A recent press statement MDC presses for national policy on hero status, caught my eye. In it, the MDC questions the “national hero” concept as it’s been appropriated by Zanu PF, and makes some important observations about the ordinary heroes – and sheroes – living amongst all of us.

It is erroneous to believe that only politicians qualify to be national heroes. Zimbabweans have produced the best minds in business, in sport, in music and in the arts in general. The MDC equally believes that one does not need to be dead to be appreciated in the country of their birth. Acknowledging talent and celebrating it is the hallmark of progressive and civilised societies. Read more

Recently l had a quiet chuckle as l reflected on the role of trust in Zimbabwean politics. The reflection led me to recall a story my father often told me. The story goes something like this: There was a man in my father’s village who was notorious for poisoning the beer of colleagues as they drank in open mugs. The entire village feared him and no-one dared drink with him. My father shared this fear and mistrust but wanted to show this man but he told wanted to show this guy he trusted him, so, quite exceptionally they went for a beer drink together. During the course of drinking it became inevitable that my father had to respond to the call of nature and of course had to leave the notorious villager in sole custody of his beer mug. As he walked back to  rejoin the notorious villager, my father was faced with a difficult situation: whether to trust that the villager had not tempered with his beer and just finish the beer in the mug or to reveal his deep mistrust by not finishing up his beer. Fortunately my father was lucky to have a brain wave; he feigned a drunken stupor, stumbled around and tipped the mug over, immediately removing the need to take the ultimate test of trust. Political parties in Zimbabwe may not be so lucky to escape taking the test of trust.

The question of trust was recently thrust to the fore of people’s minds by the tragic death of the Prime Minister’s wife Amai Susan Tsvangirai (may her soul rest in peace) in a tragic road traffic accident. While the causes of the accident will not be examined in detail here, leaving that to an independent investigator, suffice it here to state that the nation was immediately gripped with deep suspicion – and many, including yours truly, saw, not the hand of God, but the hand of ZANU-PF behind the unfortunate event. This, l believe, demonstrates fully the level of distrust that prevails in Zimbabwe.

Now that the Global Political Agreement has ushered in an inclusive government that necessarily requires ZANU-PF and MDC to work together for the good of Zimbabwe, one wonders whether there is sufficient mutual trust to enable the parties to work effectively together. Trust generally refers to a firm belief in someone or something or being confident about someone or something. Trust develops over time, based on solid past experiences that inform present levels of trust. Trust is not nurtured by beautiful speeches of flowery language; it feeds on consistent action to deliver on promises made.

If history is anything to go by, then it will be very difficult to trust ZANU-PF. Its human rights and social services delivery record when it was in government for the past 29 years is appalling and its propensity to break promises made to the people astounding to say the least. Distrust of ZANU-PF is therefore not paranoia, rather, blind trust of ZANU-PF maybe be an indication of serious amnesia. To what extent can ZANU-PF as a political party and partner in government be trusted by the MDC and by the people of Zimbabwe to deliver food, health, democracy and fundamental freedoms to the people of Zimbabwe? Or, is it a sign of mutual trust that MDC and ZANU-PF have joined hands in this inclusive government or a sign of desperation on the part of both parties? I hazard a guess that the inclusive government is not a reflection of trust but desperation. ZANU-PF and MDC are trying to work together under a dark cloud of mistrust while pretending that there is not a speck of mistrust in the bright blue sky of the partnership.

For the GPA or anything to work, or any relationship for that matter, there is need for a certain level of mutual trust to exist. For parties that have worked together for a long time in a spirit of opposition and mistrust, to build and raise trust to required minimal levels requires solid political will and a lot of hard work. It requires a change of attitude and a radical paradigm shift. ZANU-PF must demonstrate, by concrete positive actions, that it has turned over a new leaf and is now worthy of the nation’s trust.

At the moment, ZANU-PF’s trust account is in overdraft, there is need to work gradually and progressively to restore people’s confidence as well as the trust of the international community that Zimbabwe is open for clean business. The international community must see for them concrete evidence that, for instance, financial accountability has been restored at the Reserve Bank of Zimbabwe and that if aid is given it will reach intended beneficiaries and not vanish into thin air.

Unfortunately recent events in Zimbabwe do not contribute to the genesis and growth of trust; rather, they fan the fires of mistrust and suspicion and confirm to the unconverted that perhaps ZANU-PF, much like the proverbial leopard, will never changes its spots.  Instead of reassuring the nation that abductions and acting outside the framework of the rule of law are a thing of the past, even as the parties and joining hands, a senior member of the MDC and deputy Minister of Agriculture designate is abducted and slapped with trumped-up and politically motivated charges. Not only that, in open violation of constitutional and GPA provisions, all parties to the GPA agree to swear-in more cabinet ministers than provided for. How can both the MDC and ZANU-PF persuade the nation to trust them that they are indeed putting the best interests of the nation ahead of their own?  Again, quite oblivious of the need to build trust, President Robert Mugabe of ZANU-PF unilaterally sought to make appointments of Permanent Secretaries to all ministries.

