lives Matter,” begins with this sentence, The state of Black authority relations is fraught, at the conscious and unconscious levels of examination, with attacks from across race  and from within. (italics mine) So, in addition to the pressures from White people, Black leaders must contend with challenges from people of color too, particularly other Black people. Black leaders are required to change the very practice of leadership while they are changing the organisation. Black women, in particular, are challenged both across generations and gender. The chapter outlines the psychodynamics of Black authority using group relations theory, which focuses on authority, as a central framework. The authors’ findings are based on actual interactions at the first conference on the study of Black and female authority, hosted in 2017 in San Diego and titled “On the Matter of Black Lives.” The authors describe the exchanges as characterised by attempts by participants to deauthorise Black leaders and self-authorise in relation to those leaders, including the conference staff. The authors describe these Black leaders as being particularly at a loss for how to respond to deauthorisation attempts from younger Black participants — caught between their desire to lift them up, the heightened hostility that accompanied their critiques, and Black intra-cultural norms. They describe the following interaction as characteristic of the dynamic at the conference. In the Community Event, one group leader (a young Black male), whose group explored the role of education in Black communities and whom a Black female member described as a “king,” partly because of his stately African garb, experienced the staff the staff as betraying his group. He asserted that staff denigrated his efforts, excluded them from an initial hypothesis, and sought to silence their contributions, which echoes millennials’ lament about the boomer generation. To let us know their hurt and anger, they had enacted a piece of performance art in the staff room earlier. The authors go on to recount an exchange that led the Black staff to ask themselves, “Were these young Black folks staging a coup?” The Black staff felt the tension between the intent to explore the challenges of Black authority, while their own authority was being contested. They also felt the tension between the hostile manner in which the critique was delivered and what the authors describe as “the African diasporic cultural value of respecting our elders and never publicly challenging them.” They found that there is particular intra-cultural resistance to Black women’s leadership, noting “the potential resistance to Black female authority and the level of aggression being expressed.” The conference included other people of color and whites, and the authors found patterns among these groups as well. They observe that “the Brown people ended up fighting with and wiping out each other,” while White participants exhibited a variety of behaviors. They note, The white members took up a number of roles, all of which seemed to share an aspect of either taking cover or claiming traditional hierarchical roles: Some white members said nothing throughout the three days. Some focused on the experiences of Black people as if it weren’t OK for them to talk about their own experience. Some tried to explain to other white people how to be empathetic across the racial divide…. And finally, some came with historical white authority, “I came to see if ‘they’ [the Black staff] would mess it up.” The authors wrote that the staff of this first conference on Black authority “felt the razor’s edge of being Black authorities in a mixedrace context and scrutinized by both Black and white people for missteps.” They left “longing for the approval and love of Black authority.” Managing affect Black leaders must shift back and forth between attenuating their power as they lead, and having enough power to shift the organizations they inherit. The demands on Black leaders come from all sides, usually without adequate support. While leadership generally is “not for the faint of hearts,” this is particularly true for Black leaders, and even more so for Black women leaders. The Forbes article, “Recognizing Workplace Challenges Faced by Black Women Leaders,” also finds additional challenges for Black women leaders. Comparing the experience of Black and White women leaders, Andie Kramer writes, White women are stereotypically seen as communal: pleasant, caring, deferential, and concerned about others. Their leadership challenge, therefore, is to avoid being seen as so communal as to be an ineffective leader without being seen as so agentic as to be unlikable. Black women face a very different challenge. They are not stereotypically seen as communal but rather as  assertive, angry, and “having an attitude.” Their challenge, therefore, is to avoid being seen as so angry or assertive as to be unlikable without being seen as so subservient and compliant as to be lacking in strength and independence. Thus, while both white and black women face potential lose/ lose double binds, black women’s double bind is far