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Archive for the 'Governance' Category

Bribes are a part of the Zimbabwe driving curriculum

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Friday, October 29th, 2010 by Zanele Manhenga

I was telling somebody that I want to have a driver’s license. It’s about time now. You will not believe what he said or maybe you will. He said in order for me to get a license I would have to go with an extra US$80 or so for me to get the license. That’s not all. He continued to tell me that after the provisional license I must be prepared to have another US$80 to pass the road test. But that is not the end of my story. I went and spoke to another gentleman and said to him; can you believe it, to get a license you need to be prepared to pay extra bribe money of about US$160. I can’t pay that. I vented to him that I am a Christian and I do not promote bribing and such lawless acts. Above all no wonder we have lots of car accidents and unnecessary deaths on the road. We have people that buy their way into the driver’s seat. You know what the second gentleman said to me. He said I should not view this extra US$160 as a bribe but as part of the Zimbabwe driving curriculum. In other words we should have it in black and white, a statement saying in terms of section 1.1 of the new drivers act, all excluding the ones related to driving inspectors, shall be required to pay an extra amount for the acquiring of a driver’s license. Failure to do this will result in you writing the driver’s license exam until you pay the required bribe. I was going to be afraid to write this piece in fear of not passing my driver’s test when I go next month. But I don’t want to be a part of this “bribe me” mentality that has infected our country. Rest assured I will read for the exam and hopefully start a new breed of people that want to do things differently.

Political violence in Rushinga

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Thursday, October 28th, 2010 by Amanda Atwood

As the Constitution outreach process draws to a close, and talk of 2011 elections is already beginning, we received this disturbing report from Women in Politics Support Unit (WiPSU) about political violence in Rushinga:

It is with great sorrow and concern that we have been informed that 17 women political activist were beaten in what is alleged to be politically motivated violence in Rushinga this week. 3 of these women were also allegedly raped. The 17 women were bought into Harare yesterday Tuesday 26 October 2010 for medical care as they have suffered various injuries including broken ribs and limbs. We call on political parties to discourage their members from subjecting women politicians to violence. This is a clear example of how the militarization of politics affects the participation of women as political actors.

Zimbabwe’s Transition in Comparative Context

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Tuesday, October 26th, 2010 by Upenyu Makoni-Muchemwa

The Konrad Adenauer Stiftung Foundation, in collaboration with the Mass Public Opinion Institute hosted a conference recently for politicians, civil society and scholars to share their perspectives on Zimbabwe’s Transition. Among the presenters was Cyprian Nyamwamu who shared some experiences of Kenya’s transition.

In concluding his presentation Mr. Nyamwamu made the following remarks:

Monitoring and enforcing accountability in government must be made a systematic process that is carried out by political non-state actors. In Kenya this has been largely successful except that the entrenched culture of impunity makes it to secure behaviour change and governance.

The state cannot be left to reform on its own. It is the role of forces outside and inside the state to escalate the demands for reforms. This requires a deliberate construction of democratic movement that galvanises the energies to force democratic negotiations about the future of our democracies be it in Kenya or in Zimbabwe. Innovative strategies for ensuring sustainable reforms can only be realised if reforms are held within a political and transitional justice framework where reforms are broad rather than confined to some formal changes that do not open up the state to concerted reforms.

In Zimbabwe like in Kenya, democratic reforms and political transition shall not be sustainable without a thorough transitional justice agenda where public and private citizens, officers and groups get to account for violations and injustices that may have been committed in the past. A new democratic state and cohesive nation cannot be expected in countries where victors’ justice is the order of the day and where impunity has taken root.

There is need for the Inclusive government of Zimbabwe to be sustained even with it inherent limitations until the national democratic project is delivered. V.    It is our view that elections in Zimbabwe before 2013 shall not add value to the Zimbabwe democratic deficit. It is feared that elections before 2013 may precipitate a return to the multiple socio-economic, humanitarian and political crises that were witnessed in the aftermath of the 2008 elections.

It is hoped that the democratic forces in ZANU-PF, MDC, civil society, the private sector and other sectors of the political economy shall adopt an attitude of ‘no reforms no elections’. Reforms here must mean both reforms on paper and in the real world. Reforms cannot happen if the only logic of the political actors is power for the big boys. Those in power must be convinced including through positive sanctions to embrace and champion reforms for the sake of the people and the nation.