Another interesting development that raises the question of trust once more is the fact that MDC members of cabinet have been allocated State security agents for their personal security. One really wonders whether these ministers feel more secure or more insecure as a result. My father used to tell me of a statement coined by opposition parties in the 1980s to refer to ZANU-PF. It says, ‘ZANU-PF Isinjonjo – tamba wakachenjera,’ which in English is ‘when in partnership with ZANU-PF, always be on the watch out – better sleep with one eye open.’

Finally, word of advice to ZANU-PF is that trust is earned and once earned must be guarded jealously. To earn the trust of the nation and indeed of MDC, there is need to demonstrate, through action, that there is a difference between the ZANU-PF in the inclusive government and the other one that belongs in that past. The MDC must also earn the trust of the nation that they have their bearings and priorities right and that they represent a change that brings bread to the table for all. Zimbabwe’s Finance Minister also needs to earn the trust of the international community from whom Zimbabwe is seeking aid, and one way of earning this trust is to clean-up the Reserve Bank and put in place water-tight systems of financial accountability while ensuring that both small and big fish found guilty of looting national resources are locked away. I end by quoting and respectfully agreeing with Arthur Mutambara who at his swearing in ceremony as the new Deputy Prime Minister said it was high time for political parties in Zimbabwe to “deliver, deliver and deliver.”

How about this web site launched in November 2008 – Refugees United – what an amazing idea.

Refugees United – created by Danish brothers David and Christopher Mikkelsen – is a site for the estimated 32 million refugees currently scattered around the world. Christopher explains: “The reason refugees can’t find each other is because of a logistical breakdown. They need a global registry.” Refunite.org, launched in November 2008, enables refugees to upload profiles referring to body markings, initials or village of birth rather than using their name. Friends and family can then make contact anonymously. The Danes have an equally novel approach to the running of their organisation. David explains: “We didn’t approach people for money, we asked them to give us their expertise.” So far so good, as corporate giants such as FedEx have come on board and a prominent board of directors, including the industry head of Danish Google, offers strategy advice. Source: Monocle

I got home last night to a pile of post. Kind of unusual here in Zimbabwe where the postal system is in disarray and disruption. I got a post card from someone at Chinese Tea Factory Farms in Guangxi. The note on the post card was short and sweet: Nice web site, Happy 2009 Years! I was blown away. Imagine getting post card fan mail all the way from China.

And then there was a two page handwritten letter from Mutsa who lives in Chipinge in Zimbabwe. He felt moved to write to Kubatana about the Government of National Unity which he feels needs our collective support. He ended his letter saying “the seeker of truth and justice never tires! Enjoy every bit of your work.”

I also got a magazine called Yes!, the cover story being Food for Everyone. Besides some very good articles on ways to challenge world hunger, this issue of Yes! has a spread on: a world of grace – that pause before the meal inspires us across cultures. Three pre-meal sayings stood out:

From Latin America

To those who have hunger
Give bread.
And to those who have bread
Give the hunger for justice.

From Ashanti, Ghana

Earth, when I am about to die
I lean upon you.
Earth, while I am alive
I depend upon you.

Sioux, Native American

I’m an Indian.
I think about the common things like this pot.
The bubbling water comes from the rain cloud.
It represents the sky.
The fire comes from the sun.
Which warms us all, women, animals, trees.
The meat stands for the four-legged creatures,
Our animal brothers.
Who gave themselves so that we should live.
The steam is living breath.
It was water, now it goes up to the sky,
Becomes a cloud again.
These things are sacred.
Looking at that pot full of good soup,
I am thinking how, in this simple manner,
The Great Spirit takes care of me.

On the subject of food and hunger, reports say that 75% of Zimbabweans will need food assistance this year.

Kubatana was recently forwarded a copy of the letter below addressed to Tel-One, Zimbabwe’s telephone service provider. Most Zimbabweans have been up in arms regarding their latest telephone charges – note the word charges, rather than accounts – Tel-One doesn’t deign to send anyone an account anymore; you’re meant to find out your balance yourself and trust that the balance given to you is correct.

We encourage Zimbabweans out there reading this to take note of the contents (it was compiled by a firm of lawyers) and use it to demand improved accountability and transparency from Tel-One. Get involved if you want it solved!

