Price US$1 Friday 3 March 2023 NEWS Minister forced to reverse his corrupt mansion deal Story on Page 4 NEWS Farmer’s legal bid to thwart army’s land takeover flops WHAT’S Story on Page 8 INSIDE SPORT ‘I knew I wasn’t going to play for Zim again under Streak and Taibu’ Story on Page 54 ALSO INSIDE Psmas decay: Vice-President Chiwenga summoned Mnangagwa’s name mired in underworld gold activities
Page 2 News NewsHawks Issue 121, 3 March 2023 BRENNA MATENDERE FROM the Macmillan family and their gold-smuggling activities to the Kwekwe underworld mining adventures and Henrietta Rushwaya’s sensational arrest three years ago, President Emmerson Mnangagwa’s name is always mired in controversial sagas — indirectly and through name-dropping — relating to gold networks. His family and cronies are also linked to the Red Wing Mine looting, Pedzisayi “Scott” Sakupwanya’s minting of money from gold wheeling and dealing, and now the Al Jazeera undercover investigation exposing gold barons, their dark secrets and money laundering. The Mnangagwa name is associated with and runs through the different yet overlapping stories, plots and sub-plots involving the Macmillans, Kwekwe mining activities, Red Wing Mine and Sakupwanya’s Better Brands Jewellery, Rushwaya and now the ground-breaking Al Jazeera investigative tour de force. It is intertwined with these stories, sometimes solidly and through name-dropping. Government and police have previously warned people against name-dropping; leveraging his name for self-interest. The Macmillans — both Ian Hugh and his son Ewan Alexander — are said to be close to Mnangagwa, while his cronies are deeply involved in gold mining activities in Kwekwe. Sakupwanya is associated with him and his sons, especially Emmerson Jr. Angel is a presidential envoy and Zimbabwe’s ambassador-at-large appointed by Mnangagwa. And Rushwaya is a relative, a niece. When she was arrested in 2020 at Robert Gabriel Mugabe International Airport in Harare trying to smuggle 6.7kg of gold valued at US$330 000, people quickly linked her to the Mnangagwa family, with others saying the First Lady Auxillia and her son Colins were also involved. They swiftly denied it. Since state institutions like the Reserve Bank of Zimbabwe, via its subsidiary gold buyer Fidelity Printers and Refiners, are said to be part of the gold-dealing networks, that draws Mnangagwa deeper into the vortex. For a long time, Mnangagwa’s name has been associated with the Macmillan family, notorious for gold dealing and smuggling activities, as well as illicit trade and arrests. A report titled Mnangagwa’s Oligarchs: The heirs of Cecil Rhodes, published by the Daily Maverick in South Africa and other media platforms, has a section on the Macmillans. “Ian Macmillan and his son Ewan have built a business milling and buying gold around the country from their base in southwestern Zimbabwe. The elder Macmillan is among a small but influential group of white businessmen that supports Mnangagwa’s government,” it says. “Although the elder Macmillan is retired, he remains influential with his vast contacts in Zanu PF, cultivated over the last four decades. The Macmillans, like other white business tycoons, are not immune to the factional battles that consume the ruling party. “They have been arrested in the past for illegal possession of bullion and gold smuggling, but acquitted or released after paying small fines. Ruling party sources say the arrests are always linked to factional fights in the governing party. “When one faction believes another is receiving more than its fair share of ‘bribes’, it usually uses the police and the courts to send a message, the sources say. It is a game that white Zimbabwean businessmen are well aware of. In 2003, Macmillan and his son were arrested and charged for smuggling gold worth about US$68 million to South Africa through a syndicate. They were acquitted but have remained in the gold buying business.” Kenyan tycoon and pastor Paul Kamlesh Pattni, who was implicated in the 1990s Goldenberg scandal which involved unusual government subsidies for gold exports, is also close to Mnangagwa. He is a major gold dealer. On Goldenberg, Pattni was acquitted in 2013. Pattni, Ewan Macmillan, Rushwaya, Angel and state institutions are involved in the Al Jazeera exposé which features people around Mnangagwa bragging about their proximity to power and access to him. The interlocutors say they can easily launder dirty money — US$100 million — from outside using what they call their laundromat — gold and the central bank. Smelling money and sometimes in the midst of quaffing whisky, they reveal how it is done. Besides this, there are stunning revelations in the court case involving Bulawayo tycoon Mohammed Zakariya Patel and his former righthand man Ismail Moosa Lunat which exposes gold dealing, illegal currency transactions and money laundering. The evidence of criminality contained in court documents and chats between Patel and Lunat covers the period from 24 May 2018 to 14 January 2019. The President’s Office is named in some of the communications between them. The bulk of the evidence consists of WhatsApp messages between Patel and Lunat, records of local and international money transfers, memorandums, Reserve Bank of Zimbabwe intelligence memos, a series of transactions that egregiously violate the Exchange Control Act, gold deals and money laundering statutes. Lunat was Patel’s accountant for a period stretching from May 2018 to July 2019, hence intimately involved in his finances. When they fell out, they took each other to curt while exposing their dirty linen in public. At the time, former Zanu PF MP and minister Jonathan Moyo latched on the issue and upped the ante against Mnangagwa. “I’m uploading herewith raw evidence which exposes Mnangagwa & his wife Auxillia as the barons & beneficiaries of money laundering & gold smuggling by one Mohamed Zakariya Patel. The evidence covers the period from 24 May 2018 to 14 January 2019!,” Moyo tweeted. “As is often the case in such matters, the main enabler tends to vary either their name by use of different spellings or even use of different names. So, here you get Mohamed Zakariya Patel, or Mohamed Zakaraya Patel or Mohammed Zackaraya Patel commonly known as ‘Zaks Patel’! “The raw evidence consists of WhatsApp chats between Mohamed Zakariya Patel & Ishmael Mossa Lunat; along with key documents that backup the content of the chats. The chats specifically refer to ‘Number 1’ (Mnangagwa), ‘First lady’ (Auxillia) & ‘Pres (President's) Office’.” Moyo added: "The evidence is uploaded here as raw data to enable citizens, especially the media, civil society, churches, political parties & academia to do their own investigations to draw their own conclusions to inform their own interventions & praxis to tackle the crisis. Study it! “The complete WhatsApp chats are uploaded; but highlighted here are Mohamed Zakariya Patel's clear & unambiguous mentions of money laundering transactions for ‘Number 1’ (Mnangagwa) & a ‘fuming first lady’ (Auxillia); as well as visits to ‘Pres Office’ ( President's Office)! “Attached is the verbatim record of WhatsApp chats from 24 May 2018 to 14 January 2019 between Mohamed Zakariya Patel & Ishmael Moosa Lunat; implicating Mnangagwa (Number 1) & his wife (first lady) Auxillia, in money laundering and gold smuggling! “It's also clear from Mohamed Zakariya Patel's Dossier that the biggest loser in the scam is Fidelity Printers & Refineries, meaning the people of Zimbabwe, who only get paid 45% of the value of the gold in RTGS local currency. It's an untold story of shocking grand looting! “What emerges is that Mnangagwa's so-called anti-corruption campaign is fake. Mnangagwa has weaponised corruption, not to fight it but to criminalise his opponents and has used that criminalisation to cover up his & his family's corruption as captured in the ‘Zaks Dossier’. “The facts & the implications of the WhatsApp chats between Patel & Lunat speak for themselves; exposing serious crimes. The people must hold Mnangagwa & his wife Auxillia to account, without fear or favour. State House is now a looting haven!” Mnangagwa’s spokesperson George Charamba refused to comment, saying he could not respond to snippets. “What do you want from The NewsHawks, I don’t want to talk to you. What do you want to ask? Get lost, I don’t want to engage you on something which is not yours and secondly which has not yet played. You want me to speculate on a documentary which has not yet played? I don’t know about it because snippets are decontextualised. You think a snippet is a programme. I don’t respond to snippets.” In the Al Jazeera case, the allure of making millions of dollars overnight through providing money laundering services — including a promise to provide a US$10 million payment to one of the gold dealers — and peddling proximity to power while quaffing fine whisky got Zimbabwe’s underworld gold barons into the Qatar-based international broadcaster Al Jazeera’s Investigative Unit’s net. The Investigative Unit’s mission is to act in the public interest in order to expose wrongdoing and speak truth to power. It operates under codes of practice of Britain’s Office of Communications which supports the finest traditions of public serMnangagwa’s name mired in underworld gold activities Zimbabwean gold baron Ewan Macmillan
NewsHawks News Page 3 Issue 121, 3 March 2023 vice journalism. In its exclusive report titled Unveiling Zimbabwe’s Dark Secrets, Al Jazeera, judging by the film’s trailer and the threaded together snippets, exposes dirty money around gold dealing and laundering, as well as greed and looting. Also subtitled Gold Mafia, the investigative news documentary has managed to whet Zimbabweans’ appetite, becoming the talk of the town this week. The trailer or preview advert trended in the country for days. Gold Mafia features Zimbabwean politicians, their cronies, government officials and gold dealers, as well as businesspeople caught in the crossfire, some of them ending up as collateral damage. In terms of structure and presentation, it is a four-part series film initially set to be released on March 2, 9, 16 and 23 2023. The series looks at how society’s obsession with gold and its vanity through the ages underwrites a global shadow economy and underworld criminality. Since the dawn of civilisation, this shiny yellow metal has seduced inhabitants of every continent and every age. In the process, the film exposes the complicity of politicians, state institutions, global financial institutions, regulators and governments in the criminal underworld. Through thousands of confidential documents and exclusive interviews with whistle-blowers from within the underworld, investigators obtain the blueprints of billion-dollar money laundering operations that service the political elite and their cronies. The interface between politicians, underworld criminal networks and dirty money is laid bare. Al Jazeera uses undercover investigative techniques to unearth the issue, a form of journalism in which a reporter or reporters infiltrate a group posing as somebody friendly as a ruse to gather information and evidence. Across the world, undercover investigations, carefully balanced with ethics, have produced extraordinary, impactful journalism. In countries without public record transparency rules or strong source protection laws, going undercover can be one of the few tools reporters have to investigate public interest stories. In the Al Jazeera case, undercover reporters pose as criminals possessing more than US$1 billion in the underworld which needs to be cleaned. The team is led by a fictitious character, Mr Stanley, a Chinese gangster with links to the Triads, which are Sino organised-crime networks. His undercover reporters befriend members of rival gold mafia gangs. Mnangagwa’s envoy and self-styled cleric, Angel, who is also Zimbabwe’s ambassador-at-large to Europe and the Americas, takes the bait and explains how money is smuggled and laundered using his diplomatic passport. In other words, how the diplomatic passport has now become a passport for money laundering. “I am the second-largest diplomat in the country,” Angel tells undercover reporters. “Right now I can have a bag like this with US$1.2 billion and put red tape written diplomat. Nobody can touch it. It is a very, very easy thing.” Ewan Macmillan, who has been arrested several times before over gold activities, talks of how he smuggles gold using private planes through airstrips with the help of politicians and officials. Macmillan, a member of the well-known Macmillan family which has had so many brushes with the law, apparently reveals a lot. Macmillan even describes Vice-President Constantino Chiwenga as a “dunderhead”. The allure of money paid for laundry services and expensive whisky apparently played a part in spilling the beans. Born Ewan Alexander Macmillan on 3 January 1971 in Chinhoyi, in the then Rhodesia, and a former rugby scrum-half, the gold baron is the son of Ian Macmillan, a retired businessman with interests in minerals. The Macmillans were arrested several times. Ewan Macmillan was in 2007 arrested for illegal possession of 1.207kg of gold, but then escaped a five-year jail term when a magistrate's court fined him on a technicality. In 2003, Ian Macmillan and his son were arrested and charged for smuggling gold to South Africa through a syndicate. They were acquitted, but remained in the risky yet money-spinning gold trading business. Ian Macmillan, his son Ewan, Clare Lynn Burdett and Collen Rose were arrested in South Africa at the time trying to smuggle gold worth about US$161 000. The Macmillan family is said to have made a fortune through gold milling and buying around Zimbabwe. On Al Jazeera, Mr Stanley and his team get invited to closed-door meetings with Pattni, notorious for devising a gold export scam that siphoned US$600 million from Kenya in the 1990s. They also sit down with Pattni’s competitor and Ewan Macmillan, the convicted gold smuggler. “There is an opportunity, a hell of a big opportunity to wash money here,” Ewan Macmillan says. Both men are licensed gold traders in Zimbabwe and Dubai. They offer Al Jazeera’s undercover team lucrative deals to launder over US$100 million through government gold export schemes. The rival crime bosses reveal their proximity to the state banker laundromat. The investigation reveals the gold mafia are employed by Zimbabwe’s ruling elite to export bullion on government’s behalf as a sanctions-busting measure. Mr Stanley speaks to Rushwaya, president of Zimbabwe Miners' Federation and Mnangagwa’s niece. Within minutes, she offers them a laundry service that can clean US$10 million of dirty cash a week, showing her 2020 ordeal has not deterred her. Research says at least 60kg of gold worth millions of dollars is smuggled from Zimbabwe to Dubai monthly. As a result, more than US$100 million is lost monthly, or US$1.5 billion of gold is smuggled out of Zimbabwe every year, much of it to Dubai. Tellingly, Zimbabwe’s government officials reacted with panic to an investigative documentary they have not even watched. Al Jazeera surprised its audiences when it announced at the eleventh hour that it was delaying airing the investigation. The network sent emails to some Zimbabwean journalists advising the report had been put on hold. “The report we were planning to release will no longer be released this morning. Bear with us as we arrange the release time,” Al Jazeera said. After that, The NewsHawks later heard there were people interviewed or some sources no longer comfortable with being on record. Later it was said the film delayed because Dubai — a gold-trading hub — is pressuring neighbouring Qatar to change the narrative which makes it appear like it is a centre of illicit gold trade. Although their relations were previously frosty over terrorism issues and at one time were severed, the United Arab Emirates and Qatar are now trying to find each other with neighbours in the region involved. There are fears in Zimbabwe, which is abuzz with talk of the investigation, that the state-owned Al Jazeera might be backtracking under legal, diplomatic or mafia pressure. Mining, especially gold, is central to Mnangagwa’s economic revival plans and his Vision 2030, but at this rate Zimbabwe will continue to suffer the paradox of plenty or poverty amid vast natural endowments — the resource curse. While political elites and gold barons mint millions, all that glitters is not gold for the majority of poverty-stricken Zimbabweans. Pastor Uebert Angel (left), presidential envoy and ambassador-at-large for the Americas and Europe, with President Emmerson Mnangagwa Zimbabwe Miners Federation boss Henrietta Rushwaya
Page 4 News NewsHawks Issue 121, 3 March 2023 JONATHAN MBIRIYAMVEKA PUBLIC Service minister Paul Mavima could be forced by President Emmerson Mnangagwa or top officials to reverse his corrupt US$400 000 upmarket house purchase deal in Quinnington, Borrowdale, Harare, involving the National Social Security Authority (Nssa), which is under his control, and the ministry of Finance. Following The NewsHawks’ exclusive investigation into Mavima’s house deal, Nssa boss Charles Shava, who is acting general manager, was summoned to Mnangagwa and Chiwenga’s offices on Monday to explain what was happening. He was asked to write a report on the house issue before he was arrested later in the week — on Thursday — on allegations of fraud, which he says are contrived. “On Monday, Shava was summoned to high offices (Mnangagwa and Chiwenga’s) to explain what is going on at Nssa,” a source in the Office of the President and Cabinet said. “He was asked to write a report on that matter for higher authorities, which he did. The issue is now being handled by Chief Secretary in the Office of the President and Cabinet, Misheck Sibanda. There is mounting pressure for urgent action to be taken. Shava might be brought to book or forced to reverse the deal, which is likely.” These events were before Shava was arrested on allegations of fraud involving US$12.2 million. His arrest for allegedly giving doctors allowances without board approval was seen as a fightback by the minister. Shava was picked up by the Zimbabwe Anti-Corruption Commission a day before a disciplinary hearing for Nssa director Brian Mrewa. Mrewa, Nssa’s suspended director for investments and properties, helped Mavima in his Borrowdale house deal. He was the one who facilitated everything on that. So the minister and his associates feared that if Shava — who is the complainant in the matter — is free, the disciplinary hearing would go ahead with or without Mrewa, and nail them. So Shava had to be arrested to stop that. This was known in Nssa’s corridors of power. When the hearing was initially scheduled for Tuesday, the plot was to arrest Shava on Monday to prevent it going ahead. That only stopped when the hearing was postponed to Friday, hence Shava’s arrest the day before. Through his legal advisers, Shava has described the allegations as baseless and unfounded. He views this as intimidation and retribution. However, his accusers say let him clear his name before the courts if he is innocent as he pleads. While he was Acting President in January, Chiwenga stopped Mavima from removing Shava, who is also occupational health and safety director, in a bid to replace him with Agnes Masiiwa, director for contributions, collections and compliance. Masiiwa is the minister’s ally. In an attempt to bring the Nssa situation under control, Chiwenga swiftly moved to clip Mavima’s wings and stop him from removing senior executives in the midst of a forensic investigation, saying this violated good corporate governance tenets. According to a letter from the President's Office dated 3 January, seen by The NewsHawks, Chiwenga ordered a reversal of the appointment of Masiiwa as acting general manager to replace Shava with effect from 1 January 2023. Masiiwa’s appointment was done by Nssa board chairperson Percy Toriro with Mavima's approval. The letter, signed by the deputy chief secretary for policy analysis, coordination and development planning, Willard Manungo, read: "Correspondence of 30 December 2022 from the Nssa board chairman Percy Toriro with regards to the above refers: "For good order, the Office of the President finds the proposed change of acting general manager by the Nssa board chairman at a time when forensic audit processes are underway as a serious violation of corporate governance rules and ethics. "Pursuant to good corporate governance, the Hon. Acting President advises that nothing should be done to remove the Nssa acting general manager in the midst of the forensic audit processes currently underway." Shava has been acting general manager since July 2022 when the substantive boss, Arthur Manase, was suspended over corruption allegations involving a US$750 000 loan. Manase reportedly got the loan while he also received a US$2 500 monthly housing allowance — which amounted to double-dipping. Nssa, constituted and established in terms of the Nssa Act of 1989, is a statutory corporate body tasked by the government to provide social security. It has an investment portfolio of US$1.2 billion in various sectors of the economy. As a result, it is also seen as a cash cow by political and corporate vultures, although pensioners get peanuts. Zanu PF factions and their leaders always fight to control the fund as it gives them access to cheap finance and business deals for self-aggrandisement, as well as opportunities to build war chests for political battles. Investigations show the Borrowdale property deal was done secretly on behalf of Mavima. Due process and board approvals to buy the Quinnington house, Stand No. 218 Lot A1, were not followed. The property was valued at US$350 000, but US$400 000 was paid by Nssa, creating room for US$50 000 to go into private pockets. The transaction was executed on 3 October 2022. The issue came to light when Nssa deputy director (audit) Andrew Nyakonda was tasked by Shava on 16 February to conduct an investigation into the disposal of the Borrowdale house and the purchase of Kariba Lodge, Stand No. 989 Kariba Township, for US$244 000. Although Nssa bought the house, it was not transferred to its books before it was sold to Mavima. It was registered under a special purpose vehicle, Angvo Investments (Pvt) Ltd and the deeds were under CABS custodial services, not CBZ Custodial Services who are the custodians of Nssa assets bought through asset management firms. The minister initiated the deal as he identified the property which belonged to one Seremane and asked Nssa to buy and keep it for him while he awaited the disbursement of his US$500 000 housing allowance given to each cabinet minister by government. In so doing, the minister effectively created and gave himself a loan from Nssa. He also had a clear conflict of interest in the matter. There was also abuse of office or duty. Deputy ministers got US$350 000, while members of Parliament received US$40 000. Shava, who was supposed to oversee the transaction as the boss, was side-lined on the deal. He told Mrewa to first seek board authority before initiating the transaction, but he was ignored. The underhand Borrowdale house scandal came as The NewsHawks unearthed 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, Mrewa said 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 held at the asset management firm which facilitated the deal. The Quinnington house and the Kariba Lodge transactions were driven by Nssa's Mrewa, first reported by The NewsHawks as having been suspended recently over the two deals. Fearing arrest, Mrewa has skipped the border into South Africa. Public Service minister Paul Mavima Minister forced to reverse his corrupt mansion deal
NewsHawks News Page 5 Issue 121, 3 March 2023 OWEN GAGARE PUBLIC Service, Labour and Social Welfare minister Paul Mavima and his hatchet team within the National Social Security Authority (Nssa) and the Zimbabwe Anti-Corruption Commission (Zacc) are lashing out at Nssa boss Charles Shava who is investigating his corrupt US$400 000 upmarket house-purchase deal in Quinnington, Borrowdale, Harare. After The NewsHawks exposed his corrupt deal, together with another fraudulent US$244 000 Kariba property transaction which got his key Nssa ally Brian Mrewa, director for investments and properties, suspended, the minister unleashed his attack dogs within Nssa and Zacc on Shava for exposing corruption. Their strategy is being implemented to the tee in a bid to save the minister and his Nssa faction which was prevented by Vice-President Constantino Chiwenga from seizing control of the US$1.2 billion pension fund in January when he was Acting President. Mavima and his Nssa board wanted to remove Shava and replace him with Agnes Masiiwa, Nssa director for contributions, collections and compliance. Chiwenga scuttled the plan. President Emmerson Mnangagwa has also voiced serious concerns about Nssa corruption. Mavima and his troops’ strategy was to move fast to get Shava arrested on Monday to pre-empt a disciplinary hearing against their ally Mrewa who has now fled to South Africa. Shava is the complainant as acting general manager. Without him, the case cannot go ahead. The minister and his group fear that the hearing might open Pandora’s box for them, revealing the Borrowdale house scandal and other corrupt activities around real estate. When the disciplinary process was postponed to Friday, as Shava was briefing government officials on the house corruption on Monday, Mavima and his faction moved swiftly to rope in Zacc to arrest the Nssa boss on Thursday, a day before the hearing. That stalled the Friday hearing, which was their plan. The disciplinary hearing was postponed to 30 March. Shava was arrested on fraud charges involving allegations that he gave allowances amounting to US$12.2 million to Nssa doctors — an average of US$3000 a month — without board approval. He appeared in court on Friday and was given ZW$500 000 bail. He was remanded out to 3 May. While Zacc, which is accused of supporting the minister and his Nssa allies, charged Shava of fraud, his legal advisers say the allegations are fabricated and designed to get rid of him from the organisation to save the minister and his cronies. Shava says he did not commit fraud because the allowances were approved by management and the board. He says the approvals are there in writing. Claims to the contrary, he says, are vindicative and malicious. Announcing Shava’s arrest, Zacc said: “The accused altered a board resolution which had rejected the proposed allowances for four Nssa doctors and caused the human resources manager to pay the allowances without approval, claiming the board had since approved the allowances”. However, a memorandum dated 20 December 2022, from Shava to human resource committee chairperson Grace Mathe, shows that the board had approved the proposal to pay allowances to doctors. The memo is signed by Shava, Mathe and board chairperson Percy Toriro. There is also another document supporting that resolution. However, Mavima and his cabal would not let the truth stand in their way. Soon after he was granted bail, Shava is now the target of suspension. A legal opinion written by company secretary Prudence Mutsvanga recommends that Shava be suspended. “Considering the above (Shava’s arrest and court appearance, as well as bail and attendant laws), we recommend that the board suspends Dr Shava pending finalisation of the investigations into his matter and in the interim appoint someone acting general manager,” Mutsvanga’s opinion, dated 3 March, says. This gives Mavima and his board the opportunity to appoint Masiiwa acting general manager, the very thing Chiwenga blocked them from doing in January, saying it violated tenets of corporate governance in the midst of a forensic audit. Mavima wants his person to be in charge — and he prefers Masiiwa — so that he grabs control of the institution and covers up corruption tracks. Nssa, constituted and established in terms of the Nssa Act of 1989, is a statutory corporate body tasked by the government to provide social security. It has an investment portfolio of US$1.2 billion in various sectors of the economy. As a result, it is seen as a cash cow by political and corporate vultures, although pensioners get peanuts. Zanu PF factions and their leaders always fight to control the fund as it gives them access to cheap finance and business deals for self-aggrandisement, as well as opportunities to build war chests for political battles. Due process and board approvals to buy the Quinnington house, Stand No. 218 Lot A1, for Mavima, amid fraudulent financial engineering for private benefit by Mrewa, were not followed and secured respectively. The house was valued at US$350 000, but US$400 000 was paid by Nssa, creating room for US$50 000 to go into Platinum Investment Managers on 3 October 2022. The issue came to light when Nssa deputy director audit Andrew Nyakonda was tasked by Nssa’s acting general manager Charles Shava on 16 February to conduct an investigation into the disposal of the Borrowdale house and the purchase of Kariba Lodge Stand No. 989 Kariba Township for US$244 000. Although Nssa bought the house, it was not transferred to its books before it was sold to Mavima. The minister initiated the deal as he identified the property and asked Nssa to buy and keep it for him while he awaited the disbursement of his US$500 000 housing allowance given to each cabinet minister. Deputy ministers got US$350 000 and MPs US$40 000. Efforts to get a comment from Mavima were unsuccessful. Mavima lashes out against Nssa officials probing his corruption Nssa acting General Manager Charles Shava
Page 6 News NewsHawks Issue 121, 3 March 2023 Enjoy MORE DOLLAR VALUE FOR YOUR 60 Mins $5 $7 $10 or to check your OneFusion balance, dial *379# To convert your USD airtime to OneFusion or to check your MoGigs balance, dial *379# To convert your USD airtime to MoGigs