more precarious than that of white women’s. If white women are seen as too communal to lead, they will still be seen as likable, but black women lose either way: if they are seen as angry they are unlikable, if they are seen as subservient they are not respected. In other words, black women must navigate their lose/lose dilemma in such a way that they get it just right or they will be seen as neither leaders nor likable. Morgan Robert observes that Black leaders engage less than their white peers, as they seek to manage the affective load of these expectations. It takes a lot to navigate these challenges. So, it is not surprising that Morgan Roberts also finds that Black women leaders, in particular, tend to have a “robust sense of self.” … In a recent conversation with a Black woman nonprofit consultant, she shared, “All but one of my clients right now are Black women-led institutions where the Black leader is being challenged by the staff and the board, who have failed to show up for her.” She observes that the ways that board and staff are undermining Black women leaders is different. The board says, “We hired her. She’s so fabulous. She brings so much. We really want to follow her leadership, so we are not going to put any obstacles in her way.” But this “get out of the way” approach often belies an underlying desire to see her fail. One way this shows up in this consultant’s work is board members not showing up to board meetings. One of the leaders she works with has not had a quorum to pass the budget, which has impeded her ability to fundraise. The other way boards are undermining Black women’s leadership is by not performing executive reviews, so the executive has to move forward making bold decisions without feedback from the board. The consultant I spoke with said for one client that has gone on for three years. When the consultant spoke to the board about this, one member summed up the board’s feelings this way: “She went in a different direction than I was envisioning. I wasn’t there, so I can’t say anything about it. I don’t know if I can support her new vision.” The consultant concluded, “So they said they wanted to follow the leadership, but they slept on it. They are more comfortable with the topics of leadership that don’t require anything of them. The board’s inclination is to do as little as possible.” The consultant, echoing the major finding above, goes on to say, “The way the staff is undermining Black women’s leadership is questioning leadership’s authority in every dimension. It doesn’t matter what the reason is — ‘It’s too hierarchical,’ ‘There’s not a clear enough way for me to move up in the organisation,’ ‘This person is using the tools of white supremacy.’” She notes that the staff is using Tema Okun’s “White Supremacy Culture” as a guide, “Even in media companies, people are challenging the written word.” The consultant reflects, I feel like I have been here before. This is the moment in these periodic cycles of racial justice reckonings that we have every 20 to 30 years, where everybody in the social sector decides that activism looks like “work to rule,” or lowest permissible performance. In nonunionized institutions it’s quiet quitting, where people are showing up, collecting the paycheck, but declining to do the work. Right now people want to look radical. It’s fashionable. The language that is being used is “workers need more power,” but many are not able to articulate what is the power they have, how is it currently being used, what do workers want to do with the additional power. And the first thing that happens when they get the power they seek is they describe it as overwork. In my experience, most people asking for greater power, when given it, do not have a plan for using it meaningfully and are unable to sustain that commitment in addition to performing their job. I’m sure I’m not the only one seeing this. No, she is not. A recent  Mother Jones  article titled, “How the Mainstream Movement Against Gender-Based Violence Fails Black Workers and Survivors,” speaks to the spread of the pattern, even in spaces devoted to women and where Black women are often overrepresented as clients and White people are overrepresented in leadership: Yet advocates I spoke with say that, inside movement workplaces, the rhetoric about race often does not match reality. “Everybody loves to quote Audre Lorde,” says Michelle Osborne, former race and social justice manager at the YWCA Seattle. “But somehow, nobody wants an Audre Lorde to be their executive director.” In Osborne’s view, the solution to the problem has long been obvious — hiring, promoting, and resourcing advocates of color, and not subjecting them to greater scrutiny than their white counterparts. Over her many decades studying Black leadership, Morgan Roberts concludes that, Despite being confronted with challenges to which their nonblack peers may not be exposed, black leaders show great resilience and adaptability as they effect change on individual, organisational and ultimately societal levels. But we can do better. If the nonprofit sector cannot support the leadership of Black people, especially Black women, who can? Being Pro-Black includes honouring Black leadership. NewsHawks Issue 132, 19 May 2023