19 February 2009

The Chief Executive Office
Tel-One
Runhare House
Kwame Nkrumah Avenue
HARARE

Dear Sir

RE:  TELEPHONE ACCOUNT for Atherstone and Cook

Our accounts department has informed us that they have not received a telephone account from Tel-One and apparently telephoned to ascertain why they had not received an account.  Previously we always received accounts.  Apparently some decision has been made without notification to us that accounts will no longer be sent.  Our accounts department has also informed us that they were advised that the account stands at about US$4 500.00 and that it has been calculated by taking all of the telephone calls made during January and charging them in US$ – at an enormous rate of US$0.30 per unit.  Section 6(5) of Statutory Instrument 6 of 2009 prohibits any increase in prices when converting from the old to new currency to a level in excess of the prices which applied on the 1st February 2009.  This clearly also applied on conversion of prices to US dollars.

They were also apparently informed that unless the account was paid timeously our telephone service would be terminated.  We write to protest that this would be totally illegal and that we certainly will not hesitate to bring proceedings not only to prevent that happening but to recover the very severe damages we will suffer if such drastic action is taken.  We set out our reasons hereunder.

1. Tel-One operates under a licence granted by the Postal and Telecommunications Authority.  That Authority was established in terms of Act 4/2000 and is Chapter 12:05.  Tel-One is bound by the conditions of its licence and also by the provisions of that Act.

2.  Section 100 of that Act deals with the approval of tariffs by the Authority.  Subsection (1) of that Section states that “At the time of the issue or renewal of  any licence granted by the Authority, the licensee shall have its proposed tariff approved by the Authority”.  Subsection (2) states that “The licensee must obtain approval from the Authority if it intends to amend or replace that tariff”.  We enquire whether approval was obtained and we request that you provide us with a copy of that approval.  We also wish to know whether that approval operated from the date of the approval.  We suspect, if approval was obtained, it certainly was not made retrospective.  Consequently any attempt to charge in US$ for phone calls made prior to that approval is illegal and we suspect deliberately done illegally.  If that is the case, of course, the damages that we will suffer will be enhanced.  We suspect that if you do charge US$ for January you will be doing so knowing that you are acting illegally and contrary to the law.

3.  Furthermore, if you have not had that tariff approved then you will be acting illegally in respect of another breach of the law and probably this has also been done deliberately.

4. The only gazetted tariff that we could find is contained in Statutory Instrument 319 of 2000.  Section 17(1) of that Statutory Instrument states that “There shall be charged in respect of the telephone calls made by a telephone subscriber or other person, the charges set out in the Eighteenth Schedule”.  The Eighteenth Schedule sets out charges which are in Zimbabwe dollars and not in US$.  Those Regulations have not been repealed so on the face of it those Regulations are applicable and the Corporation is only entitled to charge the rates set out in the Eighteenth Schedule which are far less than the proposed US$0.30 per unit, another instance of acting illegally.  Section 2(3) of those Regulations contained in Statutory Instrument 319 of 2000 states that “Those Regulations shall be read as one with and form part of the Postal and Telecommunication Services (Telephone) By-Laws, 1973”.

5.  Consequently it is clear that the service that you are providing is governed by the By-Laws set out in those Regulations and they are contained in Government Notice No. 399/1973.  Part VI is headed “Accounts”.  Section 71 states that “The subscriber shall be responsible for the payment of all charges arising out of the use of his telephone whether such charges have been incurred with or without his knowledge or permission”.  That is the general statement of the liability of a subscriber.  Section 72(1) states that “Charges for toll or trunk calls dialled direct by a subscriber shall be included on telephone call accounts under the heading of “metered calls””.  Section 73(1) states, “Accounts for calls, phonograms and supplementary services shall be paid to the Corporation within 14 days of the date of the account”.  Subsection (2) states that “The account rendered shall for all purpose be sufficient evidence of the amounts due by the subscriber”.  Subsection (3) states that “If a subscriber fails to pay his account where the telephone is connected to a party line it must be done within 21 days and in respect of subscribers to telephones connected to any other line the account has to be paid within 14 days of the date of the account”.

6.  It is quite clear therefore that the Corporation is obliged to send out an account to each subscriber and that the payment only becomes due 14 days after the date of the account.  It is probably correct to say that the account must only be paid within 14 days after the receipt of that account.  Clearly the Corporation would not be entitled to pre-date the accounts in order to bring forward the date of payment.  It is clear from this that a subscriber should be entitled to 14 days to pay his account.  It is also quite clear that the Corporation is obliged to send accounts.

7.  Not only that, the Corporation’s right to summarily terminate the service depends on sending out an account because Subsection (3) states that “If a subscriber fails to pay his account for calls, the Corporation may summarily suspend the service”.  It is quite clear therefore that you have no right to suspend the service until an account is sent out and the subscriber has 14 days within which to pay.  This you have failed to do and if you actually summarily suspend the service of our telephones without having sent us an account and without giving us 14 days you will be acting doubly illegally, if that’s at all possible.  It is certainly clear that you will be acting in a most highhanded fashion and not in a fair and proper fashion.

