INTERVIEW:Nunurai Jena

THE Zimbabwe Anti-Corruption Commission (ZACC) has refuted allegations that it was failing to effectively carry out its mandate, with citizens accusing the anti-graft body of catching and releasing corrupt bigwigs just to woodwink the nation into believing they were on a serious mission to weed out corrupt elements.
Towards the end of last year, the Zacc secretariat held countrywide meetings consulting on its proposed anti-corruption national strategy. NewsDay (ND) correspondent Nunurai Jena caught up with commissioner Gabriel Chaibva (GC) who said the “catch and release” tag now associated with Zacc was not part of their strategy and they need prosecuting powers to effectively discharge their duties without fear or favour. Hear him speak;

GC: This is one of many meetings we are doing in all provinces with stakeholders to formulate an anti-corruption national strategy to effectively use in order to combat rampant corruption bedevilling all our systems. We are meeting stakeholders to try to build a national strategy. We are asking stakeholders how corruption is being done and what Zacc can do to fight corruption. They are sharing with us the various forms of corruption in their areas that shall inform our investigations.

ND: But why the strategy now? Was this not what you should have first done the very day you got into office?

GC: It’s never too late. Remember we started work in July this year. It’s better late than never. We are just trying to put a better foundation.

ND: Is it not that you have blundered so much in a very short space of time with these “catch and release cases” that you thought of going back to the basics?

GC: Like what I have said, we made our mistakes and that realisation is the first step towards doing the right thing.

ND: Let’s come to this catch and release tag that you now have been given by citizens; are people justified?

GC: We are not a catch and release organisation like what other people want to call us. Most people don’t really know how we work. We investigate cases and hand them over to the prosecuting authority who in turn takes the accused person to court and I think that’s where the problem lies. We as Zacc should be given prosecuting powers because it’s problematic to investigate a case and then hand it over to another department to finish off.
Sometimes things will not be done according to the book. I’m not defending that because it gives an impression that we are a “catch and release organisation” but the thing is the law stipulates that everyone is innocent until proven guilty after being tried by the courts in an open trial.
The requirement of the burden of proof should be beyond any shadows of doubt should be relaxed as this is a loophole since most people are escaping through that as we are not allowed to use circumstantial evidence. Sometimes we come to situations whereby you can see that someone was heavily involved, but we fail to get nailing evidence despite substantial circumstantial evidence.

ND: What are some of the challenges you have faced?

GC: After investigating an issue and being satisfied that there is a prima facie case, we hand over the case to the prosecuting authority who, in turn, take the accused to court, but in most cases we are told that the accused has no case to answer and you don’t know how that would have happened. Too many cooks spoil the broth.

ND: What issues are dominating your meetings?

GC: Politically-induced corruption within the civil service and the issue of gifts have dominated our meetings. People have a feeling that gifts are being abused to cover up corruption in high offices.

ND: Are you satisfied with the government support?

GC: There is political will and we have been assured by His Excellency (President Emmerson Mnangagwa) and the Constitution that there are no sacred cows in this game. In terms of resources, government is doing all it can to fund us. Remember we were allocated $6 million in January and along the way around July we got $36 million and now in the recently announced budget we were allocated $72m; although it’s not enough, but the will is there.

ND: Any new plans for 2020?

GC: Yes, we intend to have regional offices and Zacc’s desire is to have offices in all the provinces, districts, wards and villages for speed conclusion of cases. We have realised that some cases are taking long to come to our attention because of distance.

ND: And what is the way forward?

GC: There is need for Zacc to be given prosecuting powers to effectively discharge its duties diligently. In neighbouring countries, such organisations like ours have prosecuting powers and handing over cases to another department can undo our good work. The law should be amended to cater for circumstantial evidence and there is need for speedy conclusion of cases.

BY RICHARD MUPONDE

GOVERNMENT has embarked on a programme to eliminate illegal dumpsites countrywide to help fight cholera and typhoid and other related diseases with Harare being the starting point.