NewsHawks News Page 7 Issue 121, 3 March 2023 BRENNA MATENDERE ZIMBABWE’S largest labour union has challenged the National Social Security Authority (Nssa) to come clean after it emerged that Public Service, Labour and Social Welfare minister Paul Mavima overpriced a US$350 000 property located in an affluent Harare suburb, thereby prejudicing the state-administered pension fund. Last week, The NewsHawks revealed that a house in Quinnington, Borrowdale, Harare, was irregularly bought by Mavima through Nssa which falls under his ministry. Due process and board approvals to buy the Quinnington house, Stand No. 218 Lot A1, were not followed. The house was valued at US$350 000, but US$400 000 was paid by Nssa, creating room for US$50 000 to go into private pockets. The transaction was executed through Platinum Investment Managers on 3 October 2022. The issue came to light when Nssa deputy director (audit) Andrew Nyakonda was tasked by the pension fund’s acting general manager, Charles Shava, on 16 February to conduct an investigation into the disposal of the Borrowdale house and the purchase of Kariba Lodge Stand No. 989 Kariba Township for US$244 000. The Mavima case added to other corruption matters at Nssa now being investigated by the Zimbabwe Anti-Corruption Commission (Zacc) estimated at US$1.2 billion. In an interview with The NewsHawks on Thursday, acting ZCTU secretary-general Kudakwashe Munengiwa said the union is deeply concerned about the corruption at Nssa and challenged Mavima to clear his name. “We note that funds used to purchase the said property are pensioners’ contributions and investments. It is therefore prudent for the minister, as the custodian of those funds, to come clean on the matter,” he said. Munengiwa, who is also the Zimbabwe Urban Council Workers' Union (ZUCWU) secretary-general, expressed concern that corruption at Nssa involved gatekeepers tasked with ensuring good corporate governance at the entity. “It is also bothersome that before any decisive action is taken on the findings of the Nssa forensic audit, multifaceted malpractices involving senior management continue to emerge and this time the minister is implicated in the same corrupt shenanigans,” said Munengiwa. “Individuals and entities that wield authority in the public and private sector continue to bleed Nssa through arm-twisting due diligence processes in the awarding of tenders, non-performance of due diligence on prospective contractors and non-evaluation of investment proposals with impunity.” The firebrand trade unionist reiterated that ZCTU will not slumber while pensioners’ contributions and investments are plundered by a few individuals while beneficiaries languish in poverty. “Nssa pension payouts and benefits remain pathetic because of corrupt individuals who manipulate systems and processes at the social security entity despite concerned efforts by labour to improve their benefits,” he said. “We shall without fear or favour continue to raise alarm over corruption at Nssa as well as demand accountability and appropriate punitive action for the corrupt.” Nssa investments and properties director Brian Mrewa, who helped Public Service minister Mavima to corruptly buy a US$400 000 house in Borrowdale, has reportedly skipped the border into South Africa to evade arrest by Zacc. Mrewa is also involved in another fraudulent Kariba commercial property deal sold for US$215 000, although US$244 000 was taken out of Nssa for the same transaction. Nssa’s general manager Arthur Manase was suspended over a dodgy US$750 000 housing loan which he got while he also simultaneously drew a housing allowance. It added to Zanu PF factional battles which continue to erupt and find expression in government and state institutions, with the US$1.2 billion Nssa pension fund being one of the key battlegrounds. The ruling party factions and their leaders always fight to control Nssa, as it gives them access to cheap funding and business deals for self-aggrandisement, as well as an opportunity to build war chests for their political battles. In a bid to bring the situation under control at Nssa, Vice-President Constantino Chiwenga when he was acting president last month, clipped Mavima's wings by stopping him from removing senior executives at Nssa and replacing them with his allies, saying it violated good corporate governance. ZCTU wades into Nssa corruption ZCTU acting Secretary-General Kudakwashe Munengiwa
Page 8 News NewsHawks Issue 121, 3 March 2023 A FARMER, Wonder Mukwaira, who was challenging his farm takeover by the Zimbabwe Defence Forces, had his court application thrown out by the High Court for failing to justify his request. Mukwaira had sued Agriculture minister Anxious Masuka for withdrawal of his offer letter. On 25 June 2013, Mukwaira was offered a piece of land under the Land Reform and Resettlement Programme (Model A2 Phase II) by the minister. The offer was in respect of Subdivision 3 of Ingleborough Farm in Mazowe district, Mashonaland Central province, for agricultural purposes. The piece of land measured 253 hectares. In October 2017, the ministry handed over the entire farm measuring 602.7 hectares to the Zimbabwe Defence Forces for institutional agricultural use. By a similarly worded letter dated 11 January 2005 the minister of Special Affairs in the Office of the President and Cabinet in charge of Lands, Land Reform and Resettlement had handed over the farm to the Zimbabwe Defence Forces. On 29 June 2021, Masuka notified Mukwaira of the ministry's intention to withdraw the land offer in respect of the farm. He was told that the land was to be used for public purposes and that he would be given another farm. Through a letter dated 10 March 2022, the minister withdrew the land offer as per his notice of withdrawal of 29 June 2021. As a result of this letter, Mukaira through his legal practitioners of record, wrote back to the minister raising issues about not being furnished with reasons of the withdrawal, not being advised of his right to either appeal or seek review, the minister's powers to withdraw offers of land and no offer of compensation. This culminated in the present application. Mukwaira said by withdrawing the offer of land, the minister had acted unlawfully as he does not have the powers or jurisdiction to withdraw an offer of land. He said Masuka acted unfairly by failing to give the applicant notice of any right of review or appeal and by not paying or offering any compensation to him. Mukwaira sought relief to the effect that Masuka’s decision to withdraw the offer of land be set aside. Alternatively he sought relief that if the withdrawal is found to be valid, the government should be ordered to pay compensation as may be agreed or determined by an arbitrator. Masuka challenged the application. He said reasons were availed in the various notices given to Mukwaira and “that the main one was that the land was withdrawn for public purposes". He said it was common cause that before the notice of withdrawal letter of the 29 June 2021, Masuka was served with several notices of intention to withdraw the offer of land, cease operations on the farm. Through a letter dated 9 February 2015, he was informed to cease all farming operations on the farm, the reason being that the ministry of Defence had found an investor to carry out meaningful operations at the farm. The letter was from the ministry of Defence. On 10 September 2015, a notice of intention to withdraw the land offer was issued by the minister of Lands. The reason for the withdrawal was given as double allocation as the farm had been issued to the Zimbabwe Defence Forces for security purposes. In his response to the letter of 10 September 2015, the court said Mukwaira was not averse to the withdrawal of the land offer. “He pleaded with the Minister to extend the notice period to allow him to work on the administration of his current projects, and for the Minister to find him alternative land,” read court papers. On 28 January 2016 another notice of intention to withdraw the land offer was issued by the minister. The reason was given as the farm was acquired and handed over to the Local Government ministry. It was also Masuka’s position that the respondent, being the custodian of all state land, is empowered by section 23 of the Land Commission Act [Chapter 20:29] to issue offer letters and in terms of section 26 is empowered to set terms and conditions for leases of gazetted or state land to applicants. The farm being state land, Masuka said he had the powers to withdraw the offer letter. He said he had the right to withdraw or change the offer if he deems it necessary. The judge concurred. “In my view the applicant's submission that he meant reasons for the withdrawal and not for the intention to withdraw is to look for a difference where there is no difference. “Indeed applicant was not advised of his rights in terms s 2(1)(c) of AJA. He was not advised that he could seek review of or appeal the decision to withdraw his offer of land. “Neither was he advised of the time frame within which to vacate the land. Was this irregularity so fatal that it caused applicant prejudice or resulted in substantial injustice? “Applicant did not allude to any prejudice he suffered. Respondent conceded that administratively the irregularity will be addressed. In my view therefore, the non-compliance with s 2(1)(c) is not so fatal an irregularity that it calls for the setting aside of the respondent's decision,” ruled the judge. — STAFF WRITER Agriculture minister Anxious Masuka Farmer’s legal bid to thwart army’s land takeover flops
NewsHawks News Page 9 Issue 121, 3 March 2023 BRENNA MATENDERE PARLIAMENT has summoned Vice-President Constantino Chiwenga to give a ministerial statement on the chaos at Premier Service Medical Aid Society (Psmas), as well as inform the nation why the public health system is crumbling given that major hospitals are operating without critical life-saving equipment. Chiwenga doubles as Health and Child Care minister. The matter was first raised on Wednesday by Bulawayo South MP Jane Nicola Watson who was supported by independent Norton legislator Temba Mliswa and Nkayi South legislator Stars Mathe. Earlier, Muchineripi Chinyangana, the MP for Kadoma Central, had decried lack of government’s commitment to providing cancer-treatment machines in major hospitals despite a public outcry over the years. In raising the call for Chiwenga to be summoned to appear in Parliament with a ministerial statement, Watson said the move was long overdue given that the health system was in dire straits. “It has been requested that the minister of Health comes with a comprehensive statement on the state of the health delivery service in the public sector and I think it is long overdue. These questions should be answered because I do not think it only applies to cancer machines but I think the public health service delivery is collapsing,” she said. Speaker of Parliament Jacob Mudenda at that stage asked Chiwenga’s deputy, John Mangwiro, to comment. “Honourable minister, are you acquiescing to the request?” Mudenda asked, upon which Mangwiro responded: “Yes honourable Speaker, we agree to the request but with your permission, I do not endorse the statement that the health system is collapsing. We have as we speak the lowest number of Covid-19 deaths and lowest figure of cholera deaths. That statement cannot be sustained by facts.” Mliswa rose on a point of order and called for Chiwenga to include explanations on the dire situation at Psmas in his ministerial statement to be presented to the National Assembly. Said the Norton MP: “With all due respect, I think the issues of health are very sensitive. We are paying Psmas as we speak but we cannot be treated. I think with, due respect, the health delivery system is not performing well. We are all paying Psmas and money is being deducted throughout the civil service but there is nowhere to go. All the Psmas hospitals are closed,” Mliswa said. “I think I should add to what should be addressed in the ministerial statement. Can the minister also talk about why the Psmas hospitals are closed yet people are paying Psmas every month? “What has government done to ensure that all of us who are sick can go to another hospital where we can be looked after because people are not getting the needed attention and they are dying? “If he can include that, especially the Psmas issue which we are all beneficiaries of. I do not know why members of Parliament were clapping yet you know that when we are sick we cannot fly but he is a minister and he can fly out. “We have to deal with hospitals here. So, I am actually ashamed that you [fellow MPs] are actually busy clapping when you know that you can die here without receiving treatment. The ministers will be flown outside.” Mathe agreed that in his ministerial statement Chiwenga should include the aspect raised by Mliswa. “Thank you, honourable Speaker. We will do that [bringing of Chiwenga ministerial statement],” promised Chiwenga’s deputy, Mangwiro. Psmas medical aid holders have been failing to get healthcare services, with the company hitting hard times amid allegations by union leaders that senior government officials want to sink the medical services provider, so that it can be acquired cheaply by politically connected persons. The entity runs a chain of hospitals, clinics and laboratories with 126 service centres across the country but its service delivery plunged to record low levels since mid-last year and the company has since closed some of its outlets. The problems of cash crunch at the entity started when top officials looted its public funds. Psmas has over the years been looted by politically connected persons, including President Emmerson Mnangagwa’s spokesperson George Charamba. In 2015, it emerged that Charamba, a former Psmas board member, received US$228 278 between 2009 and 2013 in board fees and allowances, which was extraordinarily exorbitant. According to an Ernst and Young forensic investigation on the use of Psmas funds draft report of 2015 addressed to Psmas interim manager Gibson Mhlanga at that time, a total of US$2 438 000 was spent on board directors' remuneration. In another scandal that also drained the entity, former chief executive officer Curthbert Dube pocketed a staggering US$460 000 monthly as a basic salary, among other unbelievable perks. In September last year, five Psmas executives were arrested by the Zimbabwe Republic Police (ZRP) anti-corruption unit on various allegations that include theft, fraud and forgery involving millions of dollars. The officials are medical services chief executive officer Farai Muchena, managing director Tafadzwa Gutu, Victor Chaipa, Cosmas Mukwesha and Shingai Mabuto. They appeared before regional magistrate Taurai Manuwere. The financial constraints at the entity have now affected the welfare and working conditions of employees. The Premier Service Medical Investments (PSMI) employees last month resorted to holding prayer vigils at PSMI’s Parkview Hospital in Harare, demanding their outstanding salaries and pleaded with President Emmerson Mnangagwa to intervene to resolve the impasse with their employer. PSMI national workers' council committee chairperson Munyaradzi Nharaunda told the media at that time that they had exhausted other channels of communication with the authorities, including writing to Psmas director Nixjoen Mapesa. Last week a video went viral showing Psmas workers breaking into tears after being retrenched without receiving exit packages or outstanding salaries. “We have been silent for a long time. Most of the time we could go to Christmas without salaries but we were quiet hoping our company would grow. Now they are neglecting us. They did not tell us when they will cover our salaries,” a lady’s voice is heard in the video. Psmas decay: Chiwenga summoned Vice-President Constantino Chiwenga
Page 10 News NewsHawks Issue 121, 3 March 2023 MORRIS BISHI ZIMBABWE Anti-Corruption Commission (Zacc) investigators have arrested Bikita Rural District Council chief executive officer Peter Chibhi for violating the Public Finance Management Act after his local authority bought six state-ofthe-art vehicles last year for top managers without ministerial approval. Chibhi was picked up on Tuesday, spent the night at Bikita Police Station and appeared before magistrate Takawira Mugabe at the Bikita magistrates' court on Wednesday morning. He was remanded out of custody to 17 March 2023 after paying ZW$50 000 bail and ordered to report to the police every Friday. Chibhi entered into a contract with African Century Limited which bound the council to future financial commitment and the company acquired six Toyota GD6 vehicles for US$191 000 and the deal attracted US$30 900 interest. The vehicles were registered in the names of the top executives who benefitted from the scheme, prejudicing residents since the money was supposed to be used for service delivery. The Zacc team took the keys and parked the six vehicles in the council yard. The vehicles will be used in court as exhibits. Bikita Residents and Ratepayers Association (BIRRA) official Mark Mutengani told The NewsHawks that residents welcomed Zacc's intervention and their hope is that justice will finally prevail. He said the top management violated the law by using public funds to purchase private vehicles hence they should restitute council. “We appreciate the move by Zacc to respond to petitions by residents over corrupt officials. Residents are still waiting for restitution. We hope and trust that justice will prevail at the end of the day. As residents we are clear that what the council managers did in buying personal top-of-the-range vehicles using taxpayers' money is corrupt and criminal and therefore cleaning of the mess is highly welcome,” said Mutengani. After descending on Bikita, Zacc investigators armed with a warrant of search and seizure issued by Masvingo provincial magistrate Farai Gwitima on 17 February 2023 proceeded to Chiredzi Town Council seeking documents pertaining to various corrupt activities within council contained in a report compiled by a commission which was led by Alfa Nhamo. The report was released recently, seven years after investigations were conducted. According to the warrant of search and seizure referenced Zacc MASVCR 01/02/2023 seen by The NewsHawks, the investigators are requesting for critical documents from the local authorities, including contracts, full council meetings' resolutions, senior executives' files, as well as agreements entered between council and land developers between 2013 and 2016. The Nhamo report revealed that between 2013 and 2016 various corrupt activities by councillors and management, including the parcelling out of 45 stands per councillor with the former council chairperson getting 71 stands including commercial, low and high residential stands. A senior council official said the Zacc team arrived in Chiredzi on Thursday and spent the whole day looking for documents related to the Nhamo report. He said some of the documents were not produced by council officials and acting town secretary Wesley Kauma was summoned to the corruption watchdog’s offices in Masvingo on Friday morning. Zacc arrests Bikita council CEO Bikita Rural District Council chief executive Peter Chibhi
NewsHawks News Page 11 Issue 121, 3 March 2023 NATHAN GUMA HATCLIFFE legislator Allan Markham says Parliament is protecting cabinet and the President from answering crucial questions, after Treasury for the fourth time failed to answer questions on the shareholding of Kuvimba Mining House and the Zimbabwe Asset Management Corporation (Zamco), raising questions on transparency and accountability. This week, deputy Finance minister Clement Chiduwa stubbornly dragged his feet in furnishing Parliament with information on the two organisations, sparking an outcry from opposition MPs. The shadowy Kuvimba, which has been linked to President Emmerson Mnangagwa’s adviser and businessman Kudakwashe Tagwirei, has been acquiring vast public assets, with the government reluctant to reveal its beneficial owners. Kuvimba’s records are not available at Zimbabwe’s company registry, and Ziwa Investments appears not to exist. However, a company called Ziwa Resources was registered by lawyers at Tagwirei’s law firm. Almas Global Opportunity Fund, formerly used by Tagwirei to invest in Sotic International via the Cayman Islands, owns 65% of Ziwa Resources. The other 35% is owned by Zimbabwe-registered Pfimbi Resources, whose directors are Tagwirei and his wife. Kuvimba owns many of the same mines once owned by Sotic, which parliamentarians fear are being milked by politically connected elites. According to a 10 December 2021, Zimbabwe stock market announcement, “Sotic and its associates” — likely Tagwirei, given his effective control of the firm — nominated an unknown Zimbabwean company, Kuvimba Mining House, to own some of the assets previously bought by Sotic, such as Bindura Mining Corporation, hence fears of illicit financial and mineral flows. Markham said other than the Kuvimba issue, Parliament has been failing to bring to account government ministers who continually fail to attend National Assembly sessions to respond to crucial issues. “I think that Parliament is protecting the cabinet and the President. For the whole five years, most ministers have been absent. “To date, they do not want to come to Parliament, particularly for question time. The ministers when called to bring a statement take a long time to respond. For example, the Home Affairs minister took more than four months to give a statement on the registration of people (national identity card). “The minister of Agriculture has not answered the question on the payment of wheat farmers. The other thing that ministers and legislators are doing in Parliament is that they are lying that everything is alright, when they are not,” Markham said in an interview with The NewsHawks this week. He also said Parliament has been cutting short important debates, which has seen crucial issues being given little attention. “The other thing is that when debating on pertinent issues, the debate is cut short, particularly if it is the opposition debating it. In my view, I accept that it was the minister and cabinet who do not want to answer the questions. “However, I must not categorically say Parliament has failed totally to hold cabinet and ministers accountable,” Markham said. Markham said while cabinet ministers have been failing to attend Parliament, they have also been misrepresenting the truth. “Yesterday, the Energy minister was telling us that things are being fixed, we are doing this and that — which he has been saying in the past two years. The power situation is now a disaster." Other parliamentarians have unsuccessfully demanded that President Mnangagwa and cabinet ministers attend Parliament to answer pressing questions after it emerged that they were misrepresenting the situation at hand. In February, the Citizens' Coalition for Change (CCC) member of Parliament for Mbizo, Settlement Chikwinya, challenged President Emmerson Mnangagwa to attend the National Assembly and answer to pressing issues facing the country, saying his State of the Nation Address (Sona) grossly misrepresents the realities on the ground. Mnangagwa, who had presented the Sona in the new US$200 million Parliament Building in Mt Hampden while officially opening the ninth Parliament, painted a rosey picture of Zimbabwe’s socio-economic situation. However, Chikwinya and other opposition MPs said Mnangagwa must come to Parliament and answer questions on the country’s various pressing issues, while getting the facts from constituencies as is provided by the constitution. “We must be able to direct the President to be factual because we are the members of Parliament who come from constituencies,” Chikwinya said. “Instead of us answering to each other as members of Parliament, let us be guided by section 140 (3) of the constitution. Section 140 (3) of the constitution which directs as such – ‘The President may attend Parliament to answer questions on any issues as may be provided in the Standing Orders’. ” Hatcliffe MP Allan Markham Parly shielding govt from legislative scrutiny — MP Zimbabwe Parliament
Page 12 News NewsHawks Issue 121, 3 March 2023 NATHAN GUMA LEGISLATORS say Energy minister Soda Zhemu is painting a misleading picture of Zimbabwe’s energy situation, which they say is worsening despite his numerous assurances. In the final quarter of 2022, Zimbabweans experienced severe load-shedding after the live water storage at Lake Kariba fell below power generation levels, prompting a suspension of operations by the Zambezi River Authority (ZRA), after Zimbabwe had exhausted its allocation for the year. Rolling power cuts lasting up to 18 hours have continued into 2023, affecting businesses and residents countrywide. By contrast, Zimbabwe’s northern neighbour, Zambia, with whom it shares electricity generation at Kariba Dam last month announced an end to load shedding. Zambia Electricity Supply Corporation Limited (Zesco) managing director announced at a Press conference that Zambian households and businesses would enjoy access to electricity 24 hours a day. "We are proud to announce that Zambia will no longer experience load-shedding," Mapani said. "Thanks to our efforts in restoring and upgrading our power generation facilities, Zambian households and businesses can now expect a reliable source of 24-hour electricity." Mapani said improvements in power generation came as a result of several initiatives, including the revamping of the Victoria Falls Power Station and upgrades at the Kafue Gorge Upper and Lower power stations, which generated an additional 170 megawatts. He also revealed that Zesco was intending to increase power generation at Lake Kariba from the current 250 megawatts to 350MW. This increase in power generation is expected to be realized due to the recent rise in water levels at the dam. Responding to questions regarding load shedding in the National Assembly this week, Zhemu said that the country has good potential to transition from fossil fuels to renewable energy, which will help in ending load shedding. Parliamentarians however dismissed his explanation, highlighting he had repeated the same statement several times. “The government has a whole policy that was launched in 2019 – the National Renewable Energy Policy. It articulates how we will transition from the use of fossil fuels to renewable energy. We have very good potential for generation in Zimbabwe from solar; also wind is being ascertained as to what potential can be harnessed from wind. We also have the biogas that is also being articulated from the same Renewable Energy Policy,” said Zhemu. “Mr Speaker, the same policy comes with some incentives especially to the private sector knowing that government alone cannot carry the load. The private sector has been invited to participate, especially in the area of power generation, which they can sell to the power utility as the off-taker or directly to consumers of their preference. “So, we have a whole policy that speaks to how we shall transition to clean energy sources that are mostly renewable.” He also said that the country is exploring gas-to-energy projects that can be undertaken within the country, especially with the prospects of getting gas from the Muzaraban areai. However, this did not convince some legislators who said Zhemu has been reading from the same script over the past years. In response to measures outlined by Zhemu to counter load shedding, Binga North MP Prince Dubeko Sibanda said Zhemu was beating about the bush whilst failing to tackle the important question. “With all respect, I am quite sure that if the honourable minister intended to give a ministerial statement, he should have done so. This is no longer answering a question, he is basically doing what he was supposed to do before the question was given. “So I propose that if the honourable minister wants to give a statement, then let him do that, but for now let him attend to questions rather than giving a long, winding speech." Zhemu has also been asked to present a ministerial statement with regards to areas that have benefitted from the government’s rural electrification programme. “I would like to request the minister to bring a ministerial statement stating the areas where they have supplied electricity because other areas have poles only. “I heard the deputy minister saying the Rural Electrification Agency (REA) does not have money but every time when we do the budget, REA has cash that they take because it is self-funding. “I would like to request the minister to bring a ministerial statement on the issue to do with REA because it helps with rural electrification but we cannot have electricity,” said Paurine Mpariwa, a proportional representation MP. According to the ministry of Finance and Economic Development blue book, REA spent ZW$9.6 billion and is expected to spend ZW$61.9 billion this year. Despite the presence of the policy on making a transition from fossil fuel to renewable energy, Zimbabwe has been struggling to implement due to a combination of policy failure and botched deals. For instance, in 2015, Intratrek, a company owned by Harare businessman Wicknell Chivayo, won a US$193 million tender to build a 100MW solar project, an ambitious plan aimed at easing pressure on the dilapidated Hwange and Kariba power stations, but the project has failed to take off, eight years later. This year, Harare City Council penned a US$344 million waste-to-energy deal at Pomona dumpsite in Harare projected to add 22MW to the national grid through waste processing. The scandal has however sparked a public outcry, with residents and stakeholders saying it provides evidence of corruption by the government in cahoots with MDC-T councillors. MPs take Energy minister to task Energy minister Soda Zhemu Rolling power cuts lasting up to 18 hours have continued to affect businesses and residents countrywide.