Page 48 Reframing Issues MATTHEW MARE THE United Nations (UN) was formed in 1948 and states were obliged by the UN to abide by the precepts of the convention. The UN mandated states to enforce and promote human rights. The UN created various international sector-specific legal instruments on women and children to ensure that they enjoy same rights and benefits at law. These international instruments are subject of review because the constitution of Zimbabwe recognises them in its interpretation of the law. The purpose of reviewing this literature resonates with the assumptions of this study that some African independent churches' (AIC) theologies violate the human rights component and they must be repelled. The purpose of repelling is to ensure that there is harmony between the law and theology. This research noted with concern that, while there is a need to ensure that there is harmony between theology and the constitutional provisions, the UN Articles 18 and 19 and section 60 of the constitution protect the church. These sections of the law do not compel the church to abide by secular laws, which is a major gap noted by this research. Without the essential laws to protect women and children’s rights even within ecclesiastical circles, their rights become subjective. Thus, each church chooses the quantum of rights that it can accord to women and children with impunity. This study noted that section 60 of the constitution of Zimbabwe and Articles 18 and 19 of the UN Human Rights Commission (UNHRC), which was adopted in 1948 by the UN General Assembly, explicitly protect freedom of thought, conscience, religion, opinion and expression. The evidence obtained in literature points to a more nuanced thinking where the UNHRC is in fact condemning states for limiting religious freedoms. Limiting religious freedoms is being considered a violation of human rights. Perhaps this helps to explain why churches are enjoying theological immunities, with The global perspective on women’s rights states failing to control or censor some of their theologies. The 2013 reports by both Human Rights Without Frontiers International and the UNHRC, listed eight countries which restricted religious freedoms as violating fundamental religious freedom regardless of whether the concerns raised against the identified states were valid or invalid. In accordance with the report findings, China arrested Protestants, Catholics, Buddhists, Muslims and the Falun Gong on the basis of their doctrines and teachings. In Morocco, a converted Christian was arrested for sharing his Christian faith to a Muslim. In Saudi Arabia, 52 Ethiopians were arrested for conducting a private religious service and, in India, protestants were arrested for private prayers. In Indonesia, a clergyman was arrested for working without a valid permit, in Kazakhstan an atheist was arrested for inciting religious hatred in his writings. In Libya, foreign missionaries were arrested for proselytising and, in South Korea, nearly 600 Jehovah’s Witness members were arrested for resisting mandatory military service. The reviewed literature helps the study to clearly understand that the UN system makes it very difficult for states to limit the powers of the church. In line with section 86 of the constitution, a right is limited by laws of general application through a recognised legal body, thus the Parliament or any other constitutional legal body. However, there are conditionalities when one limits a constitutional provision: the intent should be fair, reasonable and justifiable in a democracy based on openness, justice, human dignity, equality and freedom in accordance with section 86 sub-section (2) of the constitution. Legally, the structure of a typical constitutional rights provision is that it begins with a sub-section enunciating the nature and the content of the right. In addition, a sub-section may or may not have an internal modifier, that is a language built into the statement of the right which limits or restricts the parameters of the right. Internal modifiers are critical in that they set clear boundaries of what is permitted and what is not allowed and section 60 of the constitution is one such typical example where laws on the fundamental freedoms governing churches do not have internal modifiers, meaning that churches’ theologies are formulated depending on what each and every ecclesia would wish to. *About the writer: Matthew Mare is a Zimbabwean academic who holds two bachelor’s degrees, five master’s qualifications and a PhD. He is also doing another PhD and has 12 executive certificates in different fields. Professionally, he is a civil servant and also board member at the National Aids Council of Zimbabwe. NewsHawks Issue 132, 19 May 2023