SADC must construct a better national democratic reform framework for Zimbabwe than the current one. In the 1989 Poland political Transition example, the President was offered assurances and immunities and Western European countries invested economic incentives into the reform pact that saw the end of the monolithic one-party state rule. This is important seeing as is the case that unlike Kenya, the international community seems ready to leave Zimbabwe to suffer on the ropes for longer. In the Kenyan case in the wake of the post election crisis, the international community made it clear that Kenya was too important to be left to Kenyans alone.

The MDC is in big political trouble and needs to fix its mistakes

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Tuesday, October 26th, 2010 by Bev Clark

Psychology Maziwisa believes that its the beginning of the end for the MDC. I’d agree with him. A recent news article suggested that Tsvangirai is going to have a hard time getting battle weary Zimbabweans to go to the polls again to vote for his party. To get people out to vote, and more importantly to defend their vote when Zanu PF steals it, the MDC is going to have to engage their brains, rather than their mouths over the next while.

“To survive, they need visionaries able to see beyond the comfort of the GPA” . . . here’s some more very good food for thought from Psychology:

If there is one line of engagement that requires originality, momentum and avoidance of stupidity it is politics. The authenticity of the Movement for Democratic Change (MDC) project has always been an open question and so a handicap in its own right. However, events of the last three weeks alone might yet herald the beginning of the end of that project.

Doubtless, apart from providing Zimbabweans with a breather, the primary function of the Global Political Agreement (GPA) was to give ZANU PF a new lease of life- and it has. It has also given them time to rediscover, re-group and re-energise. Nor can the effect of the Chiadzwa diamonds be under-estimated. For the rest of the country, however, the GPA has flattered to deceive and been a grievous mistake. But the GPA alone will not destroy the MDC- there are other elements at play.

First, the question of sanctions has revealed a rather treacherous and malevolent side to the MDC not least because they have dismally failed to provide a satisfactory rebuttal to accusations that the sanctions were imposed at their instigation. Indeed David Miliband’s proverbial declaration that the British government would be guided by the MDC on the subject of subjects might well have given it all away.

When history is written, when the moment of truth-telling dawns upon us, this will be counted among the most inexcusable and most unforgivable of the MDC’s actions. Indeed it will count in no small measure among the reasons for the downfall of the MDC.

Second, Tsvangirai’s position on the sanctions as a party to the GPA has been anything but clear. He has called them different things at different times. Nor has he been clear about their effect let alone removal.

For instance, a highly respected figure in Zimbabwean political circles wrote to me in confidence on the subject of sanctions and lamented: ‘Maziwisa, It’s unfortunate that Tsvangirai continues to vacillate on the sanctions issue. I have serious doubts about his capacity to run this country effectively given his flip flopping on important issues’.

And it is not just among Zimbabweans that the MDC has lost important support through the question of sanctions. Jacob Zuma, President of South Africa, whose assessment of things many in the West have no choice but to consider as plausible, has constantly and unmistakably called for the removal of sanctions on Zimbabwe. This has been a huge blow to the MDC who have had no option but to join the gallery and also call for their removal although, by the look of things, they would have preferred it if Zuma said otherwise.

And it never rains for the MDC. A few weeks ago President Robert Mugabe’s long-time critic and Tsvangirai’s known ally, Ian Khama of Botswana, added insult to injury by joining the already growing number of African leaders in calling for the lifting of sanctions on Zimbabwe. That the sanctions have yet to be lifted is neither here nor there. Suffice it to say that the European Union has since expressed a desire to ‘reconsider’ its position on sanctions.

Nor can the damage occasioned by the GPA be overlooked. Quite the contrary, it has been devastating to the MDC as a party. Two weeks ago, President Robert Mugabe acted in what many, including this writer, perceived as a disturbing pattern of unacceptable unilateralism.  No question about it, President Mugabe was wrong for reasons that are not the subject of this piece.

But while being so wrong, Tsvangirai’s rather ‘stupid’ reaction was even more so- the culmination of which has since seen ZANU PF’s approval ratings rise by a considerable margin while the MDC’s plummet substantially.  It was a moment of madness. It was a schoolboy mistake from an important politician.

Make no mistake the MDC’s impulsive but characteristic decision to seek the intervention of western and foreign governments in a matter purely domestic and purely Zimbabwean met with widespread domestic and regional condemnation- a sure plus for ZANU PF and a resounding negative for the MDC.

Empirically put, 99, 9% of those I have spoken to regarding the matter believe Tsvangirai’s move gave credence to accusations that his party is foreign founded, foreign funded and foreign interested. They believe it served to confirm allegations that theirs is an outpost of foreign interests. The fact of the matter is that Tsvangirai’s statements and actions make it horrendously difficult for anyone to imagine otherwise.