NewsHawks News Page 13 Issue 121, 3 March 2023 Send and collect USD cash anywhere in Zimbabwe. Visit your nearest NetOne shop or partner today. REMIT
Page 14 News NewsHawks Issue 121, 3 March 2023 IN the interest of truth, I wish to the respond to a report headlined Commissioner blames law in your 17 February edition of The NewsHawks. In that story, which covered remarks I made at the Integrity Summit recently held by The Accountability Lab, your reporter inaccurately and wrongly captured what I said, while unjustifiably maligning the work of the Zimbabwe Anti-Corruption Commission (Zacc) which I am a member of. At that meeting, I raised alarm over the ill-advised and unwarranted attempt to amend by repeal section 174 (1) of the Criminal Codification (Law Reform) Act [Chapter 9:23] (The Code) by Bill H.B.15,22 which is pending before Parliament. I commented that the section creates the offence of criminal abuse of duty by a public officer, which is the charge most resorted to by Zacc because of the lack of other useful offences in Zimbabwe’s legislation. I advised the meeting that the proposed amendment seeks to introduce a defence of lack of actual knowledge of the duty by the concerned public officer. I decried how this would further weaken and further blunt the already weak provision and further reduce chances of convictions regarding corruption. I also pointed out that it is not good to amend the law purely in order to create a loophole. I remarked that if any amendment is to be made to the code it should instead broaden the definition of “public officer” to include officials of parastatals and private companies in which the state holds a stake, as they are currently not specifically mentioned by the definition of it in section 169. The courts are letting them off the hook on the basis of that technicality as they interpret them not to be public officers. I further urged the improvement of legislative framework to create more criminal offences of corruption, including the repeal and replacement of the present Anti-Corruption Act by a more robust and constitutionally up to date framework such as that proposed by the Zacc Lay Bill. I finally urged the meeting participants to write submissions to Parliament to reject the Bill and instead move for the strengthening of the legal framework. Your reporter got it so wrong and made an incorrect insinuation that Zacc investigated the Henrietta Rushwaya handbag gold carriage case when it was the police that did so. He further unjustifiably alleged that Zacc’s integrity is questionable because its cases are "still to be resolved" by the courts when in fact that is the nature of law enforcement — it is a continuous process and not an open-and-shut event. He further insupportably alleged that I said that the legislature is the one that introduced the proposed defence of ignorance. He thereby also implied that the legislature has already passed the Bill when it is still consulting the public about it. He apparently does not understand that legislation is proposed by the executive, and not by the legislature. It is in the public interest for reporters to report accurately and truthfully. I therefore request that you rectify the above cited inaccuracies and distortions, and have reporters invest in legislative and legal matters to understand how those processes work so that they can report correctly and informatively, in the process contribute to the fight against corruption. About the writer: Fungayi Jessie Majome is a lawyer with expertise in law reform, constitutional issues and public policy consultancy. She is also a member of the Zimbabwe Anti-Corruption Commission. Besides, Majome is a former member of Parliament for Harare West constituency for the MDC-T, first elected in 2008 and then in 2013. She was the chairperson of Parliament’s Portfolio Committee on Justice, Legal and Parliamentary Affairs. OWEN GAGARE THE Criminal Law (Codification and Reform) Amendment Bill which was published in the Government Gazette on 23 December last year waters down the Act by amending section 174(1), making it easier for public officials to get away with criminal abuse of office, stakeholders in the fight on corruption fear. Zimbabwe Anti-Corruption Commission commissioners and other stakeholders believe securing convictions will be made harder, given that the amendment will require prosecutors to prove that a public official had knowledge that his or her conduct was illegal. The amendment provides room for public officials to get away with corruption on the grounds that they made honest mistakes. Zacc commissioner Jessie Majome is among those who have spoken out against the proposed amendment, which she says will weaken the fight against corruption, given that current laws are already weak. She spoke out against the amendment at an Integrity Summit organised by Accountability Lab last week. Section 174 deals with criminal abuse of duty of public officers. “At that meeting I raised alarm over the ill-advised and unwarranted attempt to amend by repeal section 174 (1) of the Criminal Codification (Law Reform) Act [Chapter 9:23] (The Code) by Bill H.B.15,22 which is pending before Parliament,” Majome said. “I commented that the section creates the offence of criminal abuse of duty by a public officer, which is the charge most resorted to by Zacc because of the lack of other useful offences in Zimbabwe’s legislation. I advised the meeting that the proposed amendment seeks to introduce a defence of lack of actual knowledge of the duty by the concerned public officer. I decried how this would further weaken and further blunt the already weak provision and further reduce chances of convictions regarding corruption. “I also pointed out that it is not good to amend the law purely in order to create a loophole. I remarked that if any amendment is to be made to the Code it should instead broaden the definition of ‘public officer‘ to include officials of parastatals and private companies in which the state holds stake, as they are currently not specifically mentioned by the definition of it in section 169. The courts are letting them off the hook on the basis of that technicality as they interpret them not to be public officers.” Majome instead called for the improvement of a legislative framework to create more criminal offences of corruption, including the repeal and replacement of the present Anti-Corruption Act by a more robust and constitutionally up to date framework such as that proposed by the Zacc Lay Bill. Section 174 currently reads:“(1) If a public officer, in the exercise of his or her functions as such, intentionally; (a) does anything that is contrary to or inconsistent with his or her duty as a public officer; or (b) omits to do anything which it is his or her duty as a public officer to do; for the purpose of showing favour or disfavour to any person, he or she shall be guilty of criminal abuse of duty as a public officer and liable to a fine not exceeding level thirteen or imprisonment for period not exceeding fifteen years or both. “(2) If it is proved, in any prosecution for criminal abuse of duty as a public officer that a public officer, in breach of his or her duty as such, did or omitted to do anything to the favour or prejudice of any person, it shall be presumed, unless the contrary is proved, that he or she did or omitted to do the thing for the purpose of showing favour or disfavour, as the case may be, to that person. “(3) For the avoidance of doubt it is declared that the crime of criminal abuse of duty as a public officer is not committed by a public officer who does or omits to do anything in the exercise of his or her functions as such for the purpose of favouring any person on the grounds of race or gender, if the act or omission arises from the implementation by the public officer of any Government policy aimed at the advancement of persons who have been historically disadvantaged by discriminatory laws or practices.” The section is however amended by the repeal of subsection (1) and the substitution of — “(a) if he or she does anything which he or she knows is contrary to or inconsistent with his or her duty as a public officer; or “(b) he or she omits to do anything which he or she knows it is his or her duty to do; with the intention of conferring an undue or illegal benefit on someone else or of unfairly or illegally prejudicing someone else, he or she shall be guilty of criminal abuse of duty as a public officer and liable to a fine not exceeding level thirteen or imprisonment for a period not exceeding fifteen years or both.” Zacc commissioners say the amendments will make it harder to secure convictions. Veritas, a lawyer grouping in legal and parliamentary affairs, however believes the move is positive. “This clause amends section 174(1) of the principal Act. The current framing of the offence of criminal abuse of office as provided for in terms of section 171(1) is very broad in its scope in that it gives room for public officers to be prosecuted for honest mistakes made during the course of their duties. Hence the amendment will limit the crime to include an essential element of knowledge on the part of a public official that his or her conduct was illegal,” Veritas said in a commentary. Criminal Code amendment emboldens corrupt officials Zacc commissioner Jessie Majome A right of reply by Jessie Majome
NewsHawks News Page 15 Issue 121, 3 March 2023 BRENNA MATENDERE ZIMBABWE Electoral Commission chairperson Justice Priscila Chigumba has lost trust in the seven commissioners who rebelled against her in the delimitation report exercise, with the latest indication being the removal of commissioners Jasper Mangwana and his deputy Catherine Mpofu from their roles as spokespersons of the election management body. In a startling development on Thursday, Chigumba relieved the two of their duties as spokespersons, allocating the role to herself, her deputy Rodney Simukai Kiwa and Zec’s chief elections officer Utloile Silaigwana. Mangwana and Mpofu are among the seven commissioners who dissociated themselves from the draft delimitation report which Chigumba submitted to President Emmerson Mnangagwa in December last year, whose final has since been gazetted. "In terms of the Electoral Act and by the operations of law and virtue of condition of service, oath of office and Zec public relations and communications policy of 2020, the following three officials are statutorily designated to be spokespersons of Zec: chairperson Justice P M Chigumba, deputy chairperson Ambassador R Kiwa, chief elections officer Mr U Silaigwana," Justice Chigumba said in a Press statement. "In light of the above, members of the public and the electorate are hereby advised that with effect from February 20, 2023, the above-mentioned three people are the exclusive spokespersons of Zec. As Zec chairperson, I undertake to respond to any query within 72 hours of its receipt." In a subtle response on Twitter, Mangwana said “Vanemibvunzo vekubata avo (Those with questions, contact the people below),” and attached to his tweet a picture of Chigumba’s Press statement. The other five commissioners who rebelled against Chigumba are Abigail Millicent Mohadi-Ambrose, Jane Mbetu Nzvenga, Kudzai Shava, Rosewita Murutare and Shepherd Manhivi. The seven wrote to President Emmerson Mnangagwa and Parliament rejecting the draft delimitation report submitted to the President in December. Mangwana was appointed Zec spokesperson in March last year, taking over from Joyce Kazembe, while Mpofu was appointed his deputy soon after her appointment as Zec commissioner in September the same year. The NewsHawks can report that these recent raptures at Zec reveal how Chigumba has lost trust in fellow commissioners, thus choosing to work closely only with those she feels toe her line. The development however has a major dent on the coming general elections which Zec is required to run professionally. Recently after a meeting of Mnangagwa, Chigumba, Justice minister Ziyambi Ziyambi, permanent secretary Virginia Mabhiza and Central Intelligence Director-General Isaac Moyo, Vice-President Constantino Chiwenga was tasked to deal with Zec infighting. Mnangagwa gave Chiwenga two weeks to deal with the problems and come up with a lasting solution. Chiwenga asked the Chigumba and Mabhiza factions to bury the hatchet during their meeting, but they resorted to accusations and counter-accusations. This showed him he has his work cut out for him. Political analyst Professor Stephen Chan yesterday told The Newshawks that the deepening crisis at Zec is likely to worsen in the short term. “The Zec contains within it differing opinions as to how best to go forward. I expect volatility within the Zec to continue at least in the short to medium term,” he said. Political analyst Rashweat Mukundu concurred that the reshuffle in Zec's communications department by Chigumba had more to do with re-asserting her authority than seeking to make the electoral body efficient. “Well, I don’t think the removal of Jasper Mangwana as the spokesperson of Zec has anything to do with the chairperson wanting Zec to be more efficient and accountable, rather it is the extension of internal squabbles and fights within Zec itself.” “We should not read too much into this, these are internal Zanu fights that have nothing to do with a transparent election. In any case, the 2023 election is already lost in terms of credibility, because of the chaos on the delimitation report, in which there is a clear indication that Zec is seeking to disenfranchise millions of Zimbabweans and favouring Zanu PF and maximising in what it perceives to be Zanu PF strongholds by increasing constituencies there.” “So these fights that we are seeing —with emphasis on who the spokespersons of Zec are — have nothing to do with transparency and accountability but more of Chigumba seeking to re-assert her authority amidst a revolt by other commissioners who are questioning her capacity and lack of transparency,” he said. While Chigumba is seemingly putting her foot down to run the next elections, in her meetings with Mnangagwa she reportedly demanded that Ziyambi and Mabhiza should pressure Tonderai Chidawa — implying he was their proxy — to drop his Constitutional Court application seeking invalidation of the delimitation process. The case, which the ConCourt recently ruled was not urgent, has been set for 29 March. Chidawu, in his application supported by two Zec commissioners Catherine Mpofu and Shepherd Manhivi, says Parliament acted unconstitutionally by allowing a debate on a report written solely by Chigumba and her deputy Rodney Simukai Kiwa, while it was rejected by seven of the nine Zec commissioners. The Zec chair is still facing internal upheaval and unrest by the majority of commissioners who said she wrote the report with Kiwa – and some say with the involvement of the Central Intelligence Organisation as well — and wanted it abandoned. Chigumba loses trust in Zec unyielding commissioners Zec chairperson Priscila Chigumba
Page 16 News NewsHawks Issue 121, 3 March 2023 BRENNA MATENDERE EIGHT years after acrimoniously falling out with his cousin and Croco Holdings boss Moses Chingwena over the ownership of a busines empire worth more than US$100 million, Harare automobile tycoon Farai Matsika has not given up fighting to salvage value from his 25 years of sweat and toil. Matsika left the company amid a bitter boardroom wrangle. Since then, he has been battling in court to walk away with something. He says it is not just about value or money, but also justice, respect and peace. He wants closure on the issue. Yet when Matsika lost his last battle in the Supreme Court last year against Croco Motors after his appeal was declined — like many of his previous attempts — for lack of jurisdiction, it looked like he had reached a dead end. However, he never gave up, taking the case to the Constitutional Court. Now he has a chance to be heard at the apex court where he is demanding his pound of flesh and justice. Chingwena has been in the driving seat all along, winning the previous battles. The case, number CCZ60/22, has now been set down for hearing on 20 March. It will be Farai Matsika, Fairgold Investments (Pvt) Ltd versus Moses Chingwena, Moses Tonderai Chingwena Family Trust, Croco Holdings (Private) Limited and 36 others. The full names of the parties involved are: Farai Matsika, Fairgold Investments (Pvt) Ltd, Moses Chingwena, Moses Tonderai Chingwena Family Trust, Croco Holding (Pvt) Ltd, Premier Auto Services (Pvt) Ltd, Croco Investments (Pvt) Ltd, Croco Motors (Pvt) Ltd, Croco Toyota, Croco Properties, Croco Toyota Kadoma (Pvt) Ltd, Croco Toyota Harare, Grand Selous Hotel (Pvt) Ltd, Pridemore Masamba, Croco Consortium, Tafadzwa Martin Chagonda, Zoomway Investments (Pvt) Ltd, Dulys Motors (Pvt) Ltd, National Tyre Services, Pensford Investments (Pvt) Ltd, Hastt Zimbabwe (Pvt) Ltd, Hanload Enterprises, Sucre D`or Estates (Pvt) Ltd, Woolwork Investments (Pvt) Ltd, Tonics Investment (Pvt) Ltd, Decoct Investments (Pvt) Ltd, Grinberg Enterprises (Pvt) Ltd, Premium Mobility (Pvt) Ltd, XGMA (Pvt) Ltd, Camphill Investments, Eaglebreeze Investments (Pvt) Ltd, Group Five Companies, Calycina Investments, Bacility Investment, Sherfane Investments, Northpark Proprietary, Pensford Meats (Pvt) Ltd, Premier Mobility (Pvt) Ltd, Auto Tyre Services (Pvt) Ltd, Pensford Farms (Pvt) Ltd, Dulys Holdings, Innocent Chagonda, Auto Tyres Zimbabwe, Registrar of Companies, Lovemore Madhuku and Garikai Robert Bera. Mastika and his company are represented by Lovemore Madhuku, while the other parties have Chagonda, Masamba and Bera on their side. After losing a series of cases — the last one being in October last year — Matsika filed a constitutional case seeking leave to appeal, which he believes is of huge public interest and has reasonable prospects of success. Prior to his last defeat, he had filed an appeal in the Supreme Court following the dismissal of his other challenge at the same court in a case where he was fighting for control of Croco Holdings with Chingwena after a High Court ruling against him. Supreme Court Justices Elizabeth Gwaunza, Joseph Musakwa and Hlekani Mwayera presided over the case. In another ruling, Supreme Court Justice Chinembiri Bhunu upheld High Court Justice Owen Tagu’s judgment against Matsika, saying he had put nothing before the courts to prove his 30% ownership claim of Croco Holdings, which is at the heart of the matter. Matsika had adduced documents before the court which he said proved his case, but they were dismissed amid allegations of forgery. Bhunu ruled it was Matsika’s obligation to convince the court he owned 30% of Croco Holdings, but it was clear he had submitted “doctored documents” which made it difficult for him to be believed. However, Matsika believes his case has not been handled professionally, competently and on merit since he has no doubt Chingwena had given him 30% of the company, hence the ConCourt appeal to seek leave to challenge the Supreme Court judgment. The application, handled by Madhuku, a professor of law, is premised on constitutional argument regarding the interpretation of section 176 of the constitution, with the applicants — Matsika and his company Fairgold Investments (Pvt) Ltd — contending that the section in question gave the full Supreme Court the power and jurisdiction to review and correct decisions of individual judges in chambers. The respondents in the case are Chingwena and 38 entities linked to him and Croco Holdings, showing how big the company and its subsidiaries have become. Croco Motors — synonymous with Chingwena and Matsika — is the flagship subsidiary of Croco Holdings which it owns 100%. Among other business lines, Croco Motors operates Ford, Mazda, UD Trucks, KIA, Eicher and Volvo franchises. The company is also a dealer for Nissan, Datsun, Toyota, Higer and Yutong. Croco Motors’ key product segments are new vehicles and approved used vehicle sales, automobile service and sale of spare parts and accessories. Other value-added services offered include tyre fitment, wheel alignment, wheel balancing and rhino lining. Key divisions are Croco Ford and Mazda, Croco Nissan and Croco Toyota, Croco Commercial Auto Body Centre and Pitstop). Croco Motors has operations in Harare, Bulawayo, Masvingo, Chiredzi, Selous, Mutare and Victoria Falls. The company’s workshops are equipped with modern state-of-the-art equipment manned by highly qualified technicians who benefit from training provided by the various franchises locally, regionally and overseas. Further, during the course of previous proceedings before the court a quo, Matsika and his company invoked section 175(4) of the constitution and sought to request a referral of two constitutional issues to the ConCourt. The two constitutional questions that the applicants requested the court a quo to refer to the ConCourt are: l Whether or not section 176 of the constitution of Zimbabwe gave jurisdiction to the full court to review judgments of individual or single judges in chambers; and whether or not section 25(3) of the Supreme Court was constitutional to the extent to which it is interpreted to prohibit an application for review by the full court of a judgment of a single judge in chambers. Matsika and his company say the Supreme Court did not act appropriately when it refused to allow him to file a written application for referral to the ConCourt under section 175(4) of the constitution, and instead ordered them to make an oral application in the process. The oral application was made, but was also dismissed with full reasons to follow. On the merits of the review application, the Supreme Court held that it had no jurisdiction in the matter, and particularly that section 176 of the constitution did not give it jurisdiction to review decisions of its individual judges in chambers. Matsika’s application is made in terms of Rule 32 of the Constitutional Court Rules 2016 for leave to appeal the whole judgment of the Supreme Court handed down by Gwaunza, Musakwa and Mwayera in Harare on 19 October 2022, incorporating an order handed down on 17 October 2022 declining a request to refer the matter to the ConCourt. “The applicants are litigants within the contemplation of Rule 32(2) of the Constitutional Court Rules, 2016, in that they were applicants in the Supreme Court in SC 30/22,” Matsika’s application says. “The application in SC 30/22 raised constitutional issues. It was an application for review by the full court of a judgment of a single judge in chambers, the judgment by the single judge being judgment No. SC 144/21. The application was filed in terms of section 176 of the constitution of Zimbabwe as read with section 6 of the Supreme Court Act (chap 7:13).” Matsika is basically seeking leave to appeal in terms of Rule 32 of the ConCourt Rules of 2016. “I have been advised that to succeed in obtaining the leave to appeal that we are seeking, I have to show that it is in the interest of justice that leave to appeal be granted. In doing so, I have to satisfy two main requirements as follows: “That there was a constitutional matter in the court a quo and the proposed grounds of appeal raise constitutional issues; that there are reasonable prospects of success on appeal should leave be granted. “I’m advised that there were clear constitutional matters in the court a quo. First, an application under section 175(4) is a constitutional matter. Everything about it is of a constitutional nature. The court a quo’s decisions in respect of the applicant’s request for a referral under section 175(4) of the constitution are decisions on constitutional matters. “Secondly, on the merits of the application for review, the court a quo interpreted section 176 of the constitution and held that the aforesaid section 176 did not give jurisdiction to review the decision of a single judge in chambers. Matsika continues: “I’m advised further that in determining whether or not there was a constitutional matter in the court a quo all that is relevant is the following: Was the court a quo called upon to determine constitutional issues? If the answer to the above question is yes, then there was a constitutional matter in the court a quo. “Regarding prospects of success, I believe there are reasonable prospects of success.” At the centre of the dispute is a sprawling business conglomerate they built from scratch from the small lowveld town of Chiredzi before spreading wings to the capital Harare and dominating the market hitherto controlled by old capital with colonial roots in the post-independence era. Even though people may not pay much attention to it, Croco Holdings is one of the most significant businesses built by indigenous people since Independence in 1980 when the old colonial order was dismantled for a new one run by the black majority. ConCourt throws Matsika lifeline Harare automobile tycoon Farai Matsika
NewsHawks News Page 17 Issue 121, 3 March 2023 BRENNA MATENDERE LEGAL and parliamentary watchdog Veritas has poked more holes into the Electoral Amendment Bill which went through its second reading in Parliament this week. The group is recommending extensive changes in the proposed legislation to levels the playing field for the holding of free, fair and credible elections. Following the gazetting of the final Zimbabwe Electoral Commission (Zec) delimitation report by President Emmerson Mnangawa recently, the country is now set to hold general elections in August. The government is currently pushing through the Electoral Amendment Bill so that it becomes law by that time, in a development the state says is meant to implement electoral reforms necessary to ensure that the polls are credible. The Bill was first published in November last year by Justice minister Ziyambi Ziyambi. Since then, various stakeholders like the opposition Citizens' Coalition for Change (CCC) and two legislators, Innocent Gonese (Mutare Central) and Charlton Hwende (Kuwadzana East), have made various submissions to Ziyambi so that he incorporates them in the Bill before it is passed into law. However, in a bulletin released on Thursday this week, Veritas said the submissions made so far do not cover all shortcomings of the Bill and proposed major sweeping changes to the proposed law. Part of the bulletin reads: “In Veritas’s view several further amendments should be made to the Bill, and in the public interest we are publishing them in an attachment to this bulletin. Any member of the National Assembly may like to take them up or members of the public may want to lobby for them. All our suggested amendments are politically impartial and are put forward with a view to ensuring a successful 2023 election.” Veritas pointed out that changes to the Bill must be made on proposed provisions for postal voting, election petitions, disqualifying offences for candidates, proof of identity, misuse of state resources for electoral purposes and withdrawal of candidates. Section 72 of the current Electoral Act allows postal voting for persons who will be on duty as members of the security forces or as electoral officers, public servants on duty outside Zimbabwe and their spouses. However, Veritas said: “The effect of this is to deny many potential voters the right to cast their votes. Veritas’s amendments will allow any registered voter to claim a postal vote if on polling day: he or she will be detained in hospital or prison or in a similar institution, or . . .” “He or she will be on duty as a member of the security forces or as an electoral officer, or he or she will be absent from his or her constituency or ward, whatever the reason for the absence.” On the provisions regarding challenging the election results, Veritas noted that the current clauses in the Electoral Act only provide that unsuccessful candidates are the only ones with the right to do so under section 167. The watchdog is therefore proposing that the law be changed to extend this right to voters who are registered in the constituency or ward where the election took place. The watchdog also proposes that grounds for challenging an election result must cover the qualifications (or lack thereof) of the winning candidate, electoral malpractices, mistakes committed by Zec and other persons administering elections, and breaches of the constitution and the Electoral Act. Veritas also wants the Bill to be amended to allow elections to be set aside if they do not conform with constitutional principles for elections. “Apart from widening the grounds on which elections may be set aside, the amendments will reduce the onus of proof on petitioners. Whereas under the existing section 177 of the Electoral Act a petitioner (i.e. a person who challenges an election) has to prove that a mistake or irregularity on which he or she relies affected the result of the election — something that is always difficult and often impossible to prove — the amendments will provide that elections must be set aside if a material irregularity is proved to have occurred, unless it is shown that the irregularity did not affect the result,” says Veritas, adding: “Under section 182 of the Electoral Act, petitions must be finalised within six months and electoral appeals within three months. This time-limit has not been effective in speeding up electoral proceedings.” “Veritas (wants) amendments which state that if a petition or appeal lapses because it was not finalised within the time-limit, the lawyers who represented the parties will be personally liable to pay the costs and will be deprived of their right to fees from their clients, unless they can satisfy the Electoral Court that they were not responsible for the delay. That, in Veritas’s view, will give lawyers an incentive to see that electoral proceedings are completed promptly.” Clauses 2, 7 and 9 of the Bill currently in Parliament seek to prevent persons who have been convicted of certain criminal offences (socalled “disqualifying offences”) from standing for election. However, Veritas argues that it is not legally possible to do this because section 125 of the constitution sets out the exhaustive grounds which disqualify persons from being elected to the National Assembly and therefore it is not permissible for an Act of Parliament to add to the grounds. The watchdog also noted that state resources have often been misused in elections by office-holders to gain an unfair advantage over their electoral opponents and accordingly proposes amendments in a new section in the Electoral Act that will make such conduct a corrupt practice. Clause 2 of the Bill presented by Ziyambi in Parliament proposes to amend the definition of “proof of identity” in section 4 of the Electoral Act so that driver's licences can no longer be used as proof of identity for voting. However, Veritas says this must be stopped as it will prevent voters from using their driver's licences at polling stations to prove their identities, which will prejudice those who are not carrying their passports or national identity cards. Veritas proposed amendment is to leave the definition of “proof of identity” as it is, so that it includes driver's licences, but amend section 24(6) of the Electoral Act so that when persons apply to be registered as voters, they can be asked to produce any document reasonably needed to establish that they are citizens. On notice of withdrawal of candidates ahead of elections, Veritas says: “Under clause 8 of the Bill, if a candidate withdraws from an election the Chief Elections Officer will have to give notice of the withdrawal in all newspapers circulating in Zimbabwe. This is expensive and unnecessary because the withdrawal of a constituency candidate is not of general interest outside the constituency. Veritas’ amendments will require notice of withdrawal to be given only within the candidate’s constituency.” Watchdog calls for extensive amendments to electoral law Justice minister Ziyambi Ziyambi
Page 18 News NewsHawks Issue 121, 3 March 2023 NATHAN GUMA UNIONS and civil society say the centralisation of power in the President, Mines minister and Mining Affairs Board, while weakening Parliament’s oversight role in the administration of the capital-intensive mining sector is likely to worsen the looting of minerals, particularly gemstones, which have been inadequately covered by existing legal framework. The government itself has previously conceded that the country loses over US$1.2 billion annually in gold leakages due to porous systems. In gemstone governance, the country has no overall national minerals development framework and solely relies on the diamond policy, which has been heavily criticised for its lack of adequate provisions for transparency and inability to curb top-level discretionary powers, among other shortfalls. As part of the corrective measures, Zimbabwe is in the process of amending the Minerals Act which has been criticised for failing to devolve power to Parliament, which would stretch the legislature's oversight role and help plug mineral leakages. In an analysis of the Bill this week, the Zimbabwe Diamond Allied Workers' Union (Zidawu), an organisation that represents mine workers, said nothing has changed in terms of mineral governance. “On establishment of the Mining Affairs Board, the only difference is that of composition, but the mandate is similar to the colonial Mining Act. Giving excess powers to the board and even to criminally penalise an offender as provided in clause 13,” said Proud Nyakuni, Zidawu's legal officer. “This may lead to usurping power of the judiciary which may not be welcome in a democratic state. The role of the Parliament is invisible or silent in the Bill hence powers are centred in the hands of the Mining Affairs Board, the minister of Mines and Mineral Development and the President. This means the Parliament is stripped of its oversight role in the mining sector, and granting of mining rights can continue to be done while prejudicing the country”. As previously reported by The NewsHawks, centralising power has been key in illicit mineral flows. “The major difference between our policy in Zimbabwe and Botswana is that here mineral resources are vested in the President, while in Botswana they are vested in the republic. This has a serious implication. “Firstly, the minister of Mines really acts in the interests of the President and government. In Botswana, decisions devolve to lower levels and are highly subject to scrutiny . . . also made by low-ranking officials,” said Lyman Mlambo, a mining economist with the University of Zimbabwe. Zimbabwe mines more than 30 semi-precious stones, most of which are extracted by informal foreign prospectors from India, Mozambique and other countries, which experts say would benefit the country of power were devolved to Parliament. With a score of 23 out of 100 on the Corruption Perception Index (CPI) and a ranking of 157th out of 180 of the most corrupt countries, Zimbabwe’s institutional governance on gemstones and other minerals falls short of international best practice. Nyakuni said the Mines ministry’s assumption of other roles which were originally meant to be administered by the Environmental Management Act (Ema) is likely to weigh down on rural district councils in which mining activity takes place. “On environment, a point of interest is the provision of the Environmental Rehabilitation of Occupational Health and Safety Fund (EROHS) that will be administered by the ministry of Mines, which I think was supposed to be administered by Ema as it carries the mandate of ensuring environmental health and safety, ” Nyakuni said. “Funding of the EROHS further places a burden on rural district councils (RDCs), requiring them to contribute to the fund for them to be considered as stakeholders. Councils are by default stakeholders, and should not be limited or required to contribute to the fund for recognition. “Secondly, the RDC is given limited powers to tax or levy companies, placing a burden on RDCs in terms of resource mobilisation. It is either RDCs by way of devolution are given powers through their by-laws to gazette taxes and levies for mining companies within their jurisdiction or this requirement is struck off.” Paralysing Parliament set to worsen plunder of minerals Zimbabwe loses over US$1.2 billion annually in gold leakages.
NewsHawks News Page 19 Issue 121, 3 March 2023 BRENNA MATENDERE RUSSIA, which is increasingly being isolated by the international community over its invasion of Ukraine, this week expanded its global influence in Africa after Moscow dispatched a business delegation to Zimbabwe led by the minister of Foreign Economic Relations of the Sverdlovsk Region of the Russian Federation, Yarin Vyacheslav, to cement ties with Harare. The delegation, which started a three-day visit on Wednesday, included Russia’s deputy minister of Industry and Trade of the Sverdlovsk Region, Igor Zelenkin. During his visit, Vyacheslav met with Industry and Commerce minister Sekai Nzenza and captains of industry in what government said was part of efforts to discuss potential areas of economic co-operation between Zimbabwe and the Sverdlovsk Region of Russia. In a Press statement before arrival of the Russian delegation, Ministry of Foreign Affairs and International Trade spokesperson Livit Mugejo said the delegation will tour industrial sites specialising in machinery and equipment for timber processing, the production of rubber and pharmaceutical substances. On Thursday, the delegation had a meeting at Munhumutapa Building with the Minister of Provincial Affairs and Devolution for the Midlands province, Senator Larry Mavima and his Industry and Commerce counterpart Sekai Nzenza. Speaking in Harare during the visit, Vyacheslav said his group had a good meeting with Minister Mavima. “We spoke about cooperation in mining, machinery and value addition and I am sure we will reach countable results,” he said. Foreign Affair ministry spokesperson Mugejo added: "To cap the visit, a roundtable business discussion will be held on Friday as Zimbabwe and the Russian Federation broaden their co-operation on account of the existing excellent political relations." The visit by the Russian delegation signified the world’s geo-political rivalry in which super powers are scrambling for Africa. In January, Russian Foreign minister Sergey Lavrov visited South Africa to meet his counterpart Naledi Pandor, five months after his American opposite number Anthony Blinken was in Pretoria. While Lavrov was in South Africa asserting Russia’s influence in Africa, US ambassador to the United Nations Linda Thomas-Greenfield travelled to Ghana, Mozambique and Kenya this week to advance mutual priorities following December’s US-Africa Leaders Summit in Washington DC. Belarus President Alexander Lukashenko was also in Harare recently where pursued deals in lithium. Lukashenko and Russian leader Vladimir Putin are allies. They are both under sanctions from the European Union and United States over the war in Ukraine in which they are aiding each other. The Russian delegation’s visit to Harare has heightened the geopolitical rivalry and turf wars between Washington and Moscow in southern Africa and across the continent. Other global powers and small states are also involved in the new scramble for Africa. The US has been trying to muscle out Russia from the region to the extent of coming up with a law that will oblige Washington to punish African governments that abet Russian “malign” activities on the continent. The Countering Malign Russian Activities in Africa Bill passed in the US House of Representatives on 27 April 2022 by a huge bipartisan 419-9 majority and was sure to be passed by Senate to become law. The US has however put it on ice. If implemented, it would direct the US secretary of State “to develop and submit to Congress a strategy and implementation plan outlining United States efforts to counter the malign influence and activities of the Russian Federation and its proxies in Africa”. The bill broadly defines such malign activities as those that “undermine United States objectives and interests”. Russia has deep historical roots in the region, only surpassed by former colonial powers in Africa. Russia extends footprint in Zim Minister of Provincial Affairs and Devolution for the Midlands province, Senator Larry Mavima with Foreign Economic Relations minister of the Sverdlovsk Region of the Russian Federation, Yarin Vyacheslav. Russian Foreign minister Sergey Lavrov (left) with his South African counterpart Naledi Pandor in January.