Speaking at a national clean-up campaign by President Emmerson Mnangagwa in Kuwadzana on Friday last week, Environment, Climate and Tourism minister Nqobizitha Mangaliso Ndlovu said the country has witnessed an influx of illegal dumpsites in residential areas and central business districts.

“Your Excellency, we want you to know that as a ministry we have embarked on a national programme to eradicate all illegal dumpsites in the country so that our nation becomes clean.

The programme will see all illegal dumpsites cleared and bins put at designated points so that we keep our towns and cities clean,” he said.

Ndlovu said the national clean-up campaigns would be devolved to provinces in a development that will see Mnangagwa embarking on a whirlwind tour of the country to launch the campaigns.
“The national clean-up campaigns were only being done in Harare since the proclamation of every first Friday of the every month to be a national clean-up day. As a ministry, we have decided that the national launch of the programme be devolved to provinces,” he said.

Harare Metropolitan Affairs minister Oliver Chidawu, who also attended the launch, said Harare would lead the nation in eliminating illegal dumpsites and restore its sunshine city status.

“Kuwadzana becomes the first suburb towards this goal. We want to clear off illegal dumpsites in the city so that we avert outbreak of diseases such as cholera and typhoid,” he said.

Mnangagwa last year proclaimed the first Friday of every month to be a national clean-up day in an effort to keep the country clean and attractive to visitors.

BY KENNETH NYANGANI

THE Women Coalition of Zimbabwe (WCOZ) has intensified its campaign for more women to participate in political processes.

This was revealed at a WCOZ public meeting in Mutare recently, which sought to raise awareness on section 56 of the Constitution and discuss the 50/50 agenda.

WCOZ Manicaland provincial vice-chairperson Caroline Mupota said they realised that most women shunned politics for fear of being labelled “prostitutes” and because of the culture of brute force and violence associated with the country’s politics.

“In 2020, we have programmes in which we will be encouraging women to take part in the 2023 elections. We are very aware that most women don’t like to take part in politics because they think they are not strong enough to match their male counterparts,” she said.

“So as an organisation, we will be teaching women how to match their male counterparts and the approach they use to get into politics. We are very aware that women fear to be labelled prostitutes in politics.”

Mupota urged women to pursue education and equip themselves for national leadership roles.

“As women, we should have qualifications. Let’s go to school and equip ourselves by reading… let’s read newspapers and know what is happening in our society,” she said.

Mutare MDC-Alliance councillor for ward 16, Sekai Mukodza said: “I was labelled a prostitute when I was campaigning in my ward. These are such things women fear because they want to protect their marriages.

“So I am happy with WCOZ for introducing workshops to raise awareness on challenges that can be faced by women in the country.”

In a separate interview, Zanu PF MP for Mutasa North Chido Madiwa said: “Government is putting a lot of efforts to empower women, but we are still behind, we still need a lot of women who will drive the country’s economy. We have few women accessing finances in as much as we have the Women’s Bank.

“Yes, women should also be in politics. There is nothing wrong with women going into politics. We are equal with men, so women should contribute in Parliament. We should take leadership roles in business.”

BY CHARLES LAITON

FORMER Zimbabwe Power Company (ZPC) board chairperson Stanley Kazhanje’s second trial over a US$10 000 bribe by businessman Wicknell Chivayo’s company, Intratek Zimbabwe, has been stayed by the High Court pending determination of his application for review.

The former power utility boss was in October last year slapped with a three-year jail term for deliberately concealing a business transaction with Intratek, but was later released on $1 000 bail pending appeal.

However, while still awaiting determination of his appeal, the Prosecutor-General’s Office preferred yet another bribery charge for which trial was supposed to commence at the Harare Magistrates Court in November 2019, but Kazhanje challenged the move prompting the recent judgment by Justice Clement Phiri.