Reframing Issues Page 49 AZUBUIKE ISHIEKWENE Whatever the world may be saying about fossil fuels, carbon footprints and spooky markets, the hundreds of thousands of unemployed Nigerians cannot wait for the relief that the commencement of Dangote Refinery promises. IT started like a grudge match. Africa’s richest man, Aliko Dangote, was dealt a bad hand in a failed transaction. Later, he vowed revenge. Not in a pound of flesh, but by venturing to make his own success where he had been ambushed. At issue was the decision of the government of Umaru Musa Yar’Adua in 2007 to reverse the sale of the Port Harcourt and Kaduna refineries (two of Nigeria’s moribund refineries) to Blue Star, the Dangote-led consortium. Blue Star had paid about US$670 million for the plants in the twilight of the Obasanjo administration and gone away thinking it was a done deal. It wasn’t.   Even though the refineries were producing at about 20% of their capacity at the time of sale, the Yar’Adua government, egged on by labour, insisted they were undervalued and underpriced. The sale was reversed. Dangote walked away bruised, but unbowed. Six years later he announced plans to build a private refinery in Lagos with a capacity of 650 000 barrels per day (bpd) — over 200 000 bpd more than the installed capacity of Nigeria’s four refineries combined. It sounded like a crazy idea. So crazy, Nigeria’s Central Bank Governor Godwin Emefiele said on Tuesday, 9 May, that because of it, the US lender JP Morgan had threatened to expel Nigeria from its government bond index for emerging markets. After unforeseen delays, including cost reviews (from the original US$12 billion to US$14 billion to US$19 billion) not to mention energy transition concerns, the glut in global supply caused by Covid-19 and spooky markets caused by the Russia-Ukraine war, the refinery is now set for official commissioning on 22 May. One source told me last week that perhaps the most significant recent reason for the delay was the need to synchronise the power supply to the Fluid Catalytic Cracking Unit, which has now been almost completed by General Electric. Apart from an estimated 250 000 direct and indirect jobs that the refinery will create, it is also expected to spin off other business opportunities, a story that Dangote loves to share in a country with 33% unemployment.   Dealing with the global green army S&P Global reported two months ago that the commencement of the Dangote Refinery would not only benefit Nigeria but could also benefit Africa, currently suffering a shortage of diesel as a result of the closure of three of five refineries/producers in South Africa. The continent imports about 700 000 bpd of diesel. Diesel is one of the four quality Euro-V products expected from Dangote Refinery, together with petrol, jet fuel and polypropylene.  But how does Africa’s richest man propose to deal with the growing resonance of the global green army? He was once outspoken on global warming and its predations. At a fundraiser hosted by the Lagos State government for victims of a major flood disaster in 2011, Dangote said, “All over the world, nature is reacting. We are having extreme weather conditions … as managers of the city, our responsibility is to share knowledge with our people to prepare for the worst and hope for the best.” That was before he started building his refinery. For Nigeria and much of Africa, where energy resources, renewable and otherwise, remain considerably underutilised, the choice seems to swing between managing emissions, already among the lowest in the world, and expanding industrial processes required to meet rising energy demand. Dangote Group said it was not in denial of the dilemma it faces from green campaigners. Its director Devakumar G Edwin said five years ago that the group was dedicated to producing “efficient and clean fuels by investing in processes that meet European standards of gasoline”. Edwin tracked back to why the refinery was started. “Primarily,” he said, “Nigeria exports raw materials and imports finished products. When you import the finished product back, you are essentially importing poverty into the country. “We have always focused on import substitution. It’s what we are doing in sugar and what we’ve done in cement. So, we decided to adopt the same strategy for petroleum refining.” Apart from the economic implications, an NGO, Stakeholder Democracy Network, reported on its website that the quality of the stock of imported fuel could also potentially undermine air quality, and cause other environmental problems.  Yet, the Energy Transition Plan (ETP), a green playbook by the government to achieve carbon neutrality by 2060, is an indication that Nigeria recognises the urgency of a sustainable carbon footprint. The ETP comes on the heels of the Petroleum Industry Act, finally ratified in 2021. The law is supposed to introduce stability, transparency and accountability to an industry that has long resisted reform. The ETP anticipates a scenario in which increased investment in the sector would lead to an uptake in the use of gas as a “transition fuel” and also help accelerate the move towards decarbonisation. The divergence of opinions surrounding what methods to implement and what outcomes to project has in some way come to define the conversation on sustainability, with a number of developing countries even canvassing such ideas as “energy justice”.  