Page 20 News NewsHawks Issue 121, 3 March 2023 BERNARD MPOFU THE United States says Zimbabwe’s ongoing dialogue with multilateral and bilateral creditors, which is currently being facilitated by the African Development Bank (AfDB) and former Mozambican president Joaquim Chissano, provides a window of opportunity to help normalise relations between Washington and Harare. With a total consolidated debt of US$17.5 billion, Zimbabwe owes international creditors US$14.04 billion, with domestic debt pegged at US$3.4 billion. Debt owed to bilateral creditors is estimated at US$5.75 billion, while multilateral creditors are owed an estimated US$2.5 billion. Robert Scott, a career member of the senior foreign service with the rank of minister counsellor, currently serves as a deputy assistant secretary in the Bureau of African Affairs covering peace and security affairs and southern Africa, told The NewsHawks on the sidelines of a Press briefing that the dialogue will aid Zimbabwe in embracing political and economic governance critical for re-engagement with the international community. “Our embassy here is also participating in the current AfDB debt arrears process which is potentially a very powerful tool for the governments to engage and it is also a powerful tool for civil society and other organisations to be part of a process which will be fundamentally important for the economy to re-engage, to re-open to international lending, to bring in options and opportunities to basically create more space for businesses and investors to come in,” Scott says. “So it has a very positive potential and it is also as broad, a selection of actors in this country as possible engaged in this process. The commitment so far from the AfDB president (Akinumwi) Adesina, from the special envoy president Chissano are positive and obviously we will engage with them. “It also so happens that many of the goals of the AfDB process also goes with the United States engagement in this country. So opening of political space, a creation of an economy that has many options available to it so that the people of this country benefit is something that we join in in as far as the US goes.” Last month, President Emmerson Mnangagwa admitted during the Second Structured Dialogue Platform Meeting on the Arrears Clearance and Debt Resolution Process that Zimbabwe’s debt overhang is weighing heavily on the economy, as the country cannot borrow from multilateral institutions because of its failure to honour obligations. The US diplomat, who previously served as the deputy chief of mission in Zimbabwe and Tanzania, said he met Zimbabwe’s Foreign Affairs minister Frederick Shava and expressed Washington’s concerns over the Public Voluntary Organisation Bill which is currently awaiting presidential assent. Civil society organisations and some Western governments have warned that if signed into law, the Bill will narrow Zimbabwe’s democratic space and water down the country’s political reform agenda. Debt talks useful opportunity: US From Left: Former Mozambican president Joaquim Chissano, President emmerson Mnangagwa, AfDB president Akinumwi Adesina, Finance minister Mthuli Ncube and chief secretary to the President and Cabinet Misheck Sibanda at the Zimbabwe Arrears Clearance and Debt Resolution Forum in Harare recently.
NewsHawks News Page 21 Issue 121, 3 March 2023 RUVIMBO MUCHENJE ON 27 February last year, Citizens' Coalition for Change supporter Mboneni Ncube was speared to death by suspected Zanu PF youths at a rally in Mbizo, Kwekwe, ahead of by-elections, but a year after the gruesome murder, his killers are still freely roaming the streets, The NewsHawks has learnt. Ncube was killed after suspected Zanu PF youths armed with machetes, stones and iron bars stormed the opposition party’s rally and violently disrupted it, while CCC president Nelson Chamisa was addressing the crowd. Several CCC supporters were injured in the skirmishes. The member of Parliament for Mbizo, Settlement Chikwinya, says the suspects who were arrested after the gruesome murder were released and are continuing to commit offences and getting bail. They were arrested at Jessie Lodge, owned by former State Security minister Owen "Mudha" Ncube. “The initial arrest was made to 17 people, 12 of them were released before appearing in court and 5 were zeroed in as the chief suspects. The five suspects who were given bail have gone on to commit not only one but more than two other serious offences whilst on bail and have been granted further bail on top of other bail conditions they were given on the Mboneni murder case, so they are still at large and still comitting more crime,” said Chikwinya. After the Mboneni's murder, a leaked police memorandum had penned 17 people as suspects, namely Edmore Shoshera (30) who was identified as a Zanu PF party card holder, Perscy Mukwaturi, Talent Imbayago, Misheck Mutetwa, Takunda Chivenyengwa, Isaac Tapfumaneyi, James Jere, Musa Matingwende, Shepard Mbewu, Progress Munyuki, Amon Kwachata, Edmore Shoshera, Albert Maketo Tembo, Fraud Munyuki, Blessing Tomu, Sydeny Samanyai and Valentine Mandizvidza, but only five made it to court. The five were accused of public violence and murder of Ncube, but the slow progress in the cases has made the community lose trust in the justice system, said Chikwinya. “There are two counts, there is public violence and murder. On the case of murder, the suspects have not yet been indicted for trial. On the count of public violence, the matter is now on trial but for the past seven months — in fact now nine months, since mid-2022 — the trial has been postponed every month and our witnesses are now suffering from fatigue of attending court processes and not getting any justice,” said Chikwinya. One condition for bail is that the suspects must not interfere with witnesses, but some of the witnesses have been intimidated by the suspects and have made police reports, but no action has been taken. “Two of our witnesses have been intimidated and harassed by some of the suspects, police reports have been made but the suspects have not been arrested despite being positively identified,” added Chikwinya. In August 2022, The NewsHawks, reported that one of the key witnesses, Brighton Nyirenda, was physically attacked with logs by the suspects for showing up in court for their routine remand. The slow pace at which the cases are moving have not inspired confidence of the people of Kwekwe in the nation’s justice delivery system as they expected that a year later, the suspects would have been convicted. “A year after the death of Mboneni, we would have expected now that the case of public violence which has got witnesses which has got overwhelming evidence some gathered by even members of the police force who were at the rally, the trial could have been done with and people would have been convicted. The continuous granting of bail to the Mboneni murder suspects who are continuously committing other crimes, we certainly think that the justice system must deny such habitual offenders any further bail. We also expect that the murder trial of these other suspects could have been kicking off now because all the documentation has been recorded and witnesses are there,” said Chikwinya. Ncube’s family refused to speak, saying they were now tired of talking. “I have spoken to the other journalists about the same issue, but it has not helped,” said Judith Ncube, sister to the deceased Mboneni. Chikwinya says he and his party have been assisting the daughter of the deceased with schooling. “The family is currently safe. Yes, intimidation was there and harassment was there during the mourning and burial of Mboneni Ncube, but as of now we are constantly in touch with the family, including taking care of Mboneni’s child. We have set up a fund to take care of her schooling and schooling material needs including basic feeding, so as of now our last message before the commemoration of the first anniversary the father to Mboneni Ncube was very thankful for the efforts currently being made by the Citizens' Coalition for Change,” he said. Mboneni Ncube’s killers walking freely The late CCC supporter Mboneni Ncube
Page 22 News NewsHawks Issue 121, 3 March 2023 RUVIMBO MUCHENJE A YEAR after Misheck Chiminya (40) cheated death at a Citizens' Coalition for Change rally in Kwekwe's Mbizo suburb ahead of the 26 March 2022 by-elections, the injuries he sustained have changed his life forever. Chiminya escaped the bloody attack with a broken arm among the 17 casualties that were left for dead by suspected Zanu PF youths who were armed with iron bars and stones, who stormed the rally and indiscriminately beat up opposition party members. He was immediately rushed to Topomasi Hospital in Kwekwe where he was admitted for three days while receiving medical attention. It took him a few weeks to realise that the injuries he sustained could have cost him his arm. “We (Chiminya and two other friends who were attacked together with him) left the venue in a car and were rushed into town. That is when I managed to get some medical attention. I was also hospitalised and went for some X-rays. I stayed in hospital I'm sure for three days. But the first X-ray couldn't pick what was wrong with my arm, so I stayed there thinking that it was just some minor muscle thing. Then after a few weeks I felt there was no change happening, so I went for another X-ray, which revealed that my left shoulder had tripped, that is why I couldn't use it,” said Chiminya. Violence is synonymous with politics in Zimbabwe, as Chiminya's sad experience shows. More recently, in Murewa, 13 elderly citizens were beaten up by suspected Zanu PF youths ahead of the 2023 general elections. A year on, Chiminya lives with screws that were drilled into his shoulder in a bid to restore his broken arm. His life will never be the same again. “Just a few days before the injury, I had planted close to 6 000 plants of cabbage which me and my friend had partnered to do. Those plants could not survive because the guy failed to water them and the money saved for the project ended up buying medication. Since then, I never managed to set my foot there since my left arm no longer permits me to strain it. So for me this injury ended my horticultural dream,” said Chiminya. Although he has physically recovered, the healing came at a cost of over US$3 000. “I went to Harare, some other person managed to hook me up and I had my operation at Parirenyatwa Group of Hospitals and they managed to put the bone back and put the screws in my arm. I do not remember the exact cost, but it was around US$3 000 for the operation and the medication. I have really lost count, it was an ongoing process,” said Chiminya. He carried these expenses on his own. “I did not want to bother anyone because politics is something people take on a personal level so when you are hurt now and asking people for help and assistance for treatment, I honestly did not want to do that. I just thought that maybe help was going to come,” he added. Chiminya also says that the experience has heightened his awareness of injustice, but in many instances he snaps emotionally during political discussions, particularly when he comes across a human rights violation. “I have developed anger issues, but I have been getting therapy here and there. Whenever I feel there is an injustice, I snap that I sometimes shock myself and ask myself whether my reaction was necessary,” he said. His experience has not dented his resolve to continue on the path of opposition politics, despite hordes of opposition activists deserting to the ruling party. He says he will keep at it in opposition politics until tolerance of different political affiliations is achieved. “I am back in the trenches. I never left anyway because the reasons why I joined politics have not yet been fulfilled, so I do not see any reason for me to quit now. I guess these are some of the scars of Zimbabwean politics, which is unfortunate. We have an intolerant system in operation as a country that divergent views are not supposed to be reality; if someone opposes you, you think they should be hurt or killed or all sorts of things. So I guess this is what we have to live with, which is very unfortunate. We are back in the field until we have a Zimbabwe that accomodates everyone. We are here as the opposition, as the constitution permits opposition,” said Chiminya. CCC supporter Misheck Chiminya says he will keep at it in opposition politics until tolerance of different political affiliations is achieved. Victim of Zanu PF’s political savagery reflects on struggles
NewsHawks News Page 23 Issue 121, 3 March 2023 BRENNA MATENDERE PRESIDENT Emmerson Mnangagwa’s shadowy group operating under the banner Vendors For ED is on a collision course with Bulawayo City Council after it violated city by-laws by establishing unsanctioned vending bays in the central business district (CBD) with the full backing of Zanu PF stalwarts. Turf fights between opposition-led local authorities and organisations affiliated to the ruling party often escalate during election periods, resulting in the disruption service provision, amid accusations and counter-accusations. Information gathered by The NewsHawks shows that on 23 February, the local authority battled to clear them off the streets, but they converged on the Large City Hall in huge numbers where they were addressed by Zanu PF’s Bulawayo Nehanda district chairperson Josiah Mutangi. In his address, Mutangi told the restive vendors who have traditionally had running battles with the local authority to defy police and council officers and go back to their illegal operating spaces. While Mutangi addressed the vendors who had pelted security officers with stones earlier on while resisting orders to leave the streets, riot police failed to take action on an illegal public gathering attended by over 100 informal traders. The NewsHawks gathered that the “Vendors For ED” are renting some of the vending bays in the CBD and collect fees from desperate informal traders which they say are for their protection from arrest or dispersing by municipal police at the illegal sites. Last month, Bulawayo mayor Solomon Mguni in his end-of-year report for 2022 said several attempts to remove the undocumented traders from the streets had been met with violence and threats to involve influential government officials in the matter. Michael Ndiweni, the Bulawayo Vendors' Association executive director, told The NewsHawks this Thursday that the shadowy group had degenerated the situation in the country’s second-largest city into chaos and a hub of illicit deals like drugs pushing. “There is a serious issue of space barons who appear to be a law unto themselves. They have caused and are at the centre of all this mess – the selling of drugs, illicit alcohol, duping innocent women and men who are informal traders by promising them protection through collecting a US$1 a day and they are literally eating the money collected,” he said. “What is very unfortunate is they then expect council to clean the waste they generate with their own diesel, use of their own trucks, getting toilets over-flowing with sewerage and expecting omahlokoza [council workers] to come and work for free. Surely a genuine informal trader would not condone such acts. It’s sad that these traders are now at the mercy of the authorities. These space barons are now cartels, a law unto themselves.” Christopher Dube, the Bulawayo town clerk, declined to comment on the politically contentious matter. “Please ask Mrs Mpofu, our corporate communications manager, for those details,” he said. Mpofu was unreachable for comment. After the skirmishes in the CBD on Thursday, the group of the Vendors For ED walked around urging vendors to register and vote for Zanu PF. Ahead of the next elections, several shadowy groups pledging their support for Mnangagwa have emerged but some have gone into illegal activities such as forcefully invading public spaces like schools in their campaigns. The Amalgamated Rural Teachers' Union of Zimbabwe last year complained that a group known as Teachers For ED had started holding workshops at schools, campaigning for Mnangagwa. The group, seen as sympathetic to the administration of Mnangagwa who is colloquially known as ED, was given the nod by government to “roll out its economic development” programmes in all schools where hundreds of teachers are reportedly abandoning classes to attend the workshops to avoid victimisation. Schools are reportedly forced to use own funds to cater for the travel and subsistence expenses of the organisers. Teachers For ED got government approval for their controversial activities in a letter dated 22 September 2022, written by acting Primary and Secondary Education secretary Kwadzanai Nyanungo. “Your communication dated September 2022, is hereby acknowledged,” Nyanungo wrote. “Permission is granted for the roll out of the economic development programme in schools, on the understanding that teacher participation in your proposed activities is in the spirit of voluntary teacher building capacity programme, with due care that there is no disruption to planned teaching and learning process in schools,” read part of the letter. However, teacher unions complained that schools, as professional institutions, were not supposed to be politicised, especially during learning hours. Other groups pledging support for Mnangagwa and conducting controversial activities include Mahwindi for ED, Nurses for ED, Pastors for ED, Lecturers for ED, Mahure for ED, and Men Believe ED. Byo Vendors For ED fuel lawlessness Bulawayo City Council
Page 24 News NewsHawks Issue 121, 3 March 2023 RUVIMBO MUCHENJE For the past 260 days at the Harare magistrates' court, whenever members of the public noticed the deployment of more than 60 anti-riot officers — clad in full combat gear and armed with truncheons and teargas launchers — they automatically knew that Zengeza West opposition legislator Job Sikhala was having a court session. The armed police would typically pace up and down the court premises, ready to pounce on any opposition protesters. The number of people in the court precincts also increased because solidarity for Sikhala attracted many supporters of the Citizens' Coalition for Change and members of his Chitungwiza community. It is for this reason that most people dreaded court because on some days police would go to the extent of conducting car and body searches before allowing anyone to enter the court premises. With the passage of time, the number of sympathisers pitching up in court in solidarity with Sikhala has considerably decreased. In the first weeks and months of Sikhala’s court appearances, the courtroom that he would be appearing in was easily recognisable by the large contigent of anti-riot police and civilians milling around. Despite efforts to limit the number of people who could attend his court sessions, opposition supporters turned up in droves. But anyone who ventured into the magistrates' court on Monday this week would be forgiven for thinking that they had arrived at the courthouse on the wrong day; anti-riot officers were nowhere near the premises. It was 11.30am, 15 minutes into Sikhala’s scheduled appearance in Court 9, but the police were conspicuous by their absence. The courtroom was virtually deserted, except for his lawyers, Whange Central MP Daniel Molokele, Sikhala’s son and two daughers as well as two other people. In January, when 26 Citizens' Coalition for Change members were arrested, including Mkoba legislator Amos Chibaya and Budiriro MP Costa Machingauta, party president Nelson Chamisa pitched up in solidarity with the 26 who were appearing in Court 6. Notably, Sikhala was making an appearance upstairs in the Victim Friendly Court. On this day, even security from the state was beefed up. This would have given Chamisa an opportunity to see Sikhala, given that the CCC leader has been barred from visiting the incarcerated MP at Chikurubi Maximum Security Prison. As matters stand, Sikhala’s only consistent source of visible solidarity comes from his lawyers and his family. Empty courtroom highlights waning solidarity for Sikhala Zengeza West MP Job Sikhala
NATHAN GUMA WHEN speaking about Jobert Ngwenya, a trailblazing and innovative teacher at Eveline High School in Bulawayo, the institution's head, Sithabile Moyo, pupils and members of staff have nothing but praise. “I don’t believe there is anyone who can question his integrity or ideals. He is a committed, principled and exemplary person at school and in the community,” says Moyo. Last week, Ngwenya, an award-winning innovative teacher, was honoured as an integrity icon by Accountability Lab Zimbabwe, an organisation that promotes good governance. He also won the people’s choice award, in recognition of the tremendous and exemplary work he has done as a teacher. Among other achievements, Ngwenya has helping students escape poverty by assisting them to venture into entrepreneurship. Some have thriving businesses, and have become employers. Accountability Lab Zimbabwe holds the annual event to recognise honest public servants who display integrity in their job. Icons are selected by their communities and recognised by the organisation for their outstanding work. Ngwenya has been the chaperone for Eveline High School Junior Achievement Zimbabwe Club since 2016. He is also the entrepreneurship educator at the school working under the auspices of Teach A Man to Fish’s School Enterprise Challenge programme since 2017. Nomathemba Takabinga, the head of department (Guidance and Counselling) at Eveline, says Ngwenya is the only male teacher who joined an initiative to empower girls at the school. “Mr Ngwenya is not shy even to distribute sanitary pads,” she said. Mrs Takabinga and Ngwenya are involved in running the gender-based violence desk and various initiatives to cushion vulnerable girls including paying examination fees. Funds are raised through various projects, introduced by the duo, among them a garden project, chicken farming and agricultural shows, among others. She said through life skills introduced during camps introduced by Ngwenya some former pupils are making a living. These include Michelle Madamombe who has formed a company supplying detergents after being taught how to make detergents at one such camp. Her company, Yashelle, manufactures and supplies hand washing liquids, sanitisers, toilet cleaners, multi-purpose cleaners, Vaseline, floor polish, pine gel cleaner and sanitisers among other products. “Mr Ngwenya actually assisted me to register the company and I used the knowledge from the skills camp to start the project. He also took me to the ministry of Youth at Mhlahlandlela Government Complex to assist me to get a loan for youths involved in start-ups. Of course, I have been taking part in webinars and finding means to extend my knowledge but my company was formed from the skills camp,” Madamombe said. Under his guidance, Eveline High School relaunched the entrepreneurial education and financial literacy programme with Junior Achievement Zimbabwe in September 2016. In 2019 and 2021, Ngwenya’s learners won the National Company of the Year Prize, among other acclodades. The school has also been participating in the School Enterprise Challenge with Teach a Man to Fish charity winning the Best Business Idea Award in 2017, Best Digital Business Award in 2018 and a student Enterprise Adventure Prize in 2020. Being a chief executive officer and content creator at Fundi Trust, a non-profit focussing on entrepreneurship and financial literacy skills, he was a nominee for the Africa Education Medal last year. His other awards include the Ciena Solutions Challenge Sustainability Award 2022 for high school Challenge-Based Learning initiatives; Digital Business of the Year Award 2018 (Teach a Man to Fish Charity) and Best Business Idea of the Year Award 2017 (Teach a Man to Fish Charity). Ngwenya believes he has made a difference because of his strong personal values which are anchored on diligence, handwork and honesty. “I always see myself as a ladder for my learners and hearing their success stories always gives me something to smile about,” he says. Despite being involved in numerous initiatives, he managed to deliver 100% Advanced Level pass rate from 2012 to 2019, a record broken by the Covid-19 pandemic. During the pandemic era, he introduced extra lessons and delivered individual instruction to learners through online platforms. On his impact on students, Ngwenya says: “I have imparted the culture of creativity and problem solving through entrepreneurship education. I believe my students leave the school with a growth mindset and the desire to stand up to societal challenges instead of complaining about them. “I have managed to also help them have access to various opportunities locally and abroad, for example starting their own enterprises, attending international events, with the most recent having been one former student going to Switzerland, one to France and the other to the USA, while others are attending the prestigious Africa Leadership University in Rwanda,” Ngwenya said. “For the vulnerable learners, I have shown that they can work hard, earn a living from honest means and scale above what their circumstances may dictate. For the entrepreneurial education learners, I have helped them cross pollinate ideas through various programmes like representing the country in Ghana (2019) and Mauritius (2022), Ciena Solutions Challenge YouthMADE Festival (USA) in 2022. “Through Ilifa Lethu Project, ilifalethu.co.zw, I am also empowering learners to be creative as well as use mobile devices for educational purposes while connecting their learning experience to the community they live in. “Through Fundi Trust, a non-profit I co-founded, we are impacting young lives with financial literacy skills to enable them to learn how to earn, save, invest, and spend as well as providing an excellence scholarship to deserving learners in St Peter’s Mazwi Primary School in Bulawayo and Phakama Primary School in Matabeleland South.” Eveline High School has been appreciating his work. “He is that type of person who goes the extra mile, if you ask him to do anything, he is a person you can count on. You know he will do it to the best of his ability…He actually lives up to the moto of the school, Upright and True,” says Moyo, the school head. Moyo says Ngwenya has taught his students to be responsible for themselves and the community while empowering them through the Teach a Man How to Fish programme. The deputy head of Eveline, Sihle Ncube, says Ngwenya is outstanding in his work and community. “Mr Ngwenya is a man of integrity. He stands Inspirational teacher honoured Eveline High School teacher Jobert Ngwenya NewsHawks News Page 25 Issue 121, 3 March 2023
Page 26 NewsHawks News Issue 121, 3 March 2023 out as a teacher; he is actually a cut above the rest. He has a unique character, maybe because he is a Christian; he is very patient. He is a hard worker and he is obedient. He has a lot of respect for authority, and you know, he has respect even for the learners and teachers as well and the ancillary staff. He has such respect such that even when there are industrial actions, Mr Ngwenya does not participate. He will remain teaching his learners. That’s his character,” Ncube says. “He has actually imparted entrepreneurial skills to the girls, to be self-reliant, to be self-sufficient. He has empowered our girls so that even after school they are able to do something in life. It’s not everybody that makes it. If a learner fails to pass the examinations, it’s not the end of the world.” Ncube said Ngwenya was innovative to such an extent that he wrote an economic history textbook with two colleagues after the new curriculum was introduced, when they realised there was a shortage of teaching material. The teachers donated books to the school and sold others. Accountability Lab Zimbabwe country director McDonald Lewanika says the integrity icon campaign, which has amplified Ngwenya’s work, acts as a conversation starter on accountability and integrity in public service. “Besides celebrating members of the public service who go over and beyond the call of duty to operate with integrity, the Integrity Icon Campaign acts as conversation starter on accountability and integrity in public service. The intention is to facilitate conversations that allow people to take a closer look at what integrity is, rather than what it is not. It uses positive deviants such as naming and faming public service employees who display integrity,” Lewanika said. He said the campaign presents models of what integrity looks like in practice and adds to conversations of what it is not. “Through sharing, Integrity Icons stories, the campaign triggers conversations, and inspires others to walk the path of integrity. So far, we know that the campaign and the stories of the icons have had demonstration effects, that is, the fact that others are doing it, has triggered interest in doing the same. We are getting more requests for information on the campaign and testimonies of how it has inspired other public servants, who previously thought they were alone,” Lewanika said. “As such, the campaign has been building a coalition of reformers within the public service who believe in certain professional, ethical and excellence stands when serving the public. For us, this is a big win in the fight to shift norms and values in public service, and is a huge step towards building responsible leaders and accountable institutions.” Accountability Lab Zimbabwe country director McDonald Lewanika Businessman Nigel Chanakira (grey suit) and other delegates follow proceedings.