In his chamber application, Kazhanje accused regional magistrate Obedience Maturure of having misdirected himself after throwing away his application for a trial postponement and a request for a court record of proceedings to enable him to properly defend himself against the new charge.

“The failure by the third respondent (Maturure) to order the furnishing of the applicant (Kazhanje) with necessary particulars/record for him to plead rendered the trial abortive and incapable of mustering the constitutional test for a free and fair trial,” Kazhanje said in his founding affidavit.

“The decision by the third respondent to dismiss the applicant’s application for postponement and request for a court record in ACC13/19 is highly irregular in that: In its judgment the court aquo prematurely pre-empted all of applicant’s exceptions and defences before the same had been raised and dismissed them. In so doing, the court aquo effectively denied applicant adequate time and facilities to prepare his defence as provided in section 70 (1) (c), and the attendant rights in section 70 (1) (k) and 70 (1) (m) of the Constitution.

“The court aquo erred in effectively dismissing an exception which had not yet been made. In so dismissing it consequently denied applicant the right and benefit of the law and the right to a fair, impartial and independently conducted trial as provided for in section 56 and 69 of the Constitution.”

When Justice Phiri heard the matter on December 10, 2019 he ordered a stay of the trial proceedings.

It is the State’s case that on January 16, 2016, Kazhanje allegedly received the money in order to favour payments for the controversial 100 megawatt Gwanda solar project which had been awarded to Chivayo’s company. The State alleges that Kazhanje received US$10 000 into his First Capital Bank personal account from Intratrek’s CBZ Bank account, but Kazhanje has since dismissed the allegations as unfounded.

BY JAIROS SAUNYAMA

Scores of Apostolic Faith Mission (AFM) church worshippers in Marondera were yesterday left stranded after rival factions clashed over premise ownership, resulting in police being called to quell the violence.

When NewsDay arrived at Divine Truth Revival Centre (DTRC) assembly in Cherima high-density suburb, the two belligerent groups of congregants were singing different songs as they tried to outclass each other.

Police then called the leaders of the rival factions to make peace.

However, some of the congregants would have none of it and left the premises while others remained sitting inside.

By midday, there was no church service as police were involved in lengthy discussions with the two faction leaders.

This paper gathered that the Cosum Chiyangwa-led faction was holding a service when the Amon Madawo-linked group came and started disturbing proceedings in a move that irked the other faction, resulting in the chaos.

“The Chiyangwa faction is the one owning this church and we were surprised to see a group coming to disturb the proceedings. There was chaos after both factions sang different hymns. We had to call the police to quell the violence. This has affected the congregants during the 12-day fasting period by congregants,” one of the congregants said.

NewsDay gathered that the church premises falls under one Mashonaland East provincial overseer identified as Gwizo, who is reportedly a Chiyangwa sympathiser. However, most of the AFM assemblies in Marondera are now under the Madawo faction, hence the move to invade the Chiyangwa-linked church.

Efforts to get a comment from both faction leaders were fruitless because they refused to entertain the media.

BY CHARLES LAITON

HIGH Court judge Justice Helena Charewa has overturned a default judgment that had been entered in favour of Norton MP, Temba Mliswa against Zanu PF Chivi South Constituency MP, Killer Zivhu’s $1 million defamation claim.

Mliswa had earlier scored a victory when a default judgment was entered in his favour after he had approached the court on the basis that Zivhu’s summons were materially defective and Justice Tawanda Chitapi granted his application.

But while overturning Mliswa’s victory, Justice Charewa also issued an order compelling Mliswa to accept the court’s determination or risk being slapped with costs on a higher scale if he chose to oppose Zivhu’s application for rescission of the default judgment. The determination by Justice Charewa on December 12, 2019 followed yet another dismissal of Mliswa’s application by Justice Christopher Dube-Banda in which Mliswa had sought dismissal of Zivhu’s matter for want of prosecution.

“The default judgment entered against the applicant (Killer Zivhu) