Often in Zimbabwe, its difficult to separate fact from fiction; this place can be one big rumour mill. However a woman I work with had a horrible experience last night. Because of the lack of rule of law together with a very unprofessional police force, we’re all left shaking our heads as to What To Do. We thought about getting hold of the MDC seeing as they have Mutsekwa as co-minister in Home Affairs but we’re pretty cynical about whether he’ll actually do anything (just look at the circus called the Beitbridge Border post). Still, we’ll give it a bash.

So, here’s a first hand account of her treatment at the hands of the Zimbabwe Republic Police:

I had a nasty incident with the cops last night, when I was driving home from dinner on my own.  10 officers pulled me over, just outside Borrowdale School, and 2 of them threatened me with a gun, saying I hadn’t listened to the order to pull over, despite the fact that I stopped a few meters away from where they flagged me down.  They said that they were going to take me to jail, and that I had a weapon (which was actually the car fire estinguisher).  I managed to remain cool, calm and very polite throughout; and they finally let me go after about 30 minutes of aggressive intimidation and harassment from their side.  I hear that similar incidents have happened to others recently; and recommend not to go that route on your own at night.

Corruption is a deplorable activity that haunts Zimbabwe across all walks of life. Corruption is spreading like a veldt fire and a tough stance by all stakeholders is well overdue. The African Parliamentary Network Against Corruption (APNAC) Zimbabwe chapter has taken it upon its shoulders to weather the storm by calling their first press conference to publicly express their denunciation of any form of corruption in the country.

Speaking at the conference, the Chairman for APNAC, Honourable Willas Madzimure, expressed concern that some public office bearers are busy enriching themselves at a time when the taxpayers are struggling to make ends meet. He called upon the President of Zimbabwe to quickly appoint the Anti Corruption Commission, which might help look into these issues. He also added that the Commission so assigned should promptly give feed feedback to the parliamentarians. Honourable Madzimure also called upon the government to implement the law that requires members of parliament and senior government officials to declare their assets to the state before assuming public office, stressing also that their accumulation of wealth should be put under public scrutiny.

Honourable Madzimure made it clear that Members of Parliament have the right to access any sector to find facts on behalf of the people whom they represent. His statement comes amid reports that the government barred MPs from the Mines and Energy portfolio committee from touring the Chiadzwa diamond fields on a fact-finding mission to understand the background to the allegations of corrupt dealings involving senior government officials.

APNAC expressed condemnation of the mis-allocation of residential stands, approval of substandard and incomplete infrastructure developments and abuse of council property including vehicles. He also expressed concern over the reports that councilors are allegedly allocating themselves houses belonging to the poor and on reports that illustrate corruption by high-level government official and influential business people. He called upon the police to desist from assuming a reluctant stance when handling corruption cases that involve government officials when they are reported.

Though the Honourable Madzimure did not mention any names, it was apparent that the APNAC criticism was directed at the council house scandal and the corruption that has entangled Minister Chombo and the flamboyant businessman, Chiyangwa, who boasts of owning almost a fifth of the city of Harare. The two men are alleged to have connived with top city officials to allocate themselves vast tracts of land. The case is still under police investigation, though a council report clearly pointed out anomalies in the manner in which land deals were undertaken.

Responding to the question whether APNAC is prepared to shoulder potential victimisation and dangerous consequences in their endeavor to combat corruption involving very powerful politicians, APNAC members stressed that they have sacrificially placed themselves on the persecution altar, for the cause of good governance. However to achieve better results the APNAC called for synergies with the police and other interested parties that share the same hatred for corruption.

In Zimbabwe because of the lack of US and Rand coins shoppers are offered their change from purchases made in a variety of forms. These include bubble gum, suckers, packets of 3 minute noodles, dodgey looking chocolates from other failed states and bananas. Last night a friend told me that she recently got her change in headache tablets – Paracetemol I think she said. Maybe we should lobby for headache tablets all round as change because of what we have to put up with in Zimbabwe. A good example is Morgan Tsvangirai’s latest idiotic statement. He reckons that Zimbabwe is no longer at risk to investors and that the political crisis that destroyed the economy no longer exists. I wonder what he makes of the latest bid on the part of the Government of Zimbabwe to take over businesses, or the massive failure in our health and education systems or the continued farm invasions and the ongoing decimation of our agricultural sector? Never mind the ongoing political violence and disrespect for the rule of law. MT clearly needs a wake up pill or two. But then again both he and Mugabe are desperate for money from international sources to make right the wrongs of the last decade, so they’ll say anything. And meanwhile, who gets to keep the money made from diamonds and Zimbabwe’s other natural resources? Zvakwana!