NewsHawks Page 27 Issue 121, 3 March 2023 BRENNA MATENDERE AN investigation by The NewsHawks has revealed the blatantly paltry pay hike offer the government has dangled to public sector workers at the National Joint Negotiation Council (NJNC). The employees have agreed to keep the exact detail of the offer under wraps in order to avoid public outrage, but we reveal the amount. The negotiation meeting, held on the 9thfloor boardroom of Kaguvi Building in Harare between representatives of the Public Service Commission (PSC) and emissaries of civil servants under the banner of the Zimbabwe Congress of Public Sector Trade Unions (ZCPSTU), ended in a deadlock. It was postponed to next Thursday. The civil servants’ demand through ZCPSTU was US$840 salaries, which was an increase on the US$540 that they have long pushed for. The US$540 was pegged on public sector salaries during the power-sharing Government of National Unity. After the meeting, ZCPSTU said it agreed not to publicise the government's offer until an agreement has been reached. ZCPSTU chairperson Cecilia Alexander said the exact figures pertaining to the government's offer were too little and embarrassing, but she would not disclose them. “We agreed with government not to publicise the offer in order for negotiations to proceed in good faith. We outrightly rejected the offer from government," Alexander said. “What government offered as increments was too little from what we are asking. However, we agreed for further engagements. We allowed government to make further consultations so that it comes up with meaningful proposals at the negotiation table.” However, The NewsHawks can reveal that the government offered: a 50% Zimdollar increment, US$20 across the board, US$50 teaching allowance converted bto Zimdollars on the prevailing interbank market rate and US$30 to the rest of the public sector workers, also converted to local currency. Teachers are currently earning at least ZW$36 000 and US$120, plus US$75 Covid-19 allowance. The government’s offer therefore falls very far below the expectations of restive civil servants, especially teachers in rural areas. Obert Masaraure, the Amalgamated Rural Teachers' Union of Zimbabwe president, said his organisation foresaw the negotiation deadlock and urged its members to go on strike. He revealed that while ZCPSTU was pushing for a US$840 salary, his organisation had a different figure of US$1 260 for teachers which it wants the employer to pay. “As we rightly predicted, the 1st of March hyped National Joint Negotiating Council (NJNC) meeting didn't yield any results. Our members must stay home and continue to apply pressure on the employer.” “We have been generous with our labour at the expense of the welfare of our families. It is high time we attend to the needs of our families. Our labour must be fairly compensated,” he said, adding: “We will only be demobilised by a substantial US dollar salary increment, our demand is US$1 260. Housing allowance and transport allowance are non-negotiable, government should meet the market rates, US$200 housing and US$80 transport.” Over the years, the Alexander-led Apex Council has been accused of betraying civil servants in negotiations by agreeing to bad salary deals with the government and Masaraure reiterated the fears. “We brace ourselves for long empty statements from the 'negotiators'. They will agree to a bad deal and try to convince us that it was the best. We understand how the 'negotiators' think. They think we are gullible and are ready to accept anything and everything they sell to us,” he said. ZCPSTU chairperson Cecilia Alexander Hidden pay hike offer to civil servants unmasked Government’s offer falls far below the expectations of restive civil servants. News
Page 28 NewsHawks Issue 121, 3 March 2023 International Investigative Stories LAST September, Fego Kiniafa was back home in Papua New Guinea’s eastern highlands and partying into the night. Aged just 43, Kiniafa had already ascended to the top of the state-owned PNG Ports corporation and was a rising star among PNG’s technocrats. The year before, he had negotiated what would become a more than A$621 million (US$ 434 million) deal for Australia to fund the expansion of the country’s ports. It was a huge coup, and Kiniafa was enjoying his success. Kiniafa downed drinks as he mixed with a crowd of foreign tourists and locals celebrating the Pacific nation’s independence day. In the small hours, he bid farewell and headed to the home of a close friend outside of town. Within hours, Kiniafa was dead, his body hacked up with machetes and left in a rubbish-strewn ravine. His burnedout car was found in a nearby village. Kiniafa’s murder on September 17, 2022, shocked Papua New Guinea. Enraged, thousands of his tribesmen descended on the villages near the site of his death, torching over 400 homes and causing over 3,000 people to flee. Kiniafa’s killing was also bad news for the flagship Australian infrastructure project he helped create. Australia had agreed to fund the project as part of what it calls its “step-up” in the Pacific to fend off China’s growing business and political clout in the strategic region. Now, a joint investigation by OCCRP and the Australian Broadcasting Corporation (ABC) has uncovered dealings connected to Kiniafa and PNG Ports in the years before his death that could raise further questions about the future of the massive aid initiative. The revelations come from the Pandora Papers, millions of files from service providers of offshore companies leaked to the International Consortium of Investigative Journalists (ICIJ) and shared with media partners around the world, including OCCRP. The documents show that both Kiniafa and his predecessor as PNG Ports boss, Stanley Alphonse, apparently received benefits via an offshore bank account controlled by an Australian businessman with a checkered past. The businessman, Don Matheson, is the former owner of a financially troubled Australian soccer team, who moved into business in PNG after racking up hundreds of thousands of dollars in unpaid taxes, and was found by a civil court to have misled his partners in a Queensland golf course. Matheson has since reinvented himself as a development consultant in PNG and has boasted of close ties to Prime Minister James Marape. Documents show that a Singapore company set up by Matheson received roughly $4.35 million in 2017 from a Philippines-based multinational ports operator, International Container Terminal Services (ICTSI). The funds landed around the same time ICTSI received lucrative contracts to run PNG’s largest terminals. The Singapore company’s account was then apparently used to send money to Alphonse and to pay for perks for Kiniafa, including a racehorse and medical equipment. Alphonse has denied any wrongdoing. Matheson, via lawyers, declined to answer reporters’ questions. John Chevis, a former Australian Federal Police officer who advises Papua New Guinea’s financial authorities, said the transactions should prompt investigations to check for any kickbacks to influence PNG Ports, including in its contracts with ICTSI. “Payments coming out of an account into which money had come from a winning contractor, appearing to go back to people who may have been able to make decisions about who won that contract –– that is a reason to go and have a bit of a closer look,” Chevis said. OCCRP and the ABC did not find any evidence connecting any of these dealings to Kiniafa’s killing. But the seemingly unrelated findings — of questionable offshore dealings, and a possible murder plot — point more broadly to the risks for Australia as it seeks to counter China in the Pacific, said Paul Barker, the executive director of the Institute of National Affairs in Port Moresby.“It is critical that one is not going in blindly, that one is aware that when it comes to the state-owned enterprises, including PNG Ports, there has been a long track record of misappropriation [and] malpractice,” Barker said. The port expansion deal reached between the late Kiniafa and Australia “needs to be reviewed to make sure that no component of the Australian program has gone down the wrong track or has been implicated in this,” he said. ‘A Promising Leader’ Kiniafa’s murder put a sudden end to a meteoric career. Hailing from a hardscrabble valley near the bustling highlands town of Goroka, he built a national profile, working in both private business and senior government positions. He was appointed head of PNG Ports in 2019 after having served as its chief commercial officer. “He was a promising leader who … would make a very good politician, I will say,” his widow, Sarah said in an interview. By the time he rose to the top of PNG Ports, the company had already had some disappointing experiences with Chinese state firms. An Asian Development Bank-backed project by one Chinese company to revamp the country’s biggest port, in the city of Lae, ended up costing more than double the originally budgeted amount and was marred by delays and defective work. PNG Ports had also entered into a deal with the local subsidiary of another Chinese state company to build a Port Moresby high-rise, known as the Noble Centre. The building, touted as Papua New Guinea’s biggest real estate investment, has since completion been plagued by structural defects and stands unoccupied. Once in charge, Kiniafa moved to fix both botched projects. He refused to honor a deal for PNG Ports to purchase floorspace in the Noble Centre, and sought funding from Australia to redevelop both the Lae port and other facilities around the country. Kiniafa’s big-ticket deal with Australia deftly played off the rivalry between China and the West. China’s growing presence in the region had prompted Australia — a close U.S. ally that administered PNG until the country became independent in 1975 — to create a multi-billion-dollar developInternational InvestigativeStories Murdered Papua New Guinea ports official benefitted from suspect offshore payments Fego Kiniafa
NewsHawks Page 29 Issue 121, 3 March 2023 ment fund known as the Australian Infrastructure Financing Facility for the Pacific. The PNG port redevelopment is the largest single project in Australia’s regional financing plans. Just weeks before he was killed, Kiniafa told the ABC that the project had been born out of a conversation he’d had over coffee with Australian officials in PNG’s capital, Port Moresby. But, he said, “It was really a PNG Ports-driven initiative.” ‘Bigger Than Ben-Hur’ But years before pursuing his deal with Australia, Kiniafa was involved in other questionable dealings tied to Papua New Guinea’s rich southern neighbor, OCCRP and the ABC have found. They also involved a predecessor as the head of PNG Ports, Stanley Alphonse, and the colorful Australian businessman, Don Matheson. Matheson, 60, moved into business in Papua New Guinea around 2010 after experiencing business setbacks in Australia and incurring an A$640,000 ($582,000) tax debt. (The case was resolved in 2018). He had previously gained some notoriety as the owner of a short-lived soccer team, the North Queensland Fury, that went belly-up amid financial difficulties. A golf course Matheson co-owned in the city of Townsville was also ill-fated. In 2011, a federal court found he had misled his business partners and Australian regulators by transferring land away from investors without telling them, and failed to share hundreds of thousands of dollars in profits. One partner’s widow filed a criminal fraud complaint with the Queensland police, who initially showed interest in opening an investigation. But she said the police did not take the case any further. Former associates describe Matheson as a fast talker with grand plans. “He makes out he’s bigger than Ben-Hur,” said Jason Driscoll, the Fury’s former operations manager, who was among those who lost money on the golf course investment. “Everyone thought he was big time.” Meanwhile, Matheson had shifted his focus to a company he had recently established in PNG called CSG International, which billed itself as a consulting service on major developments, including financing, planning, and construction. From the beginning, PNG Ports was a major client. Since at least 2010, CSG International has done work for the port operator, such as redesigning and rebranding its offices and renovating its staff housing. Matheson and Kiniafa’s professional relationship eventually grew into a personal friendship, Sarah Kiniafa said. In 2016 — while Matheson’s company was a contractor for PNG Ports — the two men became co-owners of a champion racehorse, Mihany, racing sale records and form guides show. The horse was trained in a top Australian stable and won more than A$500,000 in prize money over his career. Mihany’s victories included a win during the prestigious Melbourne Cup Carnival. “Fego always loved to bet on horses,” Sarah said of her husband. In 2018, Sarah was made a co-owner of a racehorse named Gorokan Express, a nod to the Kiniafas’ home district, alongside Matheson’s wife, Susan. Payments and Contracts By early 2017, Matheson had engaged the services of Hong Kong-based Asiaciti Trust, one of 14 offshore company formation agents to have its files leaked in the Pandora Papers. Among the files, ABC and OCCRP reporters found a trove of letters, invoices, and bank records that detailed a money trail connecting Matheson, PNG Ports officials, and the multinational ports operator ICTSI. Despite Matheson’s public business troubles in Australia, Asiaciti took him on as a “low-risk” client. Matheson’s application was supported by a letter of recommendation from Kiniafa, who was then serving as PNG Ports’ chief commercial officer. Asiaciti helped Matheson set up a Singapore company, Coral Seas Planning Consultants, as well as company accounts with Singapore-based OCBC Bank. Bank statements obtained by reporters show that Coral Seas Planning Consultants soon received a windfall. In June 2017, at least $643,000 in cash and check deposits from unknown sources had landed in the company’s accounts. Days later, it received the first of nearly $4.3 million in wire transfers from the Manila-based ports operator, ICTSI. In total, seven payments labeled as “professional fees” or “consultation fees” were sent from ICTSI to Coral Seas Planning Consultants between June and December 2017, the records show. Right in the middle of these payments, in September 2017, PNG Ports and ICTSI finalized agreements for ICTSI to operate the country’s two biggest container terminals, in the city of Lae and at Motukea island near Port Moresby. Shortly before his death, Kiniafa told ABC that ICTSI was chosen in a competitive bid of “around three to four serious contenders.” The 25-year contracts grant ICTSI the right to charge shippers for freight handling. In return, the company estimates it will pay a total of A$667 million ($455 million) in rent to PNG Ports. Matheson originally agreed to an interview with reporters, but later canceled plans to meet in person. In earlier conversations with an ABC reporter, Matheson claimed to be a close family friend of Papua New Guinean Prime Minister Marape, and to regularly play golf with the country’s leader. OCCRP has found no evidence of any wrongdoing by Marape. An ABC reporter waited outside a golf tournament in Brisbane last November in an attempt to ask Matheson questions about the transactions, but he refused. When asked why he was paid over $4.3 million by ICTSI, he said, “You’ve done your research… well done,” but declined to elaborate. He asked for reporters to send him questions by email before walking away. Matheson, via his lawyers, declined to answer questions later sent by reporters. In an email, the lawyers described the questions as “nothing short of obfuscatory [and] containing fictional scenarios, without any, or any real, factual foundation.” PNG Ports did not respond to questions. Asiaciti declined to comment on the specifics of its business with Matheson, but said the company maintains a “strong compliance program and each of our offices have passed third party audits for Anti-Money Laundering & Counter-Financing of Terrorism practices in recent years.” A spokesperson for ICTSI, Jupiter Kalambakal, confirmed that the company had engaged Matheson’s Singapore company on an “arm’s length basis to support projects and business development outside of PNG.” “We were not specifically aware of any work done by Mr. Matheson for PNG Ports at that time. We are not aware, nor were we ever aware, of any payments made to any of the individuals mentioned,” Kalambakal said. “Lae and Motukea were tendered out in a well-run, transparent, and public international process.” The bulk of the money that Coral Seas received was then transferred back out via a series of large overseas wire transfers. A few days after ICTSI’s final payment, Matheson’s Singapore company paid A$30,000 ($22,992) directly to a beneficiary listed as “STANLEY ALPHONSE” — the name of the chief of PNG Ports at the time. Former PNG Ports head Alphonse denied personally knowing Matheson or receiving any benefit from him. He declined to comment on the tender process for ICTI’s contracts but said “there was a team assembled with included experts in various fields… which included the late Fego Kiniafa to undertake the process and report to the senior management and the Board.” Another series of payments also appeared to benefit Kiniafa and his family. In June 2017, the company sent A$10,000 to another of Matheson’s accounts in Australia in a transaction labeled as “MIHANYFEGDON.” Mihany was the name of a racehorse the two men co-owned. In October that year, the company sent another A$15,000 to the stable where Mihany was being trained. In January 2018, nearly A$20,000 was sent to a dealership in the city of Brisbane in a transaction labeled “FEGOLANDCRUISER.” It followed nearly A$94,000 sent to another car dealer in the town of Echuca the previous month in two transactions labeled “TOYLANFEG” and “LANDFEGECHUC”. It is unclear if the payments were related to one or more vehicles. Kaniafa’s widow Sarah told OCCRP and the ABC that the transactions apparently labeled for vehicles reminded her of the time her late husband suddenly brought home a Land Cruiser for the family. “I did ask him, ‘Who bought the Land Cruiser?’ He said, ‘I did, with my own money’.” She said she had no idea at the time about payments from Matheson’s company. But when shown a spreadsheet of transactions, Sarah, a dentist who owns a clinic in Port Moresby, recognized nearly $15,000 sent to a medical equipment supplier that appeared to be for her benefit. “I think (it’s) dental chairs. They must have bought it for my clinic,” she said. Another transfer to Australia appeared to be labeled with the address of a Gold Coast house recently purchased by a Matheson family company. Sarah Kiniafa said her family stayed at the house rent-free for up to a month at a time while in Australia. Chevis, the former Australian Federal Police officer, said the payments warranted more scrutiny. “They may have been made in order to obtain the contract that ICTSI got to run PNG ports. It’s a possibility that should be explored,” he said. PNG’s police criminal investigations head, Chief Inspector Joel Simatab, told OCCRP and the ABC he would further examine the transactions. “Yes, we will look at it. Contracts amounting into millions, government contracts that go out, are subject to scrutiny when there are, you know, kickbacks or irregularities involved. Yes, we will definitely look at it.” Australia’s Department of Foreign Affairs and Trade said in a statement: “Papua New Guinea is Australia’s closest neighbor. PNG’s economic prosperity, security and sovereignty is key to the region’s peace and stability.” “The Australian Government does not tolerate fraudulent or dishonest behavior.” Prime Minister Marape’s office did not respond to questions. Meanwhile, Kiniafa’s widow Sarah mourns her husband while she comes to terms with his past. She said she was haunted by the “hatred in the way he was killed” by the mob that slashed him to death. “The kind of killing that he had — he didn’t deserve that,” she said. “They wanted him to feel pain.” — Organized Crime and Corruption Reporting Project. A policeman pointing to the place Kiniafa’s body was found. A village that was torched after Kiniafa’s killing. Fego Kaniafa’s widow, Sarah. Kiniafa’s burnt-out car in the aftermath of his murder in September 2022. International Investigative Stories
Page 30 NewsHawks Issue 121, 3 March 2023 MAJOR environmental auditing firms ignore or fail to recognize glaring environmental damage caused by loggers and other clients whose practices they certify as sustainable, undercutting an elaborate global system meant to fight forest destruction and climate change. With alarming frequency, the auditors and so-called certification firms validate products linked to deforestation, logging in conflict zones and other abuses, according to an investigation by the International Consortium of Investigative Journalists and 39 media partners. Certification helps the firms’ clients produce and promote teak yacht decks, high-end furniture and other products in markets all around the world. The ICIJ investigation, Deforestation Inc., showed how companies use the results of flawed audits to advertise products and operations as compliant with environmental standards, labor laws and human rights, misinforming shareholders as well as customers. The damage can be devastating and long-lasting. “A felled tree cannot be replaced in a man’s lifetime,” said a French prosecutor in a recent case involving a Spanish logging firm that had illegally cut down century-old oaks and other trees in privately owned forests in Southern France. ICIJ found that many companies declared as sustainable forestry operations that fell well short of their own claims or voluntary standards. For instance, a Brazilian wood products company operating in the Amazon claimed that it was “certified with flying colours” despite having been fined 37 times since 1998 for stockpiling and transporting wood without legal documentation, among other violations. A Japanese forestry company in Chile sourced timber from suppliers that used documents containing false information on the origin of the wood. A group of Canadian logging companies used a “sustainable forest management plan,” certified by a local auditor, to cut down trees in Indigenous forestland, drastically altering the community’s territory and way of life, according to a court ruling. ICIJ examined inspection records, environmental violation data and court filings, concerning companies in at least 50 countries. The analysis identified 48 auditing firms that had declared sustainable the practices of companies in the forest products industry that had been charged with such violations as logging in Indigenous forestland and protected reserves, using false permits, and importing illegally harvested timber. Since 1998, more than 340 certified companies in the forest products industry have been accused of environmental crimes or other wrongdoing by local communities, environmental groups, and government agencies, among others. About 50 of those firms held sustainability certificates at the time they were fined or convicted by a government agency. Such cases are almost certainly undercounted, in part, because many government databases of environmental crime don’t identify the companies responsible. “It’s the whole system that we rely on, on certifications in general, that doesn’t work,” Grégoire Jacob, a consultant working in the forest-products industry, told Radio France, an ICIJ partner. “We are led to believe we will have more virtuous products. Sometimes it’s true; sometimes it’s false.” Jacob was one of six current and former forestry auditors and consultants who told ICIJ and media partners in France, Canada, the U.S. and elsewhere that certification standards were inadequate and the procedures ineffective. The auditors themselves — who make up a growing $10 billion industry — are rarely held accountable for downplaying or missing red flags in clients’ operations and sustainability reports. Environmental auditing differs from its highly regulated counterpart, traditional financial auditing, and is governed by far fewer rules and guidelines. Indeed, said Jonathan White, a lawyer at ClientEarth with expertise in corporate responsibility and climate risk, environmental auditing is largely unregulated. “In that unregulated space, you have a problem with accountability,” White said. “If those kinds of verification bodies are to fulfill a role that is kind of robust…they have to apply skepticism and check claims that are made by companies. They have to go behind the information that companies provide.” The global investigation also sheds light on governments’ weak efforts to stop the trade of conflict wood from authoritarian regimes in Myanmar and elsewhere. Sustainability certification firms enable companies at the center of such trade to mislead the public. ICIJ’s findings reveal how some companies misrepresent their commitment to ending the global climate crisis while they exploit precious natural resources under the “sustainability” banner. Meanwhile, forested areas that, combined, are larger than the European Union have disappeared since 1990. And more and more forests keep vanishing to provide dubiously labeled products. Marketing ‘sustainability’ Over the last two decades, publicly traded multinationals, small suppliers and investment firms have used their association with voluntary forest-certification schemes to show customers and shareholders that they are committed to “environmental, social and governance” (ESG) guidelines and that their practices do not harm the environment. So-called sustainability certifications provided by private bodies are not legally required, but they have become virtual must-haves for companies that trade, produce or use timber and other commodities associated with deforestation. At the heart of this self-regulating system are international organizations such as the Forest Stewardship Council (FSC), the Programme for the Endorsement of Forest Certification (PEFC) and the Roundtable on Sustainable Palm Oil (RSPO). They rely on third-party auditing firms to vet clients and certify that wood-product companies, palm oil producers and others harvest responsibly and don’t use materials linked to illegal logging and other environmental crimes. (Back in 2007, J.K. Rowling’s U.S. publisher agreed to her wish that FSC-certified paper be used for the final Harry Potter novel, “Harry Potter and the Deathly Hallows.”) The environmental auditing sector is part of the $200 billion testing, inspection and certification industry. It includes specialized units of auditing giants such as KPMG and PwC, large, publicly traded companies such as the Swiss multinational SGS Société Générale de Surveillance SA and smaller firms such as PT Inti Multima Sertifikasi in Indonesia. The auditors typically perform risk assessments for their clients, inspect mills, interview company foresters and ensure that operations and products are in line with voluntary environmental standards designed by private certification organizations. Some of the auditing firms’ marketing materials trumpet such goals as “protecting the planet’s forests,” facilitating the “economically feasible exploitation of forests” and “mitigating deforestation.” — International Consortium of Investigative Journalists. Environmental auditors approve green labels for products linked to deforestation, authoritarian regimes A Spanish firm illegally logged trees in this private forest in Perle les Castelets, southern France belonging to Yves and Helene Rameil International Investigative Stories
NewsHawks Page 31 Issue 121, 3 March 2023 The NewsHawks is published on different content platforms by the NewsHawks Digital Media which is owned by Centre for Public Interest Journalism No. 100 Nelson Mandela Avenue Beverly Court, 6th floor Harare, Zimbabwe Trustees/Directors: Beatrice Mtetwa, Raphael Khumalo, Professor Wallace Chuma, Teldah Mawarire, Doug Coltart EDITORIAL STAFF: Managing Editor: Dumisani Muleya Assistant Editor: Brezh Malaba News Editor: Owen Gagare Digital Editor: Bernard Mpofu Reporters: Brenna Matendere, Ruvimbo Muchenje, Enock Muchinjo, Jonathan Mbiriyamveka, Nathan Guma Email: [email protected] 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 Al Jazeera: We're patiently waiting Dumisani Muleya Hawk Eye Editorial & Opinion This election is threatening to be very tricky. And those morons at Zec could cost me big time! THE just-ended election in Nigeria has dominated news headlines for days, with analysts expending considerable effort in dissecting both the electoral process and the result. A lot was at stake in this contest. Nigeria is Africa's largest democracy and biggest economy. This year's election was the most competitive since the end of military rule in 1999. Predictably, the electoral process was fraught with embarrassing glitches. Nigeria, at this stage in its history, should not be committing elementary blunders in election management. The count — in the full glare of international news cameras and observers — was hit by multiple technical and logistical problems that the Independent Nigerian Election Commission appeared unable to resolve. Many people were disenfranchised and the electoral commission lacked transparency, eroding public trust. It must be stated, of course, that nobody realistically expected Nigeria’s election to be a perfect affair. There is no flawless plebiscite under the sun, but it is important for an election to be a true reflection of the people's will. Across Africa, we have generally witnessed growing disillusionment and discontent with democracy. Nigeria is a leading country in Africa and has serious responsibilities to live up to. But beyond the technical and logistical shortcomings, the rest of Africa was left with a lot to ponder. The low voter turnout was a huge talking point. Of the 87.2 million eligible voters, only 24.97 million actually bothered to cast their ballots, which is equivalent to 29%. Comparatively, this is far less than the 35% and 43% recorded in the 2019 and 2015 elections respectively. Bola Tinubu, the candidate of the ruling All Progressives Congress (APC), romped home to victory with 8.79 million votes (35.2%), in a dramatic race that pitted him against Atiku Abubakar of the People's Democratic Party (PDP) who garnered 6.98 million votes, and Peter Obi of the Labour Party who bagged 6.1 million votes. In pretty much the entire race, Obi gripped the public imagination as he appeared to strike a chord with mostly young voters. When the final tally came in, many analysts were puzzled. The turnout was underwhelmingly low — yet we had been told 10 million first-time voters had registered. Well, although the surprise was undestandable, there was a rational explanation for this outcome. Firstly, even though Obi and Abubaker fared strongly, their efforts were diluted in the end by their divided opposition. One of the enduring conundrums of African elections is that the electorate often votes along ethnic and regional lines, instead of coalescing around much stronger multi-ethnic opposition coalitions. The ruling party wins easily. Tinubu won just 37% of the vote, but he is now in power. A staggering 62 million Nigerian voters did not cast their ballots. They will now have to live with the consequences, for years. Hopefully, Zimbabweans are learning from all this as our own elections beckon. Learn from Nigeria polls
Page 32 NewsHawks Issue 121, 3 March 2023 New Perspectives WALKING in the streets of Harare, I noticed quite a number of shops with adverts of various cryptocurrencies placed on their windows and doors. I just wondered, is cryptocurrency governed here in Zimbabwe? Cryptocurrency governance refers to the process by which decisions are made regarding the rules, policies, and direction of a particular cryptocurrency network. Since cryptocurrencies are decentralised and do not have a central authority, the governance process typically involves a community of users, developers, and other stakeholders who come together to propose, discuss, and implement changes to the network. Several states have implemented cryptocurrency governance, including the United States. The Japanese government has implemented a licensing system for cryptocurrency exchanges and other service providers and has established a framework for the taxation of cryptocurrency transactions. The Swiss government has established a legal framework for cryptocurrency and blockchain businesses and has implemented a licensing regime for cryptocurrency exchanges and other service providers. Malta has established itself as a hub for cryptocurrency businesses, with the government implementing a pro-cryptocurrency regulatory regime. The Maltese government has established a licensing system for cryptocurrency exchanges and other service providers and has also implemented a framework for initial coin offerings (ICOs). The Singaporean government has established a licensing system for cryptocurrency exchanges and other service providers and has also implemented a framework for ICOs. Overall, the approach to cryptocurrency governance varies widely from country to country. Some countries have adopted more permissive regulatory regimes, while others have taken a more cautious approach. The specific approach to cryptocurrency governance will depend on a variety of factors, including the size and sophistication of the local cryptocurrency market, the level of support for cryptocurrencies among regulators and policymakers, and the specific goals and values of the local population. There are different approaches to cryptocurrency governance, but some of the most common include: Core development teams Some cryptocurrencies have a small group of core developers who make decisions about the network’s direction and implementation. These developers are typically chosen based on their technical expertise and are responsible for maintaining the codebase, implementing updates, and addressing bugs and security issues. Decentralised autonomous organisations (DAOs) A DAO is a decentralised entity that operates through code and smart contracts on a blockchain. In the context of cryptocurrency governance, a DAO can be used to allow token holders to vote on network changes and proposals. Token holder governance Some cryptocurrency networks allow token holders to vote on proposals through a process known as “token holder governance”. This approach gives users a direct say in the network’s development, but it can also be prone to manipulation by large token holders. Hybrid governance Some cryptocurrencies use a combination of the above approaches to achieve a balance between decentralisation and efficiency. Overall, cryptocurrency governance is a complex and evolving field, and there is no one-size-fitsall solution that works for every network. The success of a particular governance model depends on a variety of factors, including the size and diversity of the community, the complexity of the network, and the specific goals and values of the stakeholders involved. Zimbabwe, like any other country, can approach cryptocurrency governance in several ways. Here are some potential steps that Zimbabwe could take to develop a framework for cryptocurrency governance: Legal and regulatory framework The first step for Zimbabwe would be to establish a legal and regulatory framework for cryptocurrencies. This could involve defining cryptocurrencies as a specific asset class, creating a licensing regime for cryptocurrency exchanges and other service providers, and developing rules for the issuance of new cryptocurrencies. Education and awareness campaigns can be important tools for promoting responsible cryptocurrency use and reducing the risk of fraud and other illegal activities. Consumer protection Zimbabwe could establish consumer protection measures to ensure that users of cryptocurrency platforms are protected against fraud and other forms of exploitation. This could include measures such as requiring exchanges to maintain sufficient reserves to cover user deposits and implementing dispute resolution mechanisms to resolve disputes between users and service providers. Zimbabwe could implement anti-money laundering (AML) and know-your-customer (KYC) requirements for cryptocurrency exchanges and other service providers. This could help to prevent illicit activities such as money laundering and terrorist financing. Zimbabwe can collaborate with other countries and international organisations to develop best practices for cryptocurrency governance. This could involve sharing information and expertise with other countries, participating in international forums, and working with industry associations to promote responsible cryptocurrency use. The approach to cryptocurrency governance in Zimbabwe will depend on a variety of factors, including the size and sophistication of the local cryptocurrency market, the level of support for cryptocurrencies among regulators and policymakers, and the specific goals and values of the Zimbabweans. Cryptocurrency governance has the potential to improve the Zimbabwean economy in several ways. Here are some potential benefits: Increased access to capital Cryptocurrencies can provide individuals and businesses with a new way to access capital. By allowing users to make borderless transactions with low fees, cryptocurrencies can provide an alternative to traditional financing channels. This could be particularly beneficial for Zimbabwean entrepreneurs who face challenges in accessing capital due to limited access to credit and other traditional financial services. Improved financial inclusion Cryptocurrencies can also improve financial inclusion in Zimbabwe. Cryptocurrencies are accessible to anyone with an internet connection, which means that people who are excluded from the traditional banking system can still participate in the economy. This could help to reduce poverty and increase economic growth. Reduced transaction costs Cryptocurrencies can also reduce transaction costs for individuals and businesses. Traditional financial systems often involve high transaction fees, especially for cross-border transactions. Cryptocurrencies, on the other hand, can facilitate lowcost and fast transactions, which can reduce the cost of doing business and increase economic activity. Improved transparency Cryptocurrencies are built on blockchain technology, which provides a transparent and immutable ledger of all transactions. This can help to reduce corruption and improve accountability in the Zimbabwean economy. Job creation The development and adoption of cryptocurrencies can also create new jobs in the Zimbabwean economy. This could include jobs in software development, financial services, and other related fields. Overall, the potential benefits of cryptocurrency governance for the Zimbabwean economy are significant. However, there are also risks and challenges associated with cryptocurrencies, such as volatility, security risks, and regulatory challenges. Therefore, Zimbabwe needs to approach cryptocurrency governance in a responsible and balanced way, taking into account both the potential benefits and the potential risks. *About the writer: Kaduwo is a researcher and economist. Contact: [email protected] or WhatsApp +263773376128. How Zim can benefit from cryptocurrency Econometrics HawksView Tinashe Kaduwo Cryptocurrencies aren’t backed by governments or any other standard used with traditional currency.