Environmental challenges Large industrial projects like Dangote Refinery, which covers 2 635 hectares, are infamous for the environmental challenges they present to the local ecosystem, often causing long-term damage and increased risk of displacement. Already, local populations have called attention to the disruptive effects of the refinery on the environment and their livelihoods. The continent faces the dilemma of how to overcome widespread energy poverty while at the same time not ignoring global concerns about the deleterious effects of converting its rich deposits of hydrocarbon resources. Nigeria, like many commodity-rich countries on the continent, is at a crossroads. Is there a bridge? Maybe. And Africa’s richest man is poised not only to fill a vital supply gap but also to do so as a business, keenly aware of all the bad habits that ruined the state refineries. Reuters quoted him as saying he was focused on starting production at the end of the third quarter of 2022 and reaching full capacity by early 2023 — a dream now deferred. Dangote Refinery is not Nigeria’s first experience in private refining. To plug the supply gap, previous governments issued dozens of licences for “modular refineries”. As a result of price caps and other regulatory hassles, however, only two of them with a combined capacity of 10 000 bpd are currently producing. Yet their combined output, even with those of the rogue refineries that dot the oil-rich Niger Delta region, still falls far short of the estimated daily consumption of 72 million litres daily, an estimate still viewed with suspicion in some circles. One and a half decades after Dangote’s Blue Star misery, the mood in official circles has changed. In 2021, the government gave the state oil firm, NNPC Limited, approval to buy a 20% stake valued at US$2.76-billion in Dangote Refinery, indicating a significant shift in government attitude.   Dangote told  The Economist  that the refinery would save Nigeria up to US$10 billion in foreign exchange and generate approximately US$10 billion in exports. The country’s perennially opaque petrol demand and supply chain could also be rewritten. While the location of the refinery could bring the benefits of lower freighting costs, pump prices would still be largely determined by the markets. Nigeria imports 80% to 90% of all its domestically consumed petroleum products. According to the Observatory of Economic Complexity (OEC), Nigeria imported US$11.3 billion worth of refined petroleum products in 2021, becoming the 18th-largest importer of the products in the world, while refined petroleum was the first most imported product in Nigeria. Whatever the world may be saying about fossil fuels, carbon footprints and spooky markets, the hundreds of thousands of unemployed Nigerians cannot wait for the relief that the commencement of the refinery promises, even if it’s indirect.  As Kudirat Oyefeso, a trader in Ajah, Lagos, about 8km from the site of Dangote Refinery said: “It is the person who is alive and has something to do that can worry about climate change.”  Looking back in his quiet moments 16 years after he felt hard done by the Blue Star experience, Africa’s richest man might perhaps sometimes pinch himself as he recalls how what started as a grudge match has ended up feeling like the parable of the rejected stone. — Daily Maverick. *About the writer: Azubuike Ishiekwene is the editor-in-chief at Leadership Media Group. Africa’s richest man promises 250 000 jobs in project that flies in face of global fossil fuel narrative Aliko Dangote NewsHawks Issue 132, 19 May 2023


Page 50 Reframing Issues GILBERT M. KHADIAGALA BARELY seven months after leaving office, Kenya’s former president Uhuru Kenyatta is battling to keep together the party that won him a second term and a majority in Parliament in 2017. His  Jubilee Party  performed dismally in the 2022 election. Only 25 out of 290 members of Parliament, two out of 47 senators and one county governor out of 47 were elected on its ticket. This isn’t surprising in Kenya where political elites switch parties and coalitions with every election. No political party or coalition has ruled for more than one term since the opposition deposed the independence movement, KA U, in 2002. Gilbert Khadiagala, a political scientist who has researched the fluidity of Kenya’s political coalitions, explains the impact of this. What is the background of Kenya’s fluid political landscape? The onset of the multiparty era in the early 1990s brought a new phase of complex political coalitions and alliances. They were competing against the previously dominant political party, the Kenya African National Union (Kanu). Typical of Africa’s post-colonial dominant parties, Kanu governed for more than two decades through authoritarian methods. Under presidents Jomo Kenyatta (1963-1978) and Daniel Moi (1978-2002), Kanu co-opted opposition figures into an elaborate system of patronage and coerced critics who didn’t toe the party line. The coalitions that emerged were based primarily on ethnic and regional affiliations — they were overwhelmingly elite-based. The first was the Forum for the Restoration