The Zimbabwe Liberation Veterans Forum recently shared with us their passionate letter to the GPA principals.  It reads, in part:

The current approach by the inclusive government is like getting to a point only a kilometre away by setting off in the opposite direction in the belief that since the world is round, we will get there anywhere, whenever; but at what cost in terms of resources, time and human suffering?

To us, the inclusive government should have been strictly a transitional arrangement, a means to a definite end i.e. the establishment of a legitimate government based on consent. That route can only be paved by addressing the attendant challenges to a credible electoral process and the acceptance of its outcome as inviolate popular will. We contend that this approach will lead, not only to the sustainable resolution of the political impasse but to the amelioration of the economic, social and humanitarian havoc as well and bring about lasting stability that is conducive to social prosperity and development. Taking the constitutional route as at present, only serves to accentuate political tension, destabilise the body politic and polarise the country before the shock absorbers of a stable and legitimate government are in place. In any case, given the best will, the outcome of the constitution debate would be another example of exclusionary elite pacting through bipartisan compromise; a far cry from a people driven product that should guide Zimbabwe for generations to come.

To this end, we hold that the road map to free, fair, transparent and popular elections should focus on addressing the glaring impediments to credible elections as the uttermost priority. We therefore call on the parties to the GPA to shift and realign their focus to this political imperative.

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We’ve just received the latest report from the Research and Advocacy Unit, entitled Challenging Zimbabwe’s bloated executive.

The report discusses the fact that Zimbabwe has more Ministers than it is actually Constitutionally allowed to have. This has been the case since the swearing in of the inclusive government cabinet on 13 February 2009, but it has recently come back into public discussion. According to RAU, “on 7 May, Zimbabwean citizen and civil society activist Moven Kufa filed papers in the High Court challenging the constitutionality of the appointment of the extra Ministers.”

However, this court application has been largely ignored by the Zimbabwean media, both state and local.

The response of the MDC itself to the case – Morgan Tsvangirai is one of the respondents, in his capacity as Prime Minister – has exhibited a worrying lack of seriousness for a party that paints itself as the “rule of law party.” The report comments:

The Ministers cited as Respondents to the Application have not filed any opposing papers. The President, Robert Mugabe, and Prime Minister, Morgan Tsvangirai are cited as the 1st and 2nd Respondents in addition to the Respondent Ministers. In a further irony, these two Respondents have not attested to any opposing affidavits. That task has been left to the Attorney-General who claims in his opposing papers to have the authority of both Respondents to attest an affidavit on their behalf and that he is constitutionally empowered to do so. So the very individual whose appointment is so hotly contested by Tsvangirai, Johannes Tomana, is now engaged by Tsvangirai to oppose what is stated as an attempt to compel compliance with the rule of law and the Constitution.

This situation becomes even more remarkable when one considers that the arguments advanced in the opposing affidavit by Tomana are, legally speaking, those of Tsvangirai and Mugabe. Supporters of Tsvangirai may then be astounded to learn what those arguments are and that Tsvangirai is prepared to be not merely associated with then, but to allow them to be advanced on his behalf.

Tomana, and thus Mugabe and Tsvangirai, contend that Moven Kufa is not entitled to bring the Application at all, as there has been no violation of his rights set out in the Declaration of Rights in the Constitution. They claim that Kufa has no legal right to complain that neither Mugabe nor Tsvangirai complied with the provisions of the Constitution when the appointments were made. Only parliament can do that, they claim. Parliament does indeed have the power to impeach the President for breaches of the Constitution. However, such impeachment requires a two-thirds majority of parliament in favour to succeed. Accordingly, if the contention of Tomana, Tsvangirai and Mugabe is correct, Tsvangirai and Mugabe are free to ignore the provisions of the constitution so long as two-thirds of the members of parliament or more do not object to these violations.

Read more about the case, its arguments, merits and challenges here.

We were recently sent this photograph of the Bling Bus, which has been ferrying the Zimafia – Zimbabwe’s Worst Eleven team around South Africa during the World Cup.

According to the Zimafia website:

The star players in the ZIMafia team comprise Zimbabwe’s illegitimate and unelected Joint Operations Command (JOC) – a group of military and strategic commanders who maintain the oppressive structure set up by Ian Smith’s racist government 30 years ago under a State of Emergency.

This Nation-Beating (literally) team are the ‘real’ rulers of Zimbabwe, the ones who have sworn never to give up power, and the ones who have committed the worst crimes. All are experts in abduction, intimidation, torture and political murder.

Now they are in control of a multi-billion dollar diamond strike with which they are  personally enriching themselves while purchasing arms and ammunition to use against the electorate, or each other – or any other force that challenges their right to loot in perpetuity.

Read more about their recent campaign in South Africa here

Social and political commentator Rejoice Ngwenya believes that the right to property ownership should be enshrined in Zimbabwe’s new Constitution. He writes:

Property ownership – whether it is land, trademarks, brand names, patents, and works of art or literature – needs title in order to realise real market value. Ownership is not just a historical fact of life, but also a right whose spinoffs go well beyond the individual. It is about self-confidence, wealth creation, identity, legacy, inheritance and economic growth.

Make property rights part of the Zimbabwe Constitution today. Let’s go down in history as being the first country in developing Africa to enshrine private property in the Bill of Rights. If you do not agree with my ideology, let’s talk about it!

What do you think? Leave a comment here or contact Rejoice directly on rngwenya [at] ymail [dot] com

After 37 nights in custody, diamond whistle-blower Farai Maguwu, director of the Centre for Research and Development, has finally been released on bail. According to VOA news,

Maguwu’s release comes just two days before members of the Kimberly Process and the World Diamond Council are to meet in St Petersburg, Russia, to discuss certification of diamonds from Marange. Kimberly members failed to reach consensus last month on certifying Marange gems amid allegations of human rights abuses.

Coincidence?

I just came across this Y&R Cape Town advert on MarkLives.

Farai Muguwu, director of the Centre for Research and Development, has been remanded in custody again – he’ll be looking at a good 45 days in jail at least before he is released. His crime? Investigating human rights abuses and corrupt dealings in the diamond fields of Marange.

We’ve recently updated our special index on Zimbabwe’s diamond fields, with reports from Global Witness and Partnership Africa Canada.

The Y&R advert advises people to insist on certification to protect themselves from dealing in blood diamonds. But as the PAC report worryingly points out:

The story of Zimbabwe’s contested diamond fields is also a story of how the Kimberley Process – the international initiative created to ensure that the trade in diamonds does not fund violence and civil war – has lost its way.

Zimbabwe is not the only country failing to meet some or all of the basic requirements asked of diamond producing nations by the Kimberley Process. A lack of political will and weak internal controls in the Democratic Republic of Congo, for example, allows for a steady flow of illegal diamonds onto the international market.

But Zimbabwe sets itself apart from the others because of the government’s brazen defiance of universally agreed principles of humanity and good governance expected of adherents to the Kimberley Process. As such Zimbabwe poses a serious crisis of credibility for the KP, whose impotence in the face of thuggery and illegality in Zimbabwe underscores a worrisome inability or unwillingness to enforce either the letter, or the spirit, of its founding mandate.