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 ZSE feels impact of VFEX exodus PRISCA TSHUMA THE exodus of Zimbabwe Stock Exchange (ZSE) securities to Victoria Falls Exchange (VFEX) has weighed down on the Zimdollar-indexed bourse's performance for the month of February, experts say. This follows the exit of blue-chip companies from the ZSE to VFEX which they say offers better prospects of accessing US dollar capital. In December last year, Simbisa Brands led the exodus and listed on VFEX. National Foods Limited followed suit as shareholders approved its delisting on ZSE through an emergency general meeting held in the same month. This year, Axia Corporation Limited and African Sun Limited declared their intentions of delisting on the ZSE while Innscor Africa successfully delisted on the market in the month under review. Market analyst Tafadzwa Mtutu said the migrations have caused a hiccup on the performance of the market. “Overall performance was weighed down by Innscor and Axia’s jump to VFEX, which wilted down the total market cap,” he said. Market analyst Hilton Chikoto said the migrations affected the performance of the market because most values exchanged on the bourse were from institutional investors and large corporations. “These investors prefer the market's liquid counters and, with the bulk of them shifting to the VFEX, investors have little to no option,” Chikoto said. He said this resulted in one counter accounting for 50% of total weekly trades, while the top three by market cap accounted for more than 80% of the market. The ZSE gained 3.43% in February mainly because of Delta Corporation, which picked up 29.3%, and Econet Wireless’ gains of 25.7%. “These gains were driven by liquidity which originated from ZWL disbursements in the energy and construction sectors,” added Mtutu. Meanwhile, African Sun has been a consistent climber throughout the month, currently having the most year-to-date gain of roughly 291.8%. Chikoto anticipates consistent growth in March, as there is normally an injection of liquidity in the market with the approach of the tobacco marketing season, although presently the majority of transactions are in US dollars. “This will drive extra RTGS to flow into the equity market, potentially resulting in a market uptick,” he said. On the other hand, Mtutu projected a flat performance in March due to a dearth of liquidity injections. “We expect a flat performance in March in the absence of additional liquidity injections and we identify possible government disbursements to farmers as triggers to the stock market’s performance,” said the analyst. However, both analysts anticipate a dull performance on VFEX as investor sell-off in Axia and Innscor weigh down on the bourse despite adding to the total market cap of the US dollar market. “With the heavyweights migrating to VFEX, the exchange has grown to over $1 billion in value, but none of the migrated counters have yet to meet the volume transactions seen on the ZSE,” Chikoto said. “This reduces investing options in the stock market once again,” he added.
BERNARD MPOFU ZIMBABWEAN government officials and corporate leaders are gearing for a major capital markets conference in London, United Kingdom, during the final week of next month to mobilise private capital to finance domestic development. The event, set for 20-21 April, will be held at Queen Elizabeth II Centre, a conference facility located in the City of Westminster, London, close to the Houses of Parliament, Westminster Abbey, Central Hall Westminster and Parliament Square. It will be addressed by Finance minister Mthuli Ncube and key players in the primary capital markets, corporate leaders, financial institutions and investment bank executives, and public accounting firms heads, as well as secondary market players such as fund managers and stockbrokers from Zimbabwe and overseas. The conference is organised and partly funded by Financial Markets Indaba and Bard Santner Markets Inc, among other players. It is facilitated by the Zimbabwean embassy in the UK led by ambassador Christian Katsande. Bard Santner Markets Inc is the headline sponsor of the conference whose theme is The role of capital markets for sustainable growth of the economy: Creating and developing efficient local capital markets. The aim of the event is to showcase the local capital market to international investors, including the diaspora investing community to mobilise capital. Bard Santner, a fast-growing local financial advisory and investment firm, says the conference has been well-subscribed, surpassing their initial expectations. “We are very encouraged by the level of buy-in and delighted that the ministry of Finance, Reserve Bank of Zimbabwe, Securities and Exchange Commission of Zimbabwe and, of course, the Victoria Falls Stock Exchange, along with some of its listed companies, have confirmed attendance,” Bard Santner chief executive Senziwani Sikhosana said. “In our view, it is these seamless and almost natural private-public partnerships that are imperative in ensuring that the Victoria Falls International Financial Services Centre project takes off. Since Victoria Falls has been designated a Special Economic Zone, that will help to develop the spectacular town into a regional financial hub handling flows of finance, financial products and services across borders. It will signify Zimbabwe’s recovery and rise to what it ought to be: a regional and African economic powerhouse. It’s doable. “We even have companies listed in other capital markets such as in West Africa and North America participating. That on its own speaks volumes about this. Diaspora individuals and organisations are also participating, alongside premier investment management firms in London.” Bard Santner, which recently launched a Gold Coin Unit Trust, is slowly but surely making itself a force to reckon with in participating in key economic events. For instance, during last year’s Capital Markets Awards held in November facilitated by Financial Markets Indaba and Business Weekly, Bard Santner sponsored the Best Preforming Listed Company and the Life Time Award. It also co-sponsored the 2022 ZimTrade Conference in Harare with the pan-African bank Ecobank. At the ZimTrade conference, Bard Santner chairperson Vinod Bussawah – based in Mauritius which is currently the leading financial services centre in the region – expressed confidence in Zimbabwe’s plan to launch its own financial hub in Victoria Falls. Bussawah said when Mauritius first set out to create its own financial centre, many said it would not work, but now it has become a phenomenal success. With the right model, strategy and policies, Zimbabwe can do it. Besides Bard Santner, Financial Markets Indaba, an investment platform which connects capital providers, allocators and operators with a view to promoting investment deals and activity in Zimbabwe and Africa, is also playing a key role at the conference. The platform convenes insightful panel discussions, presentations and conversations in the three most important cities to Zimbabwe’s capital markets: Harare, Johannesburg and London. The Zimbabwe Stock Exchange (ZSE) is the backbone of Zimbabwe’s capital market, with a history dating back as far as 1896. It is one of the oldest and highly diversified bourses in Africa with listings spanning key sectors of the economy. The ZSE automated its trading system in July 2015, bringing the manual trading system to an end. However, the automated trading system remains limited to the stockbrokers in terms of both trading and real-time viewing rights. Zimbabwe needs a functional capital market to help innovators with great ideas to become entrepreneurs and small businesses to grow into big companies as happened in the 1990s with Econet Wireless Zimbabwe and Innscor Africa Limited, according to Dr Alfred Mthimkhulu, Bard Santner Investors executive director. Reiterating remarks he first made at the Confederation of Zimbabwe Industries congress in Harare last year, Mthimkhulu said when the primary market was working, together with a vibrant secondary market during the 1990s, that helped companies to raise longterm funding for investment. “We need to revive the primary market function of the capital market to raise long-term funding to finance long-term projects. The capital market is a measure of inherent strength of the economy. It is one of the best sources of finance for companies, and offers a spectrum of funding avenues to investors which, in turn, encourages capital creation in the economy,” Mthimkhulu said. “The secondary market is basically the stock market driven by trading.” The World Bank Group views local capital markets as critical to accelerating the sustainable economic growth needed to broaden prosperity and reduce poverty. Deeper, dynamic and more efficient equity and debt markets can be more effective in helping to mobilise domestic savings and complementing traditional bank lending by fostering risk-taking and long-term investments. Further, markets can protect economies from volatile fluctuations in capital flows and reduce the dependency on foreign debt. They also promote efficient governance and transparency, while providing diversified sources of investment. For Zimbabwe to stimulate economic growth and development, it requires long-term funding, hence the capital market provides an avenue for mobilisation and utilisation of long-term funds for development. This is referred to as the longterm end of the financial system. So the capital market, as an organised mechanism for effective and efficient transfer of money capital or financial resources from the investing class to the entrepreneur class in the private and public sectors of the economy, is what the country needs to ensure economic recovery and growth. According to the World Bank, capital markets can accelerate economic growth by providing a boost to domestic savings and increasing the quantity and quality of investment. Page 34 NewsHawks Issue 121, 3 March 2023 Companies & Markets Zim govt, private sector ready for UK capital markets indaba Bard Santner CEO Senziwani Sikhosana
NewsHawks Page 35 Issue 121, 3 March 2023 Companies & Markets High Court throws out securities monopoly suit CABS wins currency conversion challenge BERNARD MPOFU THE High Court has dismissed with costs an application by Chengetedzai Depository Company (CDC) which sought to set aside a government directive bringing to an end the company’s monopoly as the country’s sole securities depository. The dispute involves Chengetedzai Depository Company, the Securities and Exchange Commission of Zimbabwe (SECZim) and the Finance ministry. CDC sought a review of a directive issued by the capital markets regulator on 15 October 2021 on the basis that it acted ultra vires the law and failed to observe procedural fairness in issuing the directive giving effect to the transfer of securities from CDC to the Zimbabwe Stock Exchange (ZSE). Chengetedzai’s monopoly was brought to an end when SECZim issued Directive SS 15/10.2021 in which the capital markets regulator committed transgressions ranging from non-observance of mandatory statutory processes to infringement with contractual and constitutional property rights. CSD’s court application also cites the ZSE as the second respondent. CDC had argued that the directive amounted to “rules” as defined in section 118(2) of the SECZim Act. For that reason CDC contended that SECZim ought to have followed the procedure laid down in section 118 (6) for promulgating rules. In terms of such the capital markets regulator was obliged to submit the rules in draft form for the minister approval and gazetting before rules became effective. Opposing the application, SECZim through its lawyers Mawere Sibanda Commercial Lawyers and the ZSE which was represented by Kantor and Immerman argued that the CDC had no locus standi to sustain the proceedings and the entity had approached the courts in haste before exhausting domestic remedies provided for under the SECZim. Presiding over the case, High Court judge Justice Joseph Chilimbe ruled that the applicant had an obligation to prove that the Securities and Exchange Commission, which was cited as the first responded in the court papers had acted outside the law. “It (CDC) has not been able to discharge the onus on the grounds that it raised. It will not therefore not access the relief prayed for,” Justice Chilimbe ruled. “And so apart from stating that this dispute does not justify calls by either side for punitive costs; It will be therefore ordered that the application be hereby dismissed with costs.” THE High Court has dismissed an application by a Harare man seeking an order compelling local mortgage lender CABS to pay over US$140 000 in hard currency after his funds were converted to local currency following a change in the monetary system. Duncan Hugh Cocksedge through his lawyers Tendai Biti at Law filed a court application against CABS, the Reserve Bank and ministry of Finance and Economic Development seeking a claim of US$179 541.45 to be paid within seven days of a judgment in favour of the claim plus 5% interest per annum on the sum backdating to 2016. In his ruling, High Court judge Justice Webster Chinamora dismissed the claim, saying CABS acted in accordance with the country’s laws. In 2016, the authorities in Zimbabwe introduced bond notes as an export incentive and pegged the United States dollar at par with the Zimdollar, sparking a public outcry over the policy shift. Cocksedge, who held an account with CABS, approached the High Court, challenging the legality of the pieces of legislation used to change the country’s monetary system. “I also find the claim for repayment in United States against CABS a bit cynical, given that the banking institution was only complying with the law,” ordered Justice Chinamora. “In the result, it is ordered as follows:- the points in limine be and hereby dismissed. The applicant’s claim in the main be and is hereby dismissed. The applicant’s claim in the alternative be and is hereby dismissed.” Justice Chinamora also ordered the applicant to pay the first respondents’ costs on the attorney and client scale. While CABS did not dispute that it owed Cocksedge the said amount, the building society opposed the application on the basis that the activities of the financial institution were regulated by the Reserve Bank Act and the Banking Act. The Reserve Bank, which is cited in the court papers as the second respondent, argued that Cocksedge had no locus standi (legal standing) to challenge a directive he was not privy to. The apex bank also averred that the relief sought by the applicant was incompetent at law. The RBZ contended that CABS cannot be made to pay the sum demanded in the absence of an order invalidating statutory instruments 33/2019, 142/2019 and the Finance Act (No.2 of 2019). — STAFF WRITER DESPERATE for capital after the pullout of Russian investors stalled the Darwendale platinum project last year, Kuvimba Holdings wants state-owned Zimbabwe Consolidated Diamond Company (ZCDC) to put in US$400 million for a 33% stake in the operation. Vi Holdings of Russia had hoped to build what would be Zimbabwe’s biggest platinum mine, but delays in raising funds, made worse by sanctions on Russia over Ukraine, forced the company to withdraw from the project last year. Vi Holdings then ceded its 47.8% stake to its local partners, Kuvimba Mining House and Fossil, who are unable to raise the capital needed on their own. Now, controversially, Munashe Shava, who is both chief operating officer of GDI and chairperson of ZCDC, has proposed that ZCDC put money into GDI, official documents show. Finance minister Mthuli Ncube has written to Mines minister Winston Chitando authorising the deal. “However, there is need to ensure that the necessary due diligence is exercised on the pricing of the shares as well as ensuring that the necessary approvals are granted as required by the (Public Finance Management Act’s) provisions,” Ncube wrote on 3 February this year. Under Kuvimba’s proposal, ZCDC would pay US$111.3 million for the shares within a week of an agreement being signed. In total, together with other charges, ZCDC would have to ultimately pay US$400 million, a price that ZCDC management view as excessive. According to Kuvimba’s proposal, a valuation of GDI by SAF Oxford and Ernst & Young has valued GDI at US$923.2 million. However, a December 2020 transaction to sell a 4.4% stake for US$30 million to Fossil Mines valued GDI at US$680 million. — NEWZWIRE Kuvimba pushes for ZDC capital injection
Page 36 NewsHawks Issue 121, 3 March 2023 Companies & Markets
NewsHawks Page 37 Issue 121, 3 March 2023 CISION, a global leader in media intelligence and analytics, in collaboration with PRWeek, has released its 2023 Global Comms Report: A Seminal Moment. The report shows the elevated status of strategic communicators within C-suites around the world, with nearly half of them now reporting directly to the CEO. The sixth annual report, which summarises comments from 440 business professionals in 10 different countries about their performance and sentiment, investigates the standing of strategic communication specialists. Never mind the fact that the report excludes Africa, which strikes practitioners on the continent as rather odd, the findings lend credence to my recommendation to top executives to include communicators at the top table. Note that I use the terms public relations (PR) and communications (comms) interchangeably. The 2023 Global Comms Report provides an in-depth analysis of current trends in global public relations, communications and media, including the changing dynamics of the industry. The findings confirmed strategic communications had finally secured the elusive seat at the top table. This is because of PR’s performance under recent pressures and continually rising savvy with data and analytics. These are some reasons the C-suite is both empowering and expecting communications to impact all aspects of the business as it never has before. “The bar for strategic communications has been raised, and the industry is ready to rise to the challenge. Communications teams must be able to demonstrate their value to organisations using data analysis, artificial intelligence and human expertise,” said Putney Cloos, chief marketing officer of Cision. The report also went on to highlight the challenges communicators face, in that even with all the progress, communications professionals still struggle with certain tasks. It also dealt with influencers and their power to persuade and identify the platforms most preferred by strategic communicators worldwide. The study also deeply considers the role of content in both tactical and strategic terms. It also delves into other pertinent PR touch points, such as team and budget sizes, a purview over diversity, equity and inclusion (DE&I), environments, social and governance (ESG), and HR matters, as well as media/influencer engagement. The evidence points to the fact that a lot has changed on all these fronts over the past 12 months, according to the data. In addition, it provided insight on how communication roles, teams, budgets and strategies have evolved over the past year, offering guidance for communication professionals looking to optimise their strategies for the future. The report finds that the impact More communications officers now report directly to CEO of the global Covid-19 pandemic on the industry led to professionals taking a larger strategic role in decision-making. Worldwide unrest that includes Russia's invasion of Ukraine, and the racial justice movement highlighted in the research have hastened the evolution of the connection between CEOs and communication teams. Over half (47%) of communications professionals now directly report to the CEO, which is a sharp difference from 2020, when 57% said that communications was a part of marketing. Despite the difficulties, 58% of respondents said they are “optimistic” about the state of communications in the C-suite by 2023. The report captured such high levels of optimism in what one respondent said that with every year that goes by, the benefits of PR are gradually more known and embraced. They acknowledged that it has been a slow but steady process, yet in the past couple of years, though, it has truly moved forward. In terms of optimism, there is a gap between in-house and agency respondents, with the former being far more bullish. “As for the industry verticals, all are majority optimistic about their position in relation to the C-suite headed into 2023. That said, it is clear the tech/internet sector is most positive, while the financial services industry is least so,” the report says. It also highlights the growing need for freelance and flexible resources to build sustainable teams, as well as the importance of data measurement and analytics in understanding audiences and measuring success. Communications has for a long time found it difficult to adapt to data and analytics and this can help account for the impact of their work. According to the data, communications professionals are now balancing the art and science of their profession, embracing how science and technology can also help them create content even better. They gave respondents a list of 11 tasks that fall under communications and are frequently supported by tech solutions, such as news/media m o n i t o r i n g , press release distribution, r e p u t a t i o n management, and social listening. “It is noteworthy that the top scorer (25%) among them was 'content ideation/strategy/creation (software, AI, keyword, research)'. That was followed closely by 'data analysis/insights' (24%) and 'impact/ROI of PR efforts' (21%). (No other option exceeded 8%.) Communicators are relying on technology and data as much in the creative process of producing content as anything else,” the report said. In fact, 79% of respondents answered affirmatively when asked if communications is relying on data and analytics more now than it was last year. Indeed, it is in influencer marketing that communicators indicated they had to rely on data and analytics to help expand their reach and engagement. The two biggest challenges communicators face is finding the right influencer to work with and the cost of partnerships, and this is reflected across the board regionally, by organisation type and by industry sector. “We’re really looking at who has true influence with a target audience, not just popularity,” suggests Carmichael Lynch Relate’s Julie Batliner, “in getting them to notice, think or act on something, while adding a lot of credibility and authenticity to the message.” Industry leaders show a strong grasp that businesses can no longer connect with influencers based just on gut feeling. Data must be a major factor in those choices as well. When considering who might be considered an influencer, the options are limitless. And that is but one of many difficulties that communicators encounter in this regard. “The numbers demonstrate the C-suite not only understands and respects PR’s value as a business mover, but it actually expects communications to deliver in ways it never has before,” said Gideon Fidelzeid, editorial director at PRWeek. “Of course, with great accomplishments come greater challenges and responsibilities, but I’d put my money on PR and the brands they support thriving in this new era of communication.” The 2023 PRWeek Cision Global Comms Survey was conducted with the participation of 440 communications and marketing comms senior-level professionals, from both agencies and in-house, in the United States, Canada, France, Germany, Sweden, United Kingdom, Australia, China, Hong Kong and Singapore. Participants were professionals drawn from organisations in industries such as healthcare, retail, education, technology, financial services and entertainment and was conducted online between 15 September and 5 October 2022. *About the writer: Lenox Lizwi Mhlanga is a consultant communications specialist with 22 years of experience in the profession. He has worked for the World Bank Group and blue chip companies in Zimbabwe and the region. Contact him at email: lenoxmhlanga@gmail. com and mobile: +263 772 400 646 Corporate Communications Lenox Lizwi Mhlanga Companies & Markets
Page 38 NewsHawks Issue 121, 3 March 2023 ALICE Walker, a former heroin addict, after successfully recovering from her drug addiction once rhetorically and soberly said this: “What is addiction, really? It is a sign, a signal, a symptom of distress. It is a language that tells us about a plight that must be understood." Recently, on 26 January 2023, Dominican Convent High School, an elite Catholic-run school in Harare, expelled eight of its Advanced Level students on allegations that they were found with illicit drugs at the school’s leadership camp in Nyanga, Manicaland province. This decision sent shockwaves across the Harare community and Zimbabwean society, and subsequently divided opinion over the merits and demerits of their expulsion. Consequently, the expulsion of these eight school girls has brought into sharp focus and national attention the scourge of drug abuse and addiction among youths in Zimbabwe. The suspension points to the fact that the problems of drug abuse are no longer confined to the youths from the working class and underclass background. Drug and substance abuse has tentacles across the socio-economic and class divide, and has spread into middle-class and privileged classes. In this opinion piece, I will situate the scourge of drug and substance abuse within the wider context of socio-economic malaise and the attendant moral decadence within Zimbabwean society. Accordingly, I will argue that this largely ignored drug epidemic has inevitably become a national disaster which demands sound political will from both the ruling party and the opposition parties. Crucially, I will make a strong case on why there will be no quick-fix solution to this scourge and that the solutions to arrest this scourge are inextricably linked with addressing the deplorable socio-economic challenges that have rendered most youths under-employed and jobless. Narcotisation of poverty Drugs have historically existed in Zimbabwe and the most common drug grown or imported into Zimbabwe is cannabis (mbanje). This has been purely used for cultural and traditional purposes by specific ethnic groups in Zimbabwe. The Tonga community along the Zambezi River in Binga use it openly as part of their traditional rituals and ceremonies and also for its healing properties. It is also grown in Chipinge, Chiredzi and Nyanga. Cannabis is also smuggled in from Malawi, Mozambique and other neighbouring countries where it is more commonly used. Accordingly, it was reported in April 1980 that the late legendary reggae maestro Bob Marley before he performed on the eve of our Independence in 1980 at Rufaro Stadium in Harare, together with his band The Wailers, paid pilgrimage to a Mutoko village where they got the chance to smoke the locally produced cannabis. Needless to say cocaine, heroin and other hard drugs have been recently making long trips from their traditional bases in Latin America to Zimbabwe. The United Nations Office on Drugs and Crime 2015 World Drug Report reveals that Afghan heroin bound for Europe and other regions has been smuggled to southern Africa, including Zimbabwe, across the Indian Ocean. Methamphetamine produced in West Africa is also being smuggled to East and South-East Asia via southern African countries, including Zimbabwe. Therefore, it has increasingly become clear that Zimbabwe is now awash with drugs. There is now an underground narcotics economy that is flourishing in Zimbabwe. As such, according to the latest statistics from the government of Zimbabwe, 57.1% of youths are consuming illicit drugs and narcotics. This is a disturbing phenomenon because demographically the youths of Zimbabwe are the majority. Consequently, it means that the nation is at risk of losing the whole generation of its supposedly socially and economically active young population and future leaders to illicit drugs. The youths of Zimbabwe are particularly in a difficult and dire situation in the sense that the high schools and tertiary institutions have become conveyor belts of churning out jobless youthful graduates. When the youths of Zimbabwe graduate from either secondary schools or from tertiary education, they are confronted with a bleak and dark future where the prospects of getting a job or earning an honest living are very much negligible. Therefore, it is these exogenous factors that are railroading youths to indulge in drug and substance misuse. As a result, for the de-proletarianised youths drug consumption becomes an anaesthetic coping mechaHigh youth unemployment in Zimbabwe has seen more young people turn to drugs such as crystal meth. Drug epidemic and youthcide in Zim The Big Debate Taona B. Denhere
NewsHawks Page 39 Issue 121, 3 March 2023 The Big Debate nism to ease their pain, frustrations and ultimately drown their sorrows. Hence Frank Tallis, a former cocaine addict, once said: "At first, addiction is maintained by pleasure, but the intensity of the pleasure gradually diminishes and the addiction is then maintained by the avoidance of pain." For most ghetto youths are rendered invisible, irrelevant and forgotten in their impoverished communities, on the street corners and local pubs and shebeens, where they huddle, hang out and sustain themselves through spiritual masturbation of drug abuse in an effort to drown and soothe their disappointments and sorrows. However, on the flip side of it we are witnessing drug consumption and substance misuse breaching the socio-economic divide and extending into hitherto "drugfree zones". That is, we are witnessing youths from middle-class and affluent backgrounds also consuming and smoking illicit drugs. Accordingly, the Dominican Convent fiasco shows that illicit drugs have now penetrated every socio-economic facet of Zimbabwean society. But illicit drug abuse also exposes the fault-lines of the drug consumption divide. That is for the middle-class youths, narcotic and drug misuse in most of the cases is driven by purely a sense of experimental enjoyment or for recreational purposes. As these youths are protected and insulated by their middle-class wealth and privileged position from the daily socio-economic ravages that plague the ghettoised youths. A disproportionate number of drug users are from the ghettos, which typifies ground zeroes of arrested development enclaves in Zimbabwe. Consequently, the drug epidemic among the youths spawned what could be classified as the narcotisation of poverty. Suffice it to say there are sound legislative instruments in Zimbabwe that any serious and concerned government can deploy to combat this drug menace. For instance, there is the Dangerous Drugs Act [Chapter 15:02] which makes it clear that the following types of drugs are illegal: Coca leaves, coca bush, cannabis plant or Indian hemp (both raw and prepared) also known as “bhang”, “camba”, “dagga”, “mbanje” or “intsangu" and opium (raw and prepared). The law prohibits and controls the production or manufacture, possession, sale, use or distribution of drugs and the cultivation of plants. Crimes punishable under the Criminal Law Code relating to dealing in dangerous drugs include unlawful possession or use of dangerous drugs, allowing one’s premises to be used for the unlawful dealing in or use of dangerous drugs hiding, disguising or benefitting from the proceeds of the unlawful dealing in dangerous drugs as well as possessing and using dangerous drugs. Furthermore, Zimbabwe is a party to many international instruments that address the problem of drug trafficking. It is party to the 1961 United Nations Single Convention on Narcotic Drugs, the 1971 UN Convention on Psychotropic Substances, the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the 2000 UN Convention against Transnational Organised Crime, and the 2003 UN Convention Against Corruption. It is also a member of the South (Protocol on Combating Illicit Drug Trafficking). Consequently, a question arises: Why is it that there has been lack of both political will and governmental will to decisively deal with this drug menace that is devastating the communities and a whole generation of youths? There are different answers to this pertinent question on the lacklustre approach of the Zanu PF government. It has been alleged that some of the drug barons who are at the top of the food chain of narco-economics are politically connected to the ruling party. Therefore, their proximity to the ruling elites makes them untouchable and insulates them from being arrested or charged for their criminal activities. Another reason that could explain why the Zanu PF government is adopting an ostracism approach of burying its head in the sand while young people are destroying and killing themselves with illicit drugs is that the narcotics are being used by youths as an escape mechanism from the harsh realities of the socio-economic failures of the regime. Therefore, most of the youths, due to their narcotised and zombified state, are failing to capture and utilise their individual and collective agency. That ultimately has disappointingly led them to being socially and politically demobilised and disengaged from the political and governmental matters of their nation. That could perhaps be the one of the reasons there has been no massive firewall of youths registered to vote. Crucially it is important to provide possible ideas and scenarios that a serious government and opposition parties could adopt in terms of tackling the scourge of drug abuse and substance misuse. Thus, in the short-term, what needs to be done is to destroy the narco-economies and drug cartels of the known drug barons and drug baronesses. As pointed out earlier, Zimbabwe has legislative instruments and the criminal justice system that can be able to decisively deal with this problem. That is if the powers that be demonstrate political will in tackling this scourge. Moreover, one of the push-factors that have driven the youths to misuse drugs is the harsh socio-economic failures in Zimbabwe. Accordingly, the current socio-economic challenges and socio-political fundamentals need to be seriously addressed. Zimbabweans need to elect a competent and professional government in 2023 that can be able to arrest this 23-yearold socio-economic decline. As such, having a government that can create employment and restore the social contract can indeed save a lot of youths from engaging in self-destructive behaviour of drug misuse. The war on drugs should be inextricably intertwined with war on poverty. Accordingly, winning the war against poverty will have a domino effect of winning the war against drugs. Furthermore, the opposition, particularly the Citizens' Coalition for Change (CCC), must have a clear and sound drug policy. It must distinguish itself from the lackadaisical approach of the Zanu PF government to this national disaster. Thus, there is a need to formulate a drug policy that treats the drug epidemic both as a health issue and criminal matter. This then also requires a policy that takes into account the views and circumstances of the users and the community and that treats the unemployed drug user as a victim and the drug baron or drug baroness as the perpetrator. Also, much can be learnt and borrowed from other jurisdictions, which have decriminalised soft and recreational drugs, coupled with the establishment of cannabis cafes and cannabis smoking zones where cannabis is legally smoked under a controlled environment. In addition, this drug epidemic demands the establishment of alcohol and drug recovery centres where the drug addicts are treated and given help to overcome their addictions. Additionally, there is a genuine case for incorporating subjects on risks of drug abuse in the school curriculum, particularly for both primary and secondary education levels. This will ensure youths get educated, informed and sensitised about the dangers of drug abuse and substance misuse. Moreover, there is also a need to have aggressive and strong community outreach programmes that are designed to conscientise the hard-hit communities about the ravages which are being brought about by this drug epidemic among the youths and their communities. This can be done in a similar fashion the HIV and Aids campaigns and education programmes were conducted in the late 1990s and early 2000s. *About the writer: Blessing Taona Denhere is a UKbased human rights lawyer and international development practitioner.