And the decision has backfired big time. For example, the United Nations has bluntly dishonoured Tsvangirai’s plea. It was always going to take a lot of persuading for Jacob Zuma to even read Tsvangirai’s letter. And, apart from classifying it is as ‘a matter of concern’, the European Union has yet to heed Tsvangirai’s request. Moreover, ZANU PF has made it clear that it would reciprocate any gesture of goodwill from the EU. Back home President Mugabe has since used Tsvangirai’s mistake to announce the imminent end of the GPA, pleading with his party for an ‘acceleration of pace’ in preparation for elections at the same time.

Meanwhile, Arthur Mutambara has endorsed President Mugabe’s appointments. Oppah Muchinguri is doing everything in her power to maintain the momentum. Roy Bennett has fled the country and, in the clearest sign of desperation ever, Morgan Tsvangirai has hinted that he will not leave the GPA. In politics, as in many things in life, one ought to play with one’s cards close to one’s chest. But, then, Tsvangirai has a known propensity to inadvertently disclose party secrets and strategies.

All things considered, the political battle in Zimbabwe has become disappointingly one-sided. It has exposed MDC weaknesses and confirmed ZANU PF strengths. All told, the MDC is in big political trouble and needs to fix its mistakes. They have not done much in the GPA. Sadly they have secured higher praise in certain quarters than their record in government justifies. To survive, they need visionaries able to see beyond the comfort of the GPA.

Only Zimbabweans Can Make Peaceful Elections Happen

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Tuesday, October 26th, 2010 by Bev Clark

Kubatana recently received this interesting opinion from Arkmore Kori:

I object to violence because when it appears to do good, the good is only temporary; the evil it does is permanent. (Mohandas Gandhi).

Recent political developments such as the impasse concerning the Government of National Unity with only four months before it expires and the constitutional stalemate have made it fashionable to talk about elections as the only solution to the Zimbabwean crisis.

Many, including Prime Minister Morgan Tsvangirai, believe that with the help of the Southern Africa Development Community (SADC), the African Union (AU) and the United Nations, peaceful elections are possible. Some have even called for either regional or international stakeholders to be deployed in Zimbabwe to safeguard peace during election time.

But our experience shows that SADC and the AU are powerless to stop any political or election violence in Zimbabwe. When they came for the June 2008 run-off, they just ‘observed’ both elections and the accompanying violence with the mild conclusion: ‘elections were not free and fair!’ In fact, it’s a bit ambitious to expect SADC or AU to make Zimbabwe a better place. President Mugabe did not join SADC, but is the only surviving founder of then Frontline States, which changed into the Southern Africa Development Coordination Conference (SADCC) before becoming SADC. This means he has a lot of influence in regional decision-making. At the same time, it’s SADC that advises AU on regional issues, including the Zimbabwean question. This means any decision made on Zimbabwe at either regional or continental level, is indirectly made by Mugabe.

Indeed, except for Operation Gukurahundi of the 1980s, which had an external influence in the substance of North Korea, the political and electoral violence that has been occurring in Zimbabwe, particularly after the year 2000, has been home grown. It has been organised and perpetrated by four community based conglomerates – traditional leaders, war veterans, youth militias and the ‘women’s league’ – that work together.

Against their traditional role of safeguarding our culture, providing food to the needy (remember Zunde Ramambo?), mediating conflicts and preserving peace, traditional leaders have become an extension of the deteriorating ZANU PF structures. Their mandate in Zimbabwe’s internal conflict is ‘selling out’, pin-pointing and compiling lists of ZANU PF opponents for the salaries and numerous benefits, including houses, vehicles and electrification provided at the tax payers’ expense. The youth are responsible for administering the list of opponents and effecting ‘punishment’ according to instructions they receive from war veterans. The ‘women’s league’ provides moral support: ululating, singing and clapping during torture or murder sessions.

The way forward is to destroy this network. The removal of the youth from this violence equation would make elections safer. Real war veterans and traditional leaders are too old to torture or kill. Recently in Bikita the youth refused to be ‘used’ in violence by war veterans. Communities must discourage the youth from cooperating with violence mongers. Instead, the youth should become the defenders of their communities against the ‘intrusion’ and violence, especially caused by ‘imported youth’ from other villages or districts.

Surely, we don’t need SADC, AU, United Nations or international forces to stop us from beating or killing one another?