During the month of April, Kubatana opened up the phone lines, SMS receivers and email addresses to solicit questions about the Constitution making process from across Zimbabwe. Throughout May, Advocate Eric T. Matinenga, Minister of Constitutional and Parliamentary Affairs, answers these questions.

Every weekday, we will be posting a new question for people to listen to – phone 0914 186 280 up to 7 to listen to the answers now, in English, Shona and Ndebele.

Each week, we will also be posting the answers on www.kubatana.net

1. What is the purpose of the Constitution of Zimbabwe? How does the Constitution of Zimbabwe differ from an organisational Constitution – e.g. a youth group

Now, when we are talking about a Constitution, we are talking about a law which overrides any other law in the country. In legal parlance, it is called the Supreme Law of the Land. Because it is the supreme law of the land, everybody resident in that country is obliged to obey it. And anything or any law which is inconsistent with that Constitution is invalid. So you can see that whilst a Constitution should be obeyed by everybody in the country, the Constitution of a voluntary organisation only binds those members who belong to that organisation.

I notice that this question came from Mutare. So if you’ve got maybe the Sakubva choral society, it means that that society has got a Constitution which only binds the members of that organisation. I stay in Harare, and I’m not in their choir. So I’m not bound by the Constitution of that choral society. But, whether you’re a member of that choral society, or whether you are Minister Matinenga who is in Harare, if you are a resident of Zimbabwe, we are all bound by the Constitution of Zimbabwe.

2. Today’s question came from Kudzie, who asked How long is the Constitution making process going to take? When will the outreach programme start, and why has it been so delayed?

Firstly, Constitution making is a process. It is not an event. So when we hear people saying that there is nothing happening in the Constitution making process, one needs to know what is happening on the surface and what is going on in the background, so as to know whether we are still on track, or have gone off track.

We go back to February 2009 to start the Constitution making process in this country. And we go back even further to September 2008 to the agreement between the political parties as to how the Constitution making process should be conducted in this country. After February 2009, with the swearing in of the inclusive government, we were then obliged to put in place the Select Committee. That was done. We were then obliged to hold the first All Stakeholders Conference. That was done in July 2009. I think a lot of you, particularly those of you who have access to television, remember the real disturbance we had in July, and some of you will remember that after that disturbance, the three principals addressed a joint conference, and stated in very clear terms that the Constitution making process was not negotiable, and that this process will be seen to its very end. I am glad that the indications up to now are that we are on our way to fulfil this important requirement of the GPA, even though we are a bit slow.

Now after the First All Stakeholders Conference, we were able to establish Constitutional Themes, in respect of which persons identified are to address these themes. The persons who are going to address these themes have been identified. These are the persons who are going to take part in the outreach programme which will get under way very shortly. We have also trained the rapporterus, who are the persons who are going to be reporting what each and every person says during the outreach meetings.

The outreach programme will be rolled out, I believe, around the middle of May. It may be towards the end of May, but I am confident that come mid-May we will be able to roll it out.

After the outreach, the draft Constitution will then be crafted by the experts, and I can assure you that it is not going to be the Matinenga Draft. Nor is it going to be the Tsvangirai or Mugabe or Mutambara Draft. It is going to be a draft which is going to be crafted by experts who are going to be looking at what you said during the outreach, and who will then gather what you said into a draft Constitution.

After that draft has been done, we are going to go to a Second All Stakeholders Conference. From there, we go to a referendum, which gives you the people the chance to see whether what you said in the outreach is contained in the draft and is what is being presented to you in the referendum. I am sure that that will be in order and that what the people say is not going to be tampered with. I foresee, in terms of time table, that by April 2011 we should have a Constitution that has passed through Parliament and has been adopted by Zimbabwe.

3. Today’s question came from Philebon, who asked: What is the role of the Kariba Draft in the Constitution making process?

People must not fear. They must not be taken in when people say the Kariba Draft will determine the Constitution of Zimbabwe. Let me assure people that there is no special place for the Kariba Draft in the Constitution making process. What we have agreed as the three political parties is that the outreach team should be gathering information on the basis of talking points. These talking points have been agreed by the political parties, and whilst the persons involved are obviously not going to be too particular about these points – because they need to be as inclusive as possible – nobody is going to be waving the Kariba Draft, nor any other draft for that matter, in the outreach meetings. So people should feel free, when they attend these outreach meetings, that they need to contribute to the making of the Constitution for Zimbabwe.