8.  In this regard we refer you to the Administrative Justice Act and we think it is appropriate that we should set out the provisions of that Act.  Firstly we refer to the definition of Administrative Action.  This means any action taken or decision made by an Administrative Authority.  An Administrative Authority is defined as any person who is an officer, employee, member, committee, council or board of the State or local authority or a parastatal who has the lawful authority to carry out the administrative action concerned.  There can be no doubt that Tel-One is a parastatal.  Consequently, the decision to charge all of your subscribers in US$ was clearly an administrative decision.  The fact that you tried to backdate the charging in forex is also an administrative decision.  All these administrative decisions had a profound effect on your subscribers.  Despite that there has been no announcement by you as to this administrative decision.  If you had acted fairly, you would have advised all of your subscribers by post or at least by advertisement in all the newspapers and possibly on the radio.  You have done none of those things.

9. Let us therefore remind you of the duty of an administrative authority which is set out in Section 3(1) of that Act.  It says that “An administrative authority which has the responsibility or power to take any administrative action which may affect the rights, interests or legitimate expectations of any person shall act lawfully, reasonably and in a fair manner”.  The Section goes on to say that they must act timeously.  It goes further however.  It says “Where an administrative authority has taken an administrative action it must supply written reasons within the relevant period for that administrative action”.  You have made no attempt to supply any reasons.  Those reasons could quite easily have been sent to each subscriber and they could also have been published in your newspaper advertisement.

10.  Let us also remind you of Section 3(2) which says “For an administrative action to be taken in a fair manner as required by Subsection (1) the administrative authority shall give any person who will be affected adequate notice of the nature and purpose of the proposed action and a reasonable opportunity to make adequate representations”.  This you have also failed to do, again acting not only unfairly but illegally.  It would have been quite easy for you to notify all your subscribers that you intended to charge in forex from a particular date and invite the subscribers to make representations as to the specific charges that you intend to make.  Your failure to do this means that you failed to act in a fair manner as required by that Act and your action in trying to charge these new US$ charges is quite contrary to your obligations as an administrative authority.

11.  Perhaps we should also mention Section 4 which says that “Any person who is aggrieved by the failure of administrative authority to comply with Section 3 may apply to the High Court for relief”.  This we will certainly do if you continue to act in this highhanded manner and do not give everybody an opportunity to make representations about these exorbitant charges.  Subsection (2) of Section 4 states that the High Court will have the power to confirm or set aside the decision concerned.  It can also refer the matter back to the administrative authority for consideration and also direct the administrative authority to take administrative action within a specific period.  It can also give directions to achieve compliance by the administrative authority with the requirements of Section 3.  We will certainly seek such an Order particularly if you continue to act in this totally illegal manner.  We will also ask for costs against the actual persons who are involved in making these illegal decisions and taking deliberately this illegal course of action.

Yours faithfully

Atherstone and Cook

Elenah died from an AIDS related illness in about June 2008, leaving her young son an orphan in Harare. Estranged from her family Elenah had survived for many years on handouts from people  – I was one of them.

Elenah was infuriating. She refused to seek assistance from her extended family and told countless lies in an effort to get money from me. Her son was a quick study.

Regardless, I was sad to hear that Elenah had died and was concerned about what would become of her son. It wasn’t long before a young, ragged uncle arrived at my door with Joseph, hoping to pick up where Elenah had left off. I was having none of it and decided to dig a little deeper to find out what alternatives there were for the little guy.

With a little help from a social worker affiliated with SOS Children’s Village I eventually tracked down Freddy – Elenah’s half-brother and a thoroughly decent man.

Freddy and his wife agreed to take their half-nephew into their family in spite of their own financial challenges and limited ‘floor-space’.

Over these months I’ve done my best to help Freddy with some of the expenses involved in caring for another child. 2008 and 2009 will surely go down as the most expensive and challenging years in a long time in Zimbabwe. Freddy and his wife have clearly battled to keep food on the table and the wolf (and cholera) from the door.

Late last week I met with Freddy to discuss costs and, as can be expected, he tried a couple of tacks to see if I was good for any additional assistance.  I was unable to help with a couple of his requests but it was his last that had potential. Freddy is a diesel plant mechanic so you will possibly understand why I wasn’t prepared for what followed. In spite of all the inherent hardships involved in his life, Freddy has time to write music and lead a jazz band!

He invited me to join his band and help him with its costs. Very creative – only problem is I’m musically challenged unlike other members of my family.

He owns his guitar but needs money to hire and transport equipment to a venue to practise with his band. He would like to own normal band stuff – instruments, amplifier etc. And of course, he would like to be recorded.

What we’ve agreed is that Freddy will spend the next month practising with his band in preparation for an informal recording by my colleagues at Kubatana in early April. We’ll record them in action in Mufakose and hope that they’re good so that we can put together a demo CD to launch them!