Page 40 NewsHawks Issue 121, 3 March 2023 Critical Thinking DR ADMORE TSHUMA THERE is little doubt that the advent of Zimbabwe’s independence in 1980 has paradoxically generated a new debate on the notion of freedom and justice, particularly from philosophical perspectives. For instance, during the oppressive Rhodesian era, “black rule” was a term coined as the ultimate rejoinder to the concept of freedom and justice. Nonetheless, increasing economic inequalities under the black administration that followed independence raise daunting questions on the initial “paradigmatic struggles” of redistribution and recognition which certainly inspired the struggle for black self-rule. Needlessly to say, democratic Zimbabwe was born from the Rhodesian racial injustices, amidst high hopes for prosperity, justice and peace, yet the last three decades have seen a very significant increase of poverty in the former British colony. Surely, the country has celebrated three decades of independence after the demise of the minority white government led by Ian Douglas Smith. Suffice to say, the black democratic government has been rolling out socio-economic policies in Zimbabwe, for sometime now. What is at stake in this paper, is the notion of the creation of absolute poverty under the black political dispensation, consequently, distorting social democratic views of distributive justice. It obscures Nancy Fraser’s views on culture, redistribution and recognition, in particular when she argues that cultural misrecognition drives maldistribution (Fraser, 1995). When Fraser published her essay From Redistribution to Recognition in 1995 it was greeted by a number of social theorists as a major intellectual contribution on philosophy surrounding injustices. Fraser claimed that struggles for justice could not succeed unless they are intertwined with a politics of redistribution and a politics of recognition. Yet, an interrogation of the post-colonial Zimbabwean epoch shows a significant departure from Fraser’s theoretical views. The advent of black self-rule in 1980 meant that the politics of cultural recognition was achieved. This is despite views that it is often a mammoth task to eradicate cultural misrecognition in any society. The current rulers of Zimbabwe are the same “firebrand” black nationalists who decades ago launched a struggle for freedom, whose motivational principle was to liberate black people from injustices of “misrecognition and maldistribution”. However, the existence and increase of mass poverty is triggering a searing intellectual debate on whether ultimate freedom has been achieved in Zimbabwe. The analysis locates some tension in Fraser’s theory of misrecognition and maldistribution. Consequently, evaluating post-colonial Zimbabwe injustice should explore the rift between maldistribution and cultural misrecognition, which contextually does not constitute the full meaning of injustice. The Zimbabwe narrative indicates that a focus on culture as a significant form of injustice is inadequate. For instance, it requires an examination of structural and political factors interacting with what I would refer to as the Robert Mugabe School of Economics, thus Zimbabwe’s approach to the economic system. Furthermore, it should also explore barriers that prevent human development and prosperity among millions of Zimbabweans, despite the fact that the Rhodesian cultural misrecognition has long been eradicated. Furthermore, it beckons an analysis of the conditions under which a perfectly working economic system, inherited from yesteryear Rhodesia, suddenly grinds to a halt. To achieve this, it is critical to examine values and morals of those charged with the socio-economic order of Zimbabwe, be it in times of economic decline or economic growth which has nothing to do with cultural misrecognition, but maldistribution. This approach may serve to illuminate the Zimbabwean poverty narrative, which may reveal a dramatic and remarkable story. Defining poverty During the World Summit for Social Development in Copenhagen in 1995 organised by the United Nations, up to 117 countries around the world adopted a declaration and a programme of action that included commitments to eradicate absolute poverty and reduce overall poverty (UN, 1995). These countries also came up with a national poverty-alleviation strategy which they set as a priority, hence the question is whether Zimbabwe is honouring its international obligations in line with the agreements of the World Summit for Social Development. Absolute poverty was defined as: a condition characterised by severe deprivation of basic human needs, including food, safe drinking water, sanitation facilities, health, shelter, education and information. It depends not only on income but also on access to services (UN, 1995). Overall poverty takes various forms, including: lack of income and productive resources to ensure sustainable livelihoods; hunger and malnutrition; ill health; limited or lack of access to education and other basic services; increased morbidity and mortality from illness; homelessness and inadequate housing; unsafe environments and social discrimination and exclusion. It is also characterised by lack of participation in decision making and in civil, social and cultural life. It occurs in all countries: as mass poverty in many developing countries, pockets of poverty amid wealth in developed countries, loss of livelihoods as a result of economic recession, sudden poverty as a result of disaster or conflict, the poverty of low-wage workers, and the utter destitution of people who fall outside family support systems, social institutions and safety nets (UN, 1995). These definitions were consequently adopted by Unicef and have been used as standard measures of poverty in different countries across the world (Notten & de Neubourg, 2011). The pragmatic implication is that absolute poverty is lack of one or more basic needs over a period long enough that it endangers someone’s life. Contrary to relative poverty, absolute poverty covers vital and biological needs such as food, water, clothing, basic housing or anything like a decent roof over your head, and sanitation (World Bank, 2007). Poverty levels in Zim This section makes use of different genres of poverty literature, including descriptive statistics in trying to explore the extent of the problem in post-colonial Zimbabwe. The principal aim is to reflect on the current levels of poverty at a time when injustices of cultural misrecognition were long uprooted from Zimbabwe’s political economy. A large base of poverty literature and statistics reflect a sharp increase of poverty in Zimbabwe, particularly in the 1990s. For instance, ChimThe creation of absolute poverty and suffering in post-colonial Zimbabwe Ian Douglas Smith
NewsHawks Page 41 Issue 121, 3 March 2023 Critical Thinking howu, (2013) notes that the proportion of households living below the food poverty (absolute poverty) rose to 35% by 1995 from a low of around 26% in 1991, then dramatically rose to 63% by 2003, and to 88% by 2008. These shocking statistics reflect an unprecedented decline of living standards in Zimbabwe within a short period of time. They show that the living standards of Zimbabweans has fallen sharply and more steeply in the 1990s than at any time before independence. Furthermore, the UNDP, (2008) states that the Zimbabwe Human Poverty Index, pegged at 17% in 1990, more than doubled in 2006 to 40.9%. Furthermore, the UN’s Human Development Index ranking which was steadily at 52 in 1990, rose to 108 in 1992, 129 in 1997 and by 2005 it was ranked at 155 of the 177 countries (UNDP, 2008). These are also shocking statistics representing collapse and deprivation revealed through the Human Development Index. A study by Alwang et al (2002) supports the claim that poverty in Zimbabwe increased significantly during the 1990s in all sectors of the country’s economy. They observe that in the mid-1990s, at least 60% of Zimbabwean households fell below the national poverty line. According to Alwang et al (2002), at least 1.7 million people countrywide are facing acute hunger. This claim is also underscored by the state-controlled Press reports, for example — that villagers in Manama, South of Zimbabwe, were surviving on wild fruits because of lack of food (Chronicle, 2000). Furthermore, the American National Public Radio (NPR) reports that: People ... in other parts of the country are simply going hungry. Many are foraging in the bush for wild berries and guavas. It is now the matamba season, but the round, hardskinned fruit has to be ripe to be safe to eat. Experts tell you that in desperation, villagers are picking matamba and smothering it with donkey or cow dung so that the fruit will ripen rapidly out in the sun (NPR, 2008 p2). These are shocking developments, particularly considering that Zimbabwe has been able to adequately feed its population, and has for many years also been exporting food (Alwang et al 2002). Furthermore, the Zimbabwe National Statistics Agency (ZimStat, 2013) shows that absolute poverty has increased with the rural average consumption per person per month, standing at US$4.70, compared to US$87 for urbanites. ZimStat (2013) also revealed that poverty directly affected 62% of the country’s population of 13 million people then. While different poverty studies in Zimbabwe may produce different stats, there is a consensus that the poverty problem in Zimbabwe has long reached absolute levels. Perhaps the severity of poverty in Zimbabwe can at least be understood from the views of Zimbabwean politicians themselves, who have presided over the decline. The acting principal director in the ministry of Public Service, Labour and Social Welfare, Sydney Mhishi, set out the tone: Poverty levels have remained high with population below food poverty line as high as 63%. What it means is that generally around 63% of our households in urban and rural areas have an income which cannot enable them to purchase sufficient food or are not producing enough food to take them through the season. As a result, poverty and hunger levels continue to be high (Mhishi, 04/12/2013, Herald). Mhish’s statement collaborates findings of the ZimStat (2013) study and raises two important issues that need to be examined. First, it reveals that more than half of Zimbabwe’s population live below the poverty line. Secondly, that poverty is pervasive in both urban and rural areas, a point which may clarify the intensity and severity of the poverty problem in Zimbabwe. Furthermore, a critical analysis of the Zimbabwe Vulnerability Assessment Report (2013), backs Mhishi’s (2013) claims on poverty levels. The Zimbabwe Vulnerability Assessment Report estimate that about 2.2 million Zimbabweans are in need of food aid. This claim collaborates Mhishi (2013), that 63% of Zimbabweans cannot purchase sufficient food for their needs, due to deprivation. A 2008 United Nations World Food Programme survey also found a shocking deterioration of standards of living in the past year alone. They found that the proportion of people who had eaten nothing the previous day had risen to 12% from zero (UNWFP, 2008). They also found that those who had consumed only one meal had soared to 60% from only 13% in 2007. In the context of the World Summit for Social Development in Copenhagen, these statistics reveal the existence of absolute poverty in Zimbabwe. And, in the context of Mhishi (2013), it is clear that almost 15 years after the UN commitment to eradicating absolute poverty, Zimbabwe has not been able to meet the UN obligations. While this section has highlighted different statistics in the depth of poverty in Zimbabwe, there is consensus that poverty levels are unacceptably high in Zimbabwe. The premise of this consensus is that something needs to be done which may suggest the application of alternative policies. . To be continued… *About the writer: Dr Admore Tshuma is a former Zimbabwean journalist, now an academic at the University of Bristol. He did his PhD in Social Policy at the University of Bristol's School for Policy Studies. He previously worked at the University Centre of Southend as a programme director for the BSc (Hons) Psychology and Sociology course, in partnership with the University of Essex. President Emmerson Mnangagwa
Page 42 NewsHawks Issue 121, 3 March 2023 Reframing Issues Church universities role in empowering women MATHEW MARE ACCORDING to the encyclopaedia of feminism, liberal feminists argue that the quality of rights and opportunities should be extended to women in all areas of life. Weiner opined that liberal feminism asserts that individual women should be as free as men to determine their social, political and educational roles, and that any law, tradition and activity that inhibits equal rights and opportunities must be repealed. At the core is the transformation of education systems and laws to ensure that the environment is conducive enough for women to learn with the full support of teachers. However, this study looks at the subject matter from the perspective of universities and employment opportunities for women into higher positions of influence. According to Zwana (2008: 280), church-owned universities play a key role in the socialisation of women into active members of society. He goes on to state that the dynamics of student activism and their implications in a church university are also interrogated alongside issues of academic freedom and autonomy, as well as the role of a university in influencing and shaping national processes and debates. There is a ligament that connects university education to positions of influence in church and in the public sector by women. A number of women from mainline churches, including nuns and deacons, are graduates from both secular and the church owned universities and a majority of those occupy key positions in church and in the public domain. There are a number of Catholic nuns who are professors, occupying key positions within the university structures and in their religious orders as mother generals of various formation houses and convents. In most churches, the educated women are being given a preferential treatment. However, with the high unemployment levels and depreciated value of education in Zimbabwe, such achievement is not quite sustainable. In Africa the institution of marriage is like a double-edged sword, it empowers and also disempowers women. In some instances, one’s status changes with marriage. For example, the first ladies in the political sphere. In the traditional sphere, the king’s wives used to play a very important role in the management of the state and its affairs. In the religious sphere, the position of women is relative. While in most Pentecostal churches wives to prophets become prophetesses, in Johanne Marange Apostolic Church their statuses remain unchanged. The bias of this study is on denominations where the status of women changes positively with marriage. The study assumes that in those denominations the elevated women would act as the bridge to other women, hence an important empowerment strategy. There is a lot of evidence that proves women’s status is being transformed through the institution of marriage. In most Pentecostal churches, women share authority and apostleship with their husbands. The common titles in Pentecostal churches are prophet and prophetess. Through the institution of marriage, wives end up occupying key positions in the church and majority of whom are being called Amai, meaning mother in Shona. The church members, regardless of gender, would surrender and submit themselves to the mother or prophetess. In rare circumstances they end up succeeding their husbands, for example TB Joshua of the Synagogue Church Of All Nations was succeeded by his wife. TB Joshua’s wife Eveline has set a pace for other churches and she has demonstrated that women are equally capable leaders considering the sphere of influence of the church concerned. Women-led churches are more appealing to distressed women who require more love, care and support. According to Ross (1976: 94), the African continent has experienced phenomenal Christian growth in spite of numerous challenges and disasters. Zwana (2007: 76) pointed out that by virtue of their salvific mission, churches have been rated as sources of hope in the midst of difficulties. However, most churches are continuously losing their role of being sources of hope because of a surge in church related human rights abuse on women and children. The study noted that apart from the institution of marriage as a factor influencing the rise of women in churches, the changing circumstances also contribute immensely. The 21st century is an important century in terms of human rights issues. The world over, human rights and gender issues are a front-page topic. It is like an unstoppable wave as people are beginning to demand and question all the elements that violate their rights. The human rights and gender wave have seen many denominations beginning to offer women positions in the church, perhaps to silence them. Haynes (1996: 8), writes, in order to perpetuate hegemony successfully it is necessary for the dominant strata to maintain a more or less consensual moral order which has the status of common sense. The majority of churches gave women less glamourous positions in the church in order to silence them from demanding their full rights. The fear of radical feministic approach resulted in many churches accommodating women in their ranks and structures. Mapuranga (2020:186) provided a global statistical evidence which demonstrates how women are disempowered and yet they work harder than men. In a United Nations blog, the need to specifically examine women’s empowerment stems from the notion that ‘to this day, women perform 66% of the world’s work, produce 50% of the food, but earn 10% of the income and own 1% of the property’ (www.unwomen. org). From a religious studies perspective, this scenario emerges from the fact that Christianity and other world religions developed amid patriarchal societies in which women are treated as objects rather than persons. To this day, women have neither been accorded equal rights within the society not equal rights within religious communities. The male, in most instances, has been granted authority and power over women, especially wives, and this has led to devastating consequences for women and their health and wellbeing. (Messer 2004: 78). *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 Page 43 Issue 121, 3 March 2023 Reframing Issues PHILIPPE BURGER The Financial Action Task Force has placed South Africa on a list of countries under increased monitoring, commonly known as the grey list, after it failed to address all of the shortcomings on money laundering and the financing of terrorism that the task force identified in its 2019 evaluation of the country. The decision has serious implications for the country, more specifically its financial services sector as well as its ability to attract investment. The Conversation Africa’s political editor Thabo Leshilo talks to Philippe Burger, an economics professor and the dean of the Faculty of Economic and Management Sciences at the University of the Free State, about what the grey listing means for South Africa. What does grey listing mean? Grey listing refers to a country being placed on a list of countries under increased monitoring by the Financial Action Task Force (FATF), the global money laundering and terrorist financing watchdog. The FATF evaluates each member country’s implementation and effectiveness of measures to combat money laundering and the financing of terrorism. South Africa has been placed on FATF’s grey list because it does not have sufficient mechanisms in place to monitor and combat money laundering and terrorist financing activities. The country undertook to work with the FATF to identify strategies and time frames to improve its monitoring mechanisms. Specifically, it undertook to work with the FATF on eight specific topics. These include increased investigation and prosecution of money laundering and terrorist financing activities. It’ll also enhance its capacity to identify, seize and confiscate the proceeds of such crimes. South Africa also needs to improve its terrorist financing risk assessment to inform its strategy to counter the financing of terrorism activities. In addition, it needs to ensure the effective implementation of targeted financial sanctions, and create effective mechanism to identify individuals and entities targeted by such sanctions. What are the implications? Though the FATF does not explicitly require increased due diligence, grey listing will nevertheless in effect require increased due diligence. Banks dealing with cross-border financial flows and companies wanting to invest in South Africa will have to vet their clients and the sources of client income better before they invest. This can be costly and, therefore, discourage investment. The increased risk associated with South Africa could also result in higher interest rates and cost of capital. The higher costs that domestic and international companies will incur when they trade or invest across South African borders will put upward pressure on the cost of living of ordinary South Africans. However, of probably even more significance to ordinary South Africans is that the grey listing will likely deter foreign investment, which is needed to stimulate economic growth and job creation. Which other countries are grey listed? In being grey listed South Africa joins a list of countries, none of which are known as paragons of governance. Some, such as the Cayman Islands and Panama, are known tax havens that potentially attract laundered money. Others are known as war zones or countries with jihadist and Islamist terror groupings operating on their land. These include Syria, Yemen, Mali, Nigeria, and Mozambique. The list also includes countries with very weak governments, such as Haiti and the Democratic Republic of the Congo. What needs to happen for the grey listing to be lifted? South Africa needs to work with the FATF to identify strategies and time frames to improve its monitoring mechanisms. It must then implement these improvements at the latest by January 2025. This might require improved legislation and better monitoring mechanisms to red-flag potential money laundering and terrorist funding flows. Although the country recently made a belated effort to improve its legislation to avert being grey listed, it will need to do more. Doing so will require a dedicated focus from the government to • pass additional relevant legislation, • fund the investigative authorities to combat money laundering and terrorist financing activities, and • ensure the effective and speedy prosecution of individuals and institutions undertaking such crimes. With the recent history in South Africa of state capture for private gain by individuals, some of whom are themselves probably guilty of money laundering, the onus will be on the government to show that it is serious about implementing effective legislation and mechanisms to combat money laundering and terrorist funding. Thus, to get out of the rut of grey listing the country will have to fight the rot of money laundering and terrorist funding. The jury, or in this case the Financial Action Task Force, is still out on whether it will succeed in doing so. — The Conversation. *About the writer: Philippe Burger is professor of economics and head of department at the University of the Free State in South Africa. South Africa provides fertile ground for money laundering and terrorism funding. shutterstock South Africa has been grey listed for not stopping money laundering and terrorism funding. What it means
Page 44 NewsHawks Issue 121, 3 March 2023 Reframing Issues spoke of win-win solutions, but we need to put this into perspective. This encourages brain drain — the exit of skilled people from African countries. Another similar approach is France’s policy to attract skilled labour. The French government plans to create a specific residence permit for foreign doctors. According to the Organisation for Economic Cooperation and Development (OECD), in 2022 France hired some 25,000 foreign-born doctors, or 12% of the total number of practitioners registered with the Ordre des Médecins. The exodus of qualified migrants can lead to a loss of skills, ideas and innovation, a loss of investment in education, a loss of tax revenue, a loss of crucial services in the health and education sectors. For instance, Ghana is in dire need of a skilled workforce, but it is one of the African countries Germany is targeting. This policy of skilled recruitment in the global south by countries of the global north creates a situation in which countries of origin are incubators where experts are born, educated and trained before they leave for other destinations. This form of skilled labour migration should be rethought and above all supervised on both sides. It also raises a question of ethics. It is difficult not to think about ethics because this recruitment model will deprive African states of the personnel they need. Agreements should be signed between states and not commitments between skilled workers and employers. In addition, a rigorous framework that benefits workers, employers and states would avoid making foreign workers, who are paid less than their national colleagues, less precarious. What can be done to retain skilled workers in their country of origin where there is a lack of expertise in their fields of activity? African countries must have their own migration agenda. They should encourage the mobility of skilled experts supported by circular migration. With circular migration, it will be possible for skilled experts to work in several countries on a rotational basis while enjoying rigorous protection. Circular migration is a way of serving the labour market needs of destination countries, promoting development in countries of origin and benefiting the migrants themselves, so we can say that it is a “triple win”. — The Conversation. *About the interviewee: Aly Tandian is associate professor in sociology at Gaston Berger University in Senegal. Germany new migration policy could take away vital talent from African countries Germany has announced a project for migrant centres in five African countries which would offer a select category of Africans the possibility of settling on its soil. The Conversation Africa’s Assane Diagne spoke to sociologist Aly Tandian about the significance of this decision. Why is Germany considering bringing skilled labour into the country and how does it propose to do so? In Germany, the policy of bringing in skilled labour has grown in recent years through a “welcoming culture”. This has greatly facilitated the arrival and, above all, the integration of many migrants. For instance, Germany welcomed nearly one million refugees during the Syrian crisis in 2015. This motivated the award of the Nansen Prize of the United Nations High Commissioner for Refugees to Chancellor Angela Merkel. The suggested centres would ease rules for skilled foreign workers even further. However, the reception of these migrants is far from being motivated by simple humanitarian reasons. In Germany, as in many other European countries, immigration provides solutions to demographic and economic problems. It can help balance an ageing society and finance the pension system, as well as compensate for the current shortage of skilled workers. The need for skilled workers is so great that Germany has adopted several new reception policies. The new fast-track procedure that’s being proposed for skilled labour essentially simplifies the recruitment of qualified foreign workers. It allows employers to apply for recognition of foreign qualifications in order to facilitate the visa application of a worker being recruited. To get the visa the qualified worker must then present a work contract or a concrete job offer. The country’s Federal Employment Agency will no longer check whether the candidate is from Germany or the EU for the specific position. What are the implications of such policies? Recently, the German development minister, Svenja Schulze, German Development Minister Svenja Schulze (centre, in white T-shirt) visited a market where the mountains of secondhand clothes that arrive in Ghana from abroad cause difficulties for local manufacturers.