4. In Matabeleland and Midlands, if there is no devolution of power we will vote no in the referendum. What is the position on devolution of power?

This comment is about how the people of Matabeleland and Midlands will respond if presented with a Constitution which they believe does not provide for devolution of power.

Now let me clarify this point. When you talk about devolution of power, we are not talking about devolution to particular provinces. When you talk of devolution of power, you are talking about devolution to every province, to every local authority. So it is not an issue which should only be a concern for Matabeleland or Midlands, it is an issue which should be a national concern. What is important is that the people in the Midalnds and Matabeleland provinces, and the people in all the other provinces, must understand what devolution is, and what they want for devolution in the Constitution, and then must articulate this position when the outreach programme comes to their area.

When you talk about devolution, you must talk about meaningful devolution. You must talk about both economic and political power at the local level. People talk about devolution and they say we have it now. But when you look at the type of devolution we have now, we have got a devolution which unfortunately answers to the central authority. Your governors are appointed by the President. Your local council answer to the Minister of Local Government. And when you look at economic devolution, you will find that there is really nothing at local level which builds local institutions. So when we are talking about devolution, we must know what we are talking about, and proceed to articulate positions for meaningful political and economic devolution.

5. Today’s question has come from a number of people, including Malile, Marlene, Peter and Cicely, who asked: What are the provisions for citizenship? How will citizenship by birth be determined?

When you talk about citizenship, you are talking about belonging – not in terms of a club, but in terms of the country. So if you belong to Zimbabwe, then you are a citizen of Zimbabwe. But you are only a citizen of Zimbabwe if you can trace that belonging, that citizenship, by birth – either because you were born here, or because your parents or grandparents were born in Zimbabwe. You can trace your citizenship by descent – because your parents or grandparents were Zimbabwean. Or by registration, whereby you have sufficiently stayed in Zimbabwe that the laws of Zimbabwe consider you as somebody who already is a Zimbabwean.

I know that this issue is a major concern in regards to two types of person. Firstly, this issue is a concern for those persons who come from neighbouring countries, or whose parents come from neighbouring countries, like Zambia, Malawi, Mozambique. These people were born in Zimbabwe, but in the last elections were rudely told that, because they claim another citizenship, they are not allowed to vote.

I also know that this issue arises for persons who were born in Zimbabwe, who have been in Zimbabwe for quite a bit of time, but who have been forced by circumstances to leave Zimbabwe and stay in other countries. This is what we call the Diaspora.

Now I have always held the view that it is very unfair that in 1980, the people whom we now call non-citizens were allowed to vote. And they voted for certain political parties. But because we now believe that maybe those persons are going to be voting differently, now those persons should not be allowed to vote because those persons are considered non-citizens.

I think this Constitution should address this very critical issue, and I think this Constitution should seek to make it possible for persons who are born in this country to enjoy all the benefits of citizenship, to enjoy the right to vote, and the right to hold a passport. Also, when you look at the Diaspora, I think it is also important that, until such time that we get our politics and our economics right, that we should allow for what we call dual citizenship so that these people in the Diaspora are able to participate in the political and economic activities of this country.

You can listen to the Minister answer these questions here and view pictures too.

If you have a question on the Constitution that you’d like him to address, please leave a comment on this blog.

Here’s a new initiative from Amnesty International:

Amnesty International is releasing a social network that watches over tyrannical leaders from all over the world who attack Human Rights. This way, it seeks to form a global community of Human Rights defenders, making the contact between the public and Amnesty’s promoting causes easier. This network will have the designation of Tyrannybook.

With the visibility inherent to these social networks, Amnesty hopes to get more support to its causes. This being, calls upon everyone to embrace this digital tool which updates the current situation of countries led by these tyrants. With this Amnesty is trying to generate a wider awareness of the various atrocities that are committed all over the world. The participation of all those who are already actively involved in these causes is essential in order to complement it with information, news, and, not least, reports of living experiences.

This is the first version of the site. And like all social networks, it will grow and be constantly updated with new tools and features that are to be implemented. Each week Tyrannybook will win both size and presence on the web.

When I was a little girl of just four, I remember the family maid calling me to the spare bedroom to play a game with her. The game, she explained, would entail her lying down on the spring base single bed  and me jumping over her stomach.

Initially, I had concerns that such a game would cause her pain. But, in the way that only four-year olds can be convinced, she reassured me that the game would not hurt her at all and that it would instead be a good workout for her belly.