Zimbabwe’s blood diamonds

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Sunday, October 17th, 2010 by Bev Clark

Khadija Sharife writing for the Harvard International Review:

Somewhere in my closet, taped across a small cardboard and sealed in a transparent casing, is a $50 billion Zimbabwean note. Purchased two years ago at a local bookstore for R21 ($3), this ‘made in zimbabwe’ wonder at the time had the purchasing power of two eggs, or a loaf of bread, in a country where inflation hit the 231 million % mark. An unemployed lawyer working a street hawker in SA expressed outrage that I would spend $3 to acquire it. ‘That money is life or death back home,’ he said. But there’s bigger money in the making – and for the taking. Mugabe Inc. has once again, in anticipation of forthcoming elections, vigorously begun to engage in exploitation through ‘primitive accumulation’ of resources via war vets, corrupt corporate execs and political cronies.

Prior to the discovery of diamonds, specifically Marange — estimated to be one of the world’s largest diamonds capable of yielding as much as $1.7 billion in revenues annually, the big kahuna was land. The bulk of large-scale commercial farms seized by Mugabe’s war vets, using the rhetoric of social justice, were not redistributed to those previously dispossessed by the colonial government. Instead, a new politics of dispossession took form through the politicisation of rural poverty, equating the ‘public interest’ with the nationalist vocabulary serving elite political interests. This time around, legal concessions to Marange have been voided, with two South African companies granted right of access via fraudulent licenses.

One company in particular, New Reclamation, has engaged with the Zimbabwean government through a joint venture called Mbada. The company’s operating arm, Grandwell Holdings Ltd, has been created a Global Business Category II (GBCII) entity, essentially a paper company, using Mauritius as the ‘tax haven’ of choice. As the Zimbabwe Mining and Development Corporation (ZMDC) admitted, due diligence into internal financing mechanisms, beneficiaries and other critical details, could not be conducted as it was ‘a paper company registered in Mauritius.’ Such shell corporations act as passthrough conduits allowing for economic activities, including profits and transactions, to be disguised and transferred through to ‘ultimate beneficiaries’. GBCII companies are tax free enabling entities allegedly accruing tax to escape taxation, while facilitating the flow of profits to ultimate beneficiaries.

But Mauritius should better be classified a secrecy jurisdiction thanks to legal and financial ring-fenced services such as the provision of nominee shareholders. Basically, all private companies must have at least one shareholder, and one share. Unless these are bearer shares (according ownership to those physically possessing shares), such shares can be ‘represented’ by intermediaries nominated by ultimate owners or beneficiaries profiting from economic activities. The same applies to nominee directors. Mauritius kindly provides these mechanisms to foreign clients and entities deliberately cloaking specific activities.

As OCRA, an international corporation peddling secrecy vehicles itself reveals on its website, “Beneficial ownership is not disclosed to the authorities.”

For $1000, the company can access banking secrecy preventing the Zimbabwean government from ever accessing the true value and volume of diamond exploitation. Many companies like OCRA provide bank account signatories, professinal directors and other false fronts assembled to create the illusion of an active business. Mauritius claims to be within the bounds of the law having complied with the voluntary ‘on request’ only Tax Information Exchange Agreements (TIAE). While these are usually useless unless one already possesses the information required by external government authorities to investigate corporate and state corruption, in this instance, the South African government, if it decided to do so, could easily the corporate veil given that Grandwell’s details are already known. During an interview with Zimbabwean Prime Minister Morgan Tsvangirai for the BBC, I learned that he ‘was hearing about it for the first time.’

The threat that corporate secrecy presents to Zimbabwe’s economy cannot be understated especially in anticipation of the desperate need for sustainable revenue for basic services and the impact of ‘primitive accumulation’ as a means of controlling the outcome of forthcoming elections. This time around, Zimbabwe stands a great chance for actual democracy and economic and political recovery: The power sharing agreement between ZANU-PF and the Movement for Democratic Change (MDC) coupled with the appointment of Judge Simpson Mutambanengwe at the helm of the Zimbabwe Electoral Commission (ZEC), cultivates a growing environment of accountability and justice. But Mutambanengwe has declared outright that the ZEC requires financial resources to ensure that the processes and outcome is not disputed. Siphoned diamond revenues – to a ‘secrecy’ corporation where any number of war vets may be the ultimate beneficiaries, provides the old guard with unlimited millions – even billions, in financial resources that should be invested in justice not war, nor even – and this is what the Mugabe Inc hopes for, a forced peace.