NewsHawks Page 45 Issue 121, 3 March 2023 Reframing Issues PEARL MATIBE On 21 February, a new piece of legislation was introduced in the United States Congress — in the House of Representatives — by Representative John James, a Congressman from the state of Michigan, which, if passed, would make the US mandated to take a stand against South Africa. The Bill – House Resolution 145 (referred to as HR145) — in the 118th Congress, denounces South Africa’s naval Exercise Mosi II with China and Russia. The Bill is “Opposing the Republic of South Africa’s hosting of military exercises with the People’s Republic of China and the Russian Federation and calling on the Biden administration to conduct a thorough review of the United States-South Africa relationship.” The progress this legislation has made, so far, in moving through the legislative process, is that it has been introduced and has now been referred to the House Committee on Foreign Affairs. It is sponsored by the Republican Congressman, John James. It has five additional Republican lawmakers who are also backing the Bill; Representatives Christopher H Smith, of New Jersey, Thomas H Kean, of New Jersey, Cory Mills, of Florida, James R Baird, of Indiana, and Young Kim, of California. No legislator from the Democratic Party has yet shown support for the Bill. China, Russia, Ukraine, and the United States all have a history with South Africa which date back decades and have resulted in numerous land, sea and air exercises, but none has been as controversial as Mosi II, as it coincided with the first anniversary of Russia’s invasion of Ukraine. That South Africa decided to go ahead with the exercise has caused a storm of controversy, especially as South Africa has declined some US-led exercises. “Invitations to participate in exercises Obangame Express 23 and Cutlass Express 23 were extended to South Africa,” Rear Admiral Chase Patrick, director of Maritime Headquarters at US Naval Forces Europe-Africa, at the US Sixth Fleet confirmed. Patrick told defenceWeb, “We cannot comment on any nation’s decision to participate. However, we understand that each of our partners must balance their own long-planned schedules when considering the timing of participation. We also consciously do not put our partners in the position to choose between the United States and other nations when determining the best way to protect their territorial waters or maritime interests. Our goal remains focused on supporting US Republican lawmakers launch bill denouncing South Africa’s naval exercises with China and Russia African-led solutions to these transnational maritime issues.” The introduction of HR145, shows some Republican lawmakers hold a different view, standing for their constituents. HR145’s “document reads more like an act of desperation and act of coercion trying to redirect South Africa’s position towards Ukraine and South Africa’s position towards Russia,” said Jasmine Opperman, an independent security expert on Africa. What is more, from her perspective, the Resolution reads as though the US is trying to strongarm South Africa. Opperman said, “Sadly, though, it’s prescriptive nature. Herein lies the problem for the United States. These resolutions will simply [have a] more firm stance by the South African government on its current position, and it will not in any way, redirect its position [to be] more inclined to what the United States wants.” HR145 “opposes South Africa’s decision to host military exercises with the People’s Republic of China and the Russian Federation from February 17 to February 24, 2023; calls on the Government of South Africa to — cancel all future military exercises with the People’s Republic of China and Russia and rejoin United States-led exercises, such as the Cutlass Express; respect the United Nations charter and publicly oppose Russia’s unjustified and unprovoked invasion of Ukraine; strengthen its political resilience to reject the Chinese Communist Party’s authoritarian vision for South Africa; and maintain its national sovereignty by reducing its reliance on Chinese companies in key sectors such as information and communication technology,” amongst others. It is unlikely that Resolution HR145 will pass, especially as it has been sponsored by junior representatives who have little influence in the House of Representatives. But, sources told Daily Maverick that the resolution shows the US believes South Africa is no longer non-aligned and has chosen Russia’s side. A new bill is expected to come before Congress to designate Russia as a State Sponsor of Terrorism, which would have profound implications for Russia’s partners like South Africa. Dean Macpherson, Democratic Alliance Shadow Minister of Trade, Industry and Competition, said the opposition party is deeply concerned about resolution HR145 as “a result of the South African government’s decision to hold joint military exercises with the Russian Federation and its refusal to condemn Russia’s unjustified and unprovoked invasion of Ukraine in the UN General Assembly. “The actions of the ANC are resulting in an increasingly tense relationship with the United States. This is confirmed by the Resolution calling on the Biden Administration to ‘conduct a thorough review of the current and future status of the United States-South Africa bilateral relationship’. The DA is concerned that this resolution may also place the benefits which South Africa receives from the African Growth and Opportunity Act (AGOA) at risk. “AGOA provides duty and quota-free access to many products South Africa exports to the United States. In 2021, South African AGOA exports were valued at R2.7 billion. The agreement therefore serves as a significant boost to our local economy and a vital lifeline for many of our most vulnerable and developing industries. Worryingly, this resolution calls on the United States Government to provide Congress with a detailed account of the economic benefits South Africa derives from its inclusion in AGOA. This suggests that the United States Congress is considering the possible removal of the South Africa from the ambit of AGOA.” Macpherson stated that, “it is clear that the ANC is more concerned with maintaining good relations with Russia than doing what is in the best interests of the South African people and international relations generally. As a result, the DA will be doing everything in our power to prevent the further decimation of the South African economy at the hands of outdated ANC ideology.” Steven Gruzd, head of Africa-Russia Project and African Governance and Diplomacy Programme at the SA Institute of International Affairs, is reported by IOL as saying that Resolution HR145 could backfire and draw South Africa closer to Russia and China. “Europeans are also not happy. South Africa is taking a risk through these exercises. It may get away with it, but may also face some sort of trade or investment retaliation. The timing is not advantageous to South Africa. The world’s attention will be drawn to these drills on the very anniversary of the Russian invasion. It seems insensitive at least, and provocative at best.” Exercise Mosi II took place from 17 to 27 February off Richards Bay and Durban, with the sea phase taking part between 25 and 27 February. The Russian Ministry of Defence stated that “The participants practised forming a multinational squadron of warships, joint tactical manoeuvring in different ranks and battle orders, and mine defence tasks during a sea crossing with firing at a target simulating a buoyant mine in the three-day exercises.” Russian, Chinese and South African warships conducted artillery firing at a mock naval target, trained to free a captured ship with hostages, assist a ship in distress at sea and personnel afloat. A number of exercises on the board of the Russian frigate Admiral Gorshkov involved a Ka-27 ship-based helicopter. Russia was represented at the exercises by Admiral Gorshkov frigate and the Northern Fleet medium-sized tanker Kama. Chinese Navy was represented by Rizhao frigate, Huainan destroyer and the logistics vessel Kekesilihu, while the South African Navy was represented by Mandi frigate. *About the writer: Pearl Matibe is a Washington, DC-based foreign correspondent, and media commentator with expertise on US foreign policy and international security. You may follow her on Twitter: @PearlMatibe The Russian frigate Admiral Gorshkov, left, and the Chinese frigate Rizhao 598, berthed in Richards Bay on 22 February 2023 ahead of naval drills between Russia, South Africa and China. (Photo: Waldo Swiegers / Bloomberg via Getty Images)
Page 46 Africa News OLAYINKA OLAGBILE BOLA Ahmed Tinubu, of the ruling All Progressives Congress in Nigeria, has been declared winner of the country’s keenly contested presidential election. The 70-year-old former governor of Lagos State and Nigeria’s political kingmaker will inherit a Nigeria that is faced with a fractured polity, national security threats and economic challenges including skyrocketing cost of living. Tinubu polled 36% of the 24 965 218 votes cast in the 25 February presidential election whose outcome is being disputed by his closest rivals. To emerge as Nigeria’s President, section 134 of the constitution states that a presidential candidate must score the highest number of votes cast at the election. In addition, the candidate must also score at least a quarter of the votes cast in each of at least 25 states in the Federation including the Federal Capital Territory. Tinubu met this requirement. His closest rivals Atiku Abubakar of the Peoples Democratic Party got 29% and the Labour Party’s Peter Obi got 25% of the votes cast. Both parties had earlier described the poll as a sham and demanded a cancellation. The PDP and Labour Party protested the inability of the Independent National Electoral Commission, INEC, to upload the Presidential election results, from each of the 176 606 polling units, on an electronic portal accessible to all citizens as earlier promised. The electoral commission blamed its failure to upload the results on failing internet network across the country. Tinubu’s campaign was largely based on his record as governor of Lagos state, Nigeria’s commercial capital. He was, however, defeated in Lagos by Obi, a former governor of Anambra State, southeast Nigeria. Obi’s relatively unknown Labour Party galvanised the interest of young, urban dwellers and took the country’s two-party system to task in the 2023 presidential election. Nigeria has the largest population of youth in the world, with a median age of 18.1 years. About 70% of the population are under 30, and 42% are under the age of 15. The youth are often left with the shorter end of the stick when it comes to governance and economic indices. Outside of Lagos, Tinubu won most other states in his home region of the south-west. He also secured the constitutional requirement of scoring at least 25% of votes cast in 24 states of the federation. Widely believed to be the political kingmaker responsible for the emergence of President Muhammadu Buhari in 2015, Tinubu is loved and loathed in almost equal measures. His admirers describe him as Nigeria’s number one political strategist, a technocrat, an astute administrator, a talent spotter and nurturer. They give him credit for the recent development of Lagos, Nigeria’s commercial capital. Bola Ahmed Tinubu: Kingmaker is now Nigeria’s president-elect Critics see a different Tinubu. They point to controversies surrounding his age, parental ancestry, educational background and health. Allegations of corruption have lingered though he has been tried and acquitted. As an academic and journalist who has reported Nigeria’s politics for more than three decades, I offer my assessment here of Tinubu. Tinubu’s political rise Tinubu came into national prominence during Nigeria’s ill-fated Third Republic (1985-1992), when a National Assembly existed along with a military president, General Ibrahim Badamosi Babangida. Under the quasi-democratic arrangement of that time, Tinubu was a member of the Nigerian Senate when Babangida annulled the results of the 1993 presidential election. The winner was believed to be the charismatic business mogul Moshood Kashimawo Olawale Abiola. Tinubu’s fight to re-validate that election was what brought him into national political consciousness. He openly opposed the annulment and worked to restore democracy in Nigeria. He and others became targets of military elimination and he had to flee abroad. Tinubu coordinated and largely funded the campaign for democracy in Nigeria from exile. At the dawn of the return to democracy in 1999, Tinubu emerged as the governor of Lagos State, the country’s commercial capital. Governor of Lagos In his eight years as governor (1999- 2007), Lagos State introduced reforms in revenue generation, the judiciary, security, infrastructural development and other sectors. But his time in office was dominated by a long battle with the federal government over his decision to create new local governments in Lagos. This angered the President Olusegun Obasanjo led federal government which took the decision to withhold the monthly federal allocation that was due to the state. Until then, no state in the country was thought to be capable of surviving without monthly federal allocations. Tinubu was able to raise the state’s internal revenue, which sustained it through that period. Since then, Lagos has kept increasing its capacity to fund itself. In 2022, only six of Nigeria’s 36 states were capable of surviving independently. Tinubu was the only governor, out of six, in the south-west region of Nigeria who won re-election in 2003 on the platform of the then opposition party, Alliance for Democracy. The other five governors all lost their second term bid to opponents fielded by the ruling Peoples Democratic Party under then president Olusegun Obasanjo. Tinubu is believed to have won due to his popularity among Lagos voters. He has remained influential in the state and is popularly described as the godfather of Lagos politics, having played a substantial role in the emergence of his successors as Lagos governor. Bridge builder and nurturer of talent Tinubu is often described by his admirers as a political bridge builder. Nigeria’s President-elect Bola Ahmed Tinubu He is reputed to be able to spot and nurture talent. Many of those he has spotted have become high performers in Nigeria’s politics and governance. For instance, he appointed Nigeria’s current vice-president, Yemi Osinbajo, a law academic, as attorney general and commissioner for justice in Lagos State. In 2015, he nominated Osinbajo as vice-president to Buhari. Tinubu has also been instrumental in the emergence of many ministers and special advisers in the Buhari’s cabinet, former and current members of the National Assembly, and former and current state governors who were his aides and political followers. The controversial Tinubu Controversies around Tinubu’s parental origin and academic credentials were obstacles to his bid for votes. In Nigerian politics, identity issues such as family and ancestral lineage often play a key role in how candidates are assessed. The late Alhaja Abibat Mogaji, the powerful leader of the association of market traders who had the title of Iyaloja General of Lagos and Nigeria, was widely acknowledged as Tinubu’s mother. She died in 2013, aged 96. But critics insist that she could not have been his biological mother. They argue that Tinubu has a different identity from what is in the public domain. His family has countered such rumours. His age is another source of dispute. Tinubu says he is 70. His critics say he is probably older than that. His critics also insist that he is unhealthy and unfit to be president, a claim he and his supporters have refuted. Allegations of corruption have clung to him over the years. He has never been convicted. Under former president Goodluck Jonathan, he was charged before the Code of Conduct Tribunal but acquitted. This was a boost for his image. His supporters argue that if he was truly corrupt, he would have been convicted, especially since he was an opposition politician. The kingmaker is President-elect In 2015, Tinubu led a political movement that gave birth to the All Progressives Congress party, a coalition of opposition parties that eventually defeated the Peoples Democratic Party at the presidential poll. It was the first time since 1999, when Nigeria returned to democratic rule, that a ruling party and sitting president had lost an election. Tinubu is widely believed to be the political kingmaker responsible for Buhari’s success in 2015. He is also believed to have supported Buhari in his second term bid in 2019. Now, he has emerged as President-elect and successor to President Buhari whose tenure officially ends on 29 May. — The Conversation. *About the writer: Olayinka Oyegbile is a journalist and communications scholar at Trinity University in Nigeria. NewsHawks Issue 121, 3 March 2023
Africa News Page 47 MARIAN SELORM SAPAH IT is hard for many of us to imagine a world without instant, limitless internet access. Some have even argued that it should, alongside access to clean water and electricity, be considered a basic human right. But in fact only 64.4% of the global population as of January 2023 are internet users. Asia and Europe are home to most of the people who are connected. Africa comes in third. However, accessibility varies wildly across the continent. About 66% of people in southern Africa are internet users. In east Africa the figure is 26%; it is just 24% in central Africa. People in rural areas have far less access than those in the continent’s urban areas. Internet access opens up the world in many ways. It can entertain, educate, enable payments and even bolster democracy. That’s why advances in providing internet access to people in Africa are worth celebrating. In January 2023, the US company SpaceX, which manufactures and launches spacecraft and communication satellites, announced that its Starlink service was available in Nigeria. This was a first for the continent. It has also since become available in Rwanda. Starlink is a satellite-based internet service. It is set to be rolled out elsewhere on the continent, including the Democratic Republic of Congo (DRC), Kenya and Tanzania, later this year. More coverage is to come in 2024. This could be an important way to fill Africa’s connectivity gaps, which have arisen because of poor digital infrastructure and the high costs of investing in fibre optic cables or mobile phone masts, particularly in rural and remote areas. The United Nations has a strategy for reaching universal access across Africa by 2030, but this won’t be possible without innovative approaches. Starlink is one such innovation. Since all its users are tapping into the same infrastructure, in space, there’s less need for erecting mobile phone masts or laying fibre optic cable on land. What is Starlink? Starlink is a network of thousands of satellites located close to the Earth — about 550km from the planet’s surface — that provide broadband internet access. Of course, satellites are already used for internet connectivity. But a traditional internet satellite is a single geostationary object; its position in orbit is fixed in relation to the Earth. These satellites are also located more than 35,000km from Starlink internet a gamechanger in Africa Earth, so it takes a long time for the signal to reach the end user. As anyone who has tried to use the internet in a remote area knows, the further a signal travels, the worse it gets, so traditional internet satellites tend to be slow and can be unreliable. They aren’t able to adequately support activities like live streaming, online gaming and video calls. Starlink’s Low-Earth Orbit satellites are able to interconnect and relay signals between each other, creating fast, stable internet service. There are also a lot of them: on 17 February 2023, SpaceX said it had launched 3 981 satellites in total, with 3 639 currently operational. The company can launch its own satellites on demand and update them with the latest technology as required, which it says adds to their reliability. Much of Africa’s internet access is currently being provided through mobile, wireless internet – signals are relayed from landbased towers. This has less coverage and is slower than satellite internet access. One area of concern when it comes to Starlink is the cost. For example, at the beginning of February 2023, FiberOne, a broadband internet provider in Nigeria, was providing internet with speeds of up to 500Mbps, which is fast. The installation fee was N32 231 (about US$70) and the monthly subscription cost around N100 000 (US$220). Starlink in Nigeria, meanwhile, costs about N276 000 (US$599) once-off for the kit and installation, then charges a monthly subscription fee of about N198 000 (US$43). Starlink is cheaper in the long term than both fibre optic and mobile internet providers. But can an average rural Nigerian household with a monthly income of less than N28 000 (US$60) afford it? Given that average incomes are similarly low in most rural and remote parts of Africa, there’s a risk that Starlink’s targeted users on the continent won’t be able to use the service. Research uses These concerns aside, there’s no doubt that faster internet can propel Africa forward. Despite the shortcomings of mobile, wireless internet, it has been credited with greatly advancing Africa technologically. Services like Starlink could fuel even greater growth in several areas. These include education, participation in democracy and governance, disaster risk reduction and mitigation, health, and agriculture. As a researcher in planetary and space science whose work includes, among other things, the use of satellite data for monitoring and modelling in relation to geology, I am especially interested in the ways these satellites could be used beyond internet access, for tasks like remote sensing and Earth observations. I hope that Starlink’s arrival in Africa will help usher the continent into a new phase of technological development. For example, satellite images can give information on crop yield, helping farmers to make better decisions on irrigation, fertilisation and harvesting. They also allow for widespread and effective monitoring of reservoir levels, as well as increasing transparency about how much water is available, thereby providing early warnings of shortages and uniform data among countries with common water sources. Governments, researchers and industries can buy access to specialised Starlink satellites called Swarm for data they need for these kinds of projects. The sheer number and speed of Starlink’s satellites means they can gather a lot of data, quickly, and offer frequent updates. Starlink’s arrival in Africa is a great opportunity for the continent’s scientists, governments and industries to collaborate. — The Conversation. *About the writer: Marian Selorm Sapah is a lecturer/research scientist at the University of Ghana. A batch of 60 Starlink test satellites stacked atop a Falcon 9 rocket, close to being put in orbit. Official SpaceX Photos - Starlink Mission / Wikimedia Commons (CC0). NewsHawks Issue 121, 3 March 2023
Page 48 World News NewsHawks Issue 121, 3 March 2023 BRUCE SCHNEIER/ BARATH RAGHAVAN CONGRESS is currently debating bills that would ban TikTok in the United States. We are here as technologists to tell you that this is a terrible idea and the side effects would be intolerable. Details matter. There are several ways Congress might ban TikTok, each with different efficacies and side effects. In the end, all the effective ones would destroy the free internet as we know it. There is no doubt that TikTok and ByteDance, the company that owns it, are shady. They, like most large corporations in China, operate at the pleasure of the Chinese government. They collect extreme levels of information about users. But they’re not alone: Many apps you use do the same, including Facebook and Instagram, along with seemingly innocuous apps that have no need for the data. Your data is bought and sold by data brokers you have never heard of who have few scruples about where the data ends up. They have digital dossiers on most people in the United States. If we want to address the real problem, we need to enact serious privacy laws, not security theater, to stop our data from being collected, analysed, and sold — by anyone. Such laws would protect us in the long term, and not just from the app of the week. They would also prevent data breaches and ransomware attacks from spilling our data out into the digital underworld, including hacker message boards and chat servers, hostile state actors, and outside hacker groups. And, most importantly, they would be compatible with our bedrock values of free speech and commerce, which Congress’s current strategies are not. At best, the TikTok ban considered by Congress would be ineffective; at worst, a ban would force us to either adopt China’s censorship technology or create our own equivalent. The simplest approach, advocated by some in Congress, would be to ban the TikTok app from the Apple and Google app stores. This would immediately stop new updates for current users and prevent new users from signing up. To be clear, this would not reach into phones and remove the app. Nor would it prevent Americans from installing TikTok on their phones; they would still be able to get it from sites outside of the United States. Android users have long been able to use alternative app repositories. Apple maintains a tighter control over what apps are allowed on its phones, so users would have to “jailbreak” — or manually remove restrictions from Why the US should not ban TikTok — their devices to install TikTok. Even if app access were no longer an option, TikTok would still be available more broadly. It is currently, and would still be, accessible from browsers, whether on a phone or a laptop. As long as the TikTok website is hosted on servers outside of the United States, the ban would not affect browser access. Alternatively, Congress might take a financial approach and ban US companies from doing business with ByteDance. Then-President Donald Trump tried this in 2020, but it was blocked by the courts and rescinded by President Joe Biden a year later. This would shut off access to TikTok in app stores and also cut ByteDance off from the resources it needs to run TikTok. US cloud-computing and content-distribution networks would no longer distribute TikTok videos, collect user data, or run analytics. US advertisers — and this is critical — could no longer fork over dollars to ByteDance in the hopes of getting a few seconds of a user’s attention. TikTok, for all practical purposes, would cease to be a business in the United States. But Americans would still be able to access TikTok through the loopholes discussed above. And they will: TikTok is one of the most popular apps ever made; about 70% of young people use it. There would be enormous demand for workarounds. ByteDance could choose to move its US-centric services right over the border to Canada, still within reach of American users. Videos would load slightly slower, but for today’s TikTok users, it would probably be acceptable. Without U.S. advertisers ByteDance wouldn’t make much money, but it has operated at a loss for many years, so this wouldn’t be its death knell. Finally, an even more restrictive approach Congress might take is actually the most dangerous: dangerous to Americans, not to TikTok. Congress might ban the use of TikTok by anyone in the United States. The Trump executive order would likely have had this effect, were it allowed to take effect. It required that US companies not engage in any sort of transaction with TikTok and prohibited circumventing the ban. . If the same restrictions were enacted by Congress instead, such a policy would leave business or technical implementation details to US companies, enforced through a variety of law enforcement agencies. This would be an enormous change in how the internet works in the United States. Unlike authoritarian states such as China, the US has a free, uncensored internet. We have no technical ability to ban sites the government does not like. Ironically, a blanket ban on the use of TikTok would necessitate a national firewall, like the one China currently has, to spy on and censor Americans’ access to the internet. Or, at the least, authoritarian government powers like India’s, which could force internet service providers to censor internet traffic. Worse still, the main vendors of this censorship technology are in those authoritarian states. China, for example, sells its firewall technology to other censorship-loving autocracies such as Iran and Cuba. All of these proposed solutions raise constitutional issues as well. The First Amendment protects speech and assembly. For example, the recently introduced Buck-Hawley bill, which instructs the president to use emergency powers to ban TikTok, might threaten separation of powers and may be relying on the same mechanisms used by Trump and stopped by the court. (Those specific emergency powers, provided by the International Emergency Economic Powers Act, have a specific exemption for communications services.) And individual states trying to beat Congress to the punch in regulating TikTok or social media generally might violate the Constitution’s Commerce Clause — which restricts individual states from regulating interstate commerce — in doing so. Right now, there is nothing to stop Americans’ data from ending up overseas. We have seen plenty of instances — from Zoom to Clubhouse to others — where data about Americans collected by US companies ends up in China, not by accident but because of how those companies managed their data. And the Chinese government regularly steals data from US organisations for its own use: Equifax, Marriott Hotels, and the Office of Personnel Management are examples. If we want to get serious about protecting national security, we have to get serious about data privacy. Today, data surveillance is the business model of the internet. Our personal lives have turned into data; it is not possible to block it at our national borders. Our data has no nationality, no cost to copy, and, currently, little legal protection. Like water, it finds every crack and flows to every low place. TikTok will not be the last app or service from abroad that becomes popular, and it is distressingly ordinary in terms of how much it spies on us. Personal privacy is now a matter of national security. That needs to be part of any debate about banning TikTok. — Foreign Policy. *About the writers: Bruce Schneier is a security technologist and lecturer at the Harvard Kennedy School in the United States. His latest book is A Hacker’s Mind: How the Powerful Bend Society’s Rules, and How to Bend them Back. Barath Raghavan is a professor of computer science at the University of Southern California in the US.
NewsHawks Book Review Page 49 Issue 121, 3 March 2023 Mutambara lays bare GNU-era dynamics BREZH MALABA I was assiduously trawling the well-stocked shelves at a branch of Exclusive Books at Cape Town International Airport in South Africa when I received a digital manuscript of Professor Arthur Mutambara's new book which he intends to publish soon. I had already decided on buying two books: Tsitsi Dangarembga's defiant 2022 monograph Black and Female and Wole Soyinka's first novel since 1973, Chronicles from the Land of the Happiest People on Earth. Mutambara's manuscript, titled Ideas and Solutions: Deputy Prime Minister and Beyond, has jumped to the front of my reading list — and it rightly deserves the slot. It is the third book in an autobiographical trilogy on thought leadership. Having read the opening two books in the series, I was curious to find out what Volume III had in store. Politicians in Zimbabwe seldom write books on their experiences in public office. This unfortunate state of affairs has often stymied well-informed public discourse, hampered the documenting of first-hand accounts of crucial events and processes in Zimbabwe's political history, and created room for untested hagiographies that are of no value to citizens. Mutambara's new book — covering the years from 2009 to 2022 — is not only useful but also comes at an opportune moment in the post-Mugabe era. Mutambara became Deputy Prime Minister at 42, a relatively young age in a country where the ruling party’s youth league is routinely led by politicians in their 50s and 60s. In that lofty position as one of the principals of the power-sharing Government of National Unity (GNU) which subsisted from 2009 to 2013, Mutambara found himself face-to-face with President Robert Mugabe, a wily schemer whose repressive state apparatus had previously sought to crush him during his days as a fiery student leader and later an opposition agitator. The book brings to the fore some fascinating detail on the different shades of Mugabe: the Machiavellian operator; the authoritarian strongman; the doting father; the vulnerable dictator; and yesterday's man. Autobiographical tomes tend to be subjective write-ups, shaped by an author's personal perspective and world view. But such strictures do not hamper Mutambara. Through his considerable intellectual resources and polemical gifts, he manages to weave a compelling narrative on matters of statecraft. The GNU years were intriguing. Belonging to neither the ruling Zanu PF nor the main opposition MDC, Mutambara was uniquely positioned. He was largely viewed with mistrust by basically everyone in the polity — even his relationship with his own party was fraught with immense difficulties. But it is precisely in this unencumbered role as a young technocrat, a rising political star and an intellectual of considerable gravitas that he provides the unique lens through which we can scrutinise Zimbabwe. For example, one of the most puzzling aspects of the GNU is how Mugabe ran rings around the opposition and deftly quashed demands for far-reaching political and economic reforms. The key deliverable of the power-sharing government was supposed to be the implementation of a raft of genuine reforms leading to a credible and undisputed national election. This was not achieved, despite the memorable spectacle of opposition leaders enjoying tea with Mugabe at State House every Monday. The court of public opinion says the mercurial Mugabe — deploying guile and sleight of hand honed over decades — dribbled past the opposition leaders and firmed his iron-clad grip on power. Mutambara's book confirms that Morgan Tsvangirai, leader of the main opposition MDC and Prime Minister in the GNU, lacked the requisite leadership toolbox that would have enabled him to navigate his way through the treacherous political chessboard at national level. However, Mutambara appears to downplay Tsvangirai's contribution to what had been envisaged to be Zimbabwe’s transition to democracy, while hyping up his own role as Deputy Prime Minister. What Mutambara is not alive to is that although many commentators cite Tsvangirai's socalled modest intellect as a fatal flaw, such a personality attribute was, by far, less ruinous than Mugabe's much-vaunted divide-and-conquer politics. This perhaps explains why a large number of voters in the 2008 general election easily chose Tsvangirai over Mugabe. Many Zimbabweans consider Joshua Nkomo and Morgan Tsvangirai as the best presidents the country never had. Mutambara's insights in this new book will enrich that debate. A good book sparks debate; this is how ideas are formulated and refined. It has to be mentioned, though, that Mutambara has his own limitations and blind spots. His narrative on the political dynamics of the power-sharing government is profoundly captivating, but it is hampered by what seems to be his limited access to information on the intricate workings of the deep state run by the notoriously powerful and unaccountable securocratic cabal who literally call the shots in Zimbabwe. The full story of Zimbabwe's GNU era is yet to be told. For this reason, many scholars, journalists and citizens in general will be salivating at the prospect of reading Mutambara's new book. It was Nietzsche who famously said: "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you." Today, we might add: The opposition must be careful when working closely with a cunning dictator; he may not only neutralise dissenters but also charm them through sheer guile. A "monster" in this case is not necessarily a literal ogre; it can be a false belief, dogmatic ideology or philosophical missteps. And Mugabe had no shortage of those. A close reading of Mutambara's book provides a startling reminder that Mugabe — far from being the glorified uber-mensch of African liberation — turned out to be yet another archetypal authoritarian ruler who presided over the plunder and destruction of a once-promising country. He rose to power on an anti-colonial platform, but proceeded to brutalise and terrorise citizens in independent Zimbabwe, slaughtering thousands and ruining livelihoods. Mutambara's autobiography underlines the importance of a simple formula for national prosperity: Meritocracy plus Pragmatism plus Honesty. It worked for Singapore and it can work for Zimbabwe. One of the central planks of Mutambara's personal brand is that of "a man of ideas". His journey has been remarkable. On account of academic merit, he finds himself at the University of Zimbabwe, Oxford University in Britain and the Massachusetts Institute of Technology in the United States. There is, in fact, no harm in taking some thoughtfully selected Western or Eastern economic, political and cultural ideas and "domesticating" them for our African setting. As the Canadian philosopher Andy Lamey has succinctly observed elsewhere: "What matters is not where an intellectual or artistic framework comes from, but how it might be used alongside indigenous ones to meet the needs of formerly colonised peoples." Mutambara's track record as a leading scientist and public intellectual evinces a man who takes seriously the importance of defending African agency. One gets the distinct feeling that although Mutambara's feet are firmly anchored on African soil, his vision for a better Zimbabwe and a winning Africa is inspired by a cosmopolitan grasp of statecraft. We must not be afraid of dreaming — otherwise how else do we wake up from Africa's prolonged existential nightmare? Mutambara's new book has jumped the queue on my 2023 reading list — and I am delighted. *About the reviewer: Brezh Malaba is a journalist based in Harare. He is assistant editor and co-founder of The NewsHawks, Zimbabwe’s leading digital investigative journalism and breaking news publication. @BrezhMalaba Professor Arthur Mutambara
Chiwoniso Kaitano to lead MacDowell Artist Residency programme JONATHAN MBIRIYAMVEKA ZIMDANCEHALL singer Silent Killer has waded into the drugs debate in the country, taking a rather blunt take on the matter. Since bursting into the music scene as a promising artiste, Silent Killer has done remarkably well to steer clear of controversy in an effort to bury a bad past, and act as a role model to his youthful fan-base. His genre of music is generally followed by fans prone to the abuse of drugs, because most of the faithful relate to the singers’ difficult upbringing. Silent Killer, however, is not afraid to disappoint his band of fans. No to drugs! This is despite himself having been addicted to drugs at some point in his life, a very brave revelation indeed by somebody in the public spotlight. Born Jimmy Mudereri, Silent Killer appeared on The After Drive Show with Owen Madondo on Star FM this week, admitting to substance abuse at a low point in his life. Corruption, though, is the driving force behind the prevalent drug scourge in the country, according to Silent Killer. “There is a lot of corruption going on at the borders so much that drugs are being smuggled into the country,” he said. “There is need to ensure the authorities deal with corruption first then they stop drug trafficking. If you look at the drugs that are coming into the country, there is no way one can manufacture them. So it means corruption is aiding drug trafficking and we are just [off loaders] consumers. They [drug lords] upload and download [smuggle drugs]. The moment corruption is stopped, then the war on drugs will be over.” Mbare native Silent Killer also blamed rampant joblessness for the alarming levels of drug abuse among youths. “It is because of the situation we find ourselves in; you wake up one day and there is nothing to do and at times it is because of peer pressure,” he explained. Asked if he would want to become a security officer to help curb the trafficking, Silent Killer replied: “I believe there are qualified people for that because I am an artiste.” Silent Killer rose to fame in 2016 when he released his club banger, Locker Mastreets. Known for his wordplay and lewd lyrics, the Mulundukwa singer said he was into explicit lyrics because that is what his fans enjoy. “I have a whole gospel album called Ghetto Gospel, but the problem none of those songs are being played on air. “One thing is for sure people want the same songs that you are saying are vulgar or lewd,” he said. When asked who he wanted to collaborate with, Silent Killer said he preferred Mai Charamba and Jah Prayzah. A below-average student at school, Silent Killer said although he flunked his Ordinary Levels he was happy to pursue his dream. “When Locker Mastreets blew, it was my dream come true and it was enough to convince people and my dad for the first time he played my music in his car. “Music is all I do and if you see some musicians doing other things it means they’re in a wrong profession,” he said. Silent Killer has just released his 41-track album titled Hurungwere laden with explicit content. It remains to be seen how this new project will fare on the market. STYLE TRAVEL BOOKS ARTS MOTORING Porsche just got angrier Being a Fashion Model Life&Style Page 50 Issue 121, 3 March 2023 Stop corruption first then drugs, says Silent Killer Silent Killer MACDOWELL, one of the most prestigious and oldest artist residency programmes in the United States, on 24 February announced the appointment of Chiwoniso Kaitano as its next executive director. The Zimbabwe-born Kaitano was previously the executive director of Girl Be Heard, a non-governmental organisation that advocates social change through theatre and the performing arts. She will arrive at the Peterborough, New Hampshire, residency in mid-March, taking over from interim director Philip Himberg. David Macy will remain as resident director. Kaitano was selected following a wide-ranging search. “Chi’s expertise, energetic and collaborative methods of engagement, and inspiring leadership qualities proved irresistible,” said MacDowell board chair Neil Painter in a statement. “This change in MacDowell’s leadership follows an intense period of inquiry and innovation throughout the [Covid-19] pandemic and recent social justice movements,” said MacDowell board president Andrew M. Senchak. Senchak pointed to MacDowell’s decision to drop the word “Colony” from its name in the wake of the 2020 murder by police of George Floyd as the organisation’s board and staff worked to “examine our values and our governance, to strengthen and democratise our policies, procedures, and programme.” “I look forward to working with the board and staff to sustain and grow funding and to build upon the extraordinary vision for artist support that Edward and Marian MacDowell articulated when they welcomed the first artists-in-residence,” said Kaitano. “Imagining and joyfully meeting the ever-evolving needs of contemporary artists is how MacDowell can and will continue to be a pioneering champion for the value of the arts in our society.” MacDowell was founded in 1907 by composer Edward MacDowell and musician and philanthropist Marian MacDowell. The residency has hosted more than 8 800 fellows across seven disciplines: writing, architecture, composition, film, theater, visual art, and interdisciplinary art. — artforum.