Somewhere in my mind, I can still hear the sound of those springs squealing as I jumped away to my heart’s content.

Recounting the new game to my mother that evening however,  put an end to it immediately.  It also put an abrupt end to Sisi Anna’s job.

A few months later, we heard that Anna had given birth to a healthy baby girl, thereby bringing unspeakable shame to her family who had already cast her off as a moral felon.

Her crime?

Anna was unmarried and the father of her child, who was apparently the married gardener from a few houses away, was refusing to take responsibility.

I am still filled with abhorrence at the thought of the role that Anna had wished me to play as her abortionist.

But with the passage of the years, I have grown to appreciate what levels of  desperation and despair must have led her to approach a clueless little child to assist her in finding a way out of her predicament.

Make no mistake; I don’t condone the measures that she took, especially since they involved an innocent party, myself. Rather, I am more open to understanding why she took such recourse.

Abortion is a topic that leaves a sour taste on many people’s tongues.

Walk the streets of Harare in Zimbabwe and you will come across many metallic placards featuring messages against the act, even citing biblical scripture about the detestability of murder in God’s eyes.

But just as we moralise and rationalise on end about whether or not sex work represents deviant behaviour, and whether or not it should be decriminalised, we go down the same torturous path when it comes to the abortion debate.

And the simple truth – as with sex work – is that regardless of the discourse and debates that take place, abortions continue to happen, whether sanctioned by the state, or deemed illegal.

Every day, young women all over Africa are having abortions.

According to research released by the Guttmacher Insitute last year, 5.6 million abortions were carried out in Africa in 2003. Only 100 000 of these were performed under safe conditions – that is, by individuals with the necessary skills, and in an environment that conformed to minimum medical standards.

And with only three African countries (Cape Verde, South Africa and Tunisia) giving unrestricted legal access to abortion to women, it would be safe to assume gross underreporting when it comes to figures pertaining to rates of abortion on the continent.

I’ll give a practical example of why I believe this is so.

Some years ago, when I was in university and living in a hostel, one of my hostel mates had an unsafe abortion. She told no one about it until she was forced to. Having  bled continuously for three weeks and in the process having exhausted her supply of sanitary ware at a time when this was a scarce commodity in Zimbabwe, she was forced to confide in a few of us that she needed help.

It’s not that we couldn’t tell that she was unwell. She had stopped interacting with anyone and when she surfaced in the communal bathrooms she looked wan and weak.

But finally, she decided to break her silence and share that she’d visited an old woman who’d given her a tablet to take for her ‘condition’. This tablet, my hostel mate, confided, made her uterus burn with acid pain and soon, she began to bleed.

She bled for all of a month and prohibited us from telling the matrons or even seeking medical assistance for her. All we could do was supply her with iron tablets, cotton wool and pads and eventually even mutton cloth to help her cope with the bleeding.

And that abortion, as well as many others, was not ever officially registered.

Why, you might ask, would women go to such desperate lengths to have an abortion?

For many young women, the cultural stigma of being an unwed mother is so strong that they feel they have to go to any length to avoid bringing shame and disgrace to their families in this way. A few years ago, a family friend committed suicide because her boyfriend had disowned the five-month-old foetus burgeoning within her womb. In her note to her parents she stated that it would be better that she died than bring humiliation to their Christian name.

Inherent in this cultural stigma is often the desertion of the partner or male responsible for the pregnancy, thus relegating the woman to position of a single mother.

And let’s not also forget that sometimes, a pregnancy is unexpected and unwanted and that the woman decides that she is simply not prepared for motherhood.

I doubt that this is ever an easy decision, but it is surely made more difficult not only by the lack of access to services such as hygienic abortions and counselling, but also by patriarchal hegemony that still prescribes the roles of women in society (ie. if you are unmarried you have no right to know anything about sex, let alone have a child).

Also, I am sure that the social perception of contraceptives, particularly condoms( which research has shown diminish in levels of usage as a relationship grows) plays a large role in the frequency of unprotected sexual acts, thereby putting women at risk of unplanned pregnancy as well as a host of other sexual infections.

Culture is the cohesive glue that binds communities together, but for many women, it is the hangman’s noose on which their freedoms are choked.

As I write, I wonder whatever became of Anna and her daughter; whether she grew to accept the child that separated her from her family; or whether her family ever took her back into their fold.

It is indeed a tragedy that so many women have to sacrifice one thing or the other for the sake of saving face in society.

For us, freedom and parity are still but utopian concepts.