Democracy (Ford). However, barely a year into its existence, Ford broke into two major factions — Ford Kenya and Ford Asili – in August 1992. Further splits followed. The dominant coalitions that participated in the August 2022 elections — the Kenya Kwanza alliance (led by William Ruto) and the Azimio alliance (led by Raila Odinga) — comprise many smaller parties. They are products of previous failed attempts at alliance building. In 30 years of competitive politics, coalitions were expected to gradually stabilise into coherent political parties with national reach and resonance. Instead, political coalitions in Kenya have not advanced beyond their narrow bases. They remain fundamentally ethnic and regional machines that are frequently scrambled together on the eve of elections to win power. I have  studied  Kenya’s politics for 30 years. It’s my view that Kenyan coalitions that rise and fall with every election do not provide the foundation for steady and enduring party systems. These coalitions postpone the evolution of national parties that would lend some predictability and stability to political competition. Parties should broadly reflect — and manage — societal differences. In Germany, for instance, parties have come together to overcome certain historical differences by calling on shared interests. Germany’s coalition governments are largely based on well-established political parties, not conglomerations concocted before elections as in Kenya. And political parties negotiate  these governing coalitions after elections, not before. Throughout Africa, where ethnic and regional divisions are paramount, political mobilisations deepen societal differences. Electoral violence occurs because winning coalitions control all the national resources. The  winner-takes-all  political systems of countries like Ghana, Kenya, Nigeria and Sierra Leone face a related problem: they have very small independent private sectors. So winners are tempted to use political power to grab national resources. What are the main weaknesses of fluid political coalitions? They cause instability in the country. Unstable coalitions contribute to electoral violence as losing coalitions vent their grievances. Following the violent aftermath of the 2017 Kenyan elections, Odinga’s coalition at the time, the National Super Alliance (NASA), threatened to agitate for the secession of his support base from Kenya. In 2002, there was a brief phase of optimism for an enduring coalition. The National Rainbow Alliance (NARC), led by Mwai Kibaki, was a grouping of the leading ethnic groups ranged against Moi’s chosen successor, Kenyatta. But it ended in civil conflict in 2007- 2008 after Kibaki marginalised key allies largely on ethnic and regional lines. The Government of National Unity crafted by international actors in 2008 became an uneasy and unwieldy coalition. Its members decamped to new coalitions in the next elections. Subsequent political alliances have reproduced the conditions for anxiety and chaos after every election. Despite the  2010 constitution  giving more power to Kenya’s 47 counties, political elites remain fixated on  winning presidential elections to gain power at the centre. The unstable coalitions also account for widespread corruption. Winning coalitions  expend enormous resources  to fortify their power. To do this they have to loot state resources. What are the strengths of these loose coalitions? In societies where ethnic groups coincide with regions, coalitions are one of the means of organising competitive politics. The loose coalitions enable leaders who neither share policies nor vision to temporarily accommodate each other. This creates a semblance of national unity. The fluid coalitions are, therefore, essential in such political landscapes until national cohesion and coherence are achieved. When the search for presidential power ceases to be politically relevant and salient, Kenya’s politics will be normalised. Transforming coalitions into solid parties may take time. But it’s the only way out of the prevailing political stalemate. What adjustments should be made? Kenyans do share basic breadand-butter interests. When those interests are highlighted — instead of ethnic and regional affiliations — political parties with national outreach could emerge. It’s elites who emphasise cultural and ethnic differences between regions. They have a large stake in the stalemate continuing, instead of building institutionalised parties. The puzzle for Kenya is how to transform ethnic diversities and identities into the foundations for predictable and organised politics. — The Conversation. *About the writer: Gilbert M. Khadiagala is Jan Smuts Professor of International Relations and director of the African Centre for the Study of the United States (ACSUS) at the University of the Witwatersrand in South Africa. Kenya’s political elites switch parties with every election — How this fuels violence Supporters at the launch of the Jubilee Party manifesto in Nairobi, Kenya, in June 2017. Simon Maina/AFP via Getty Images NewsHawks Issue 132, 19 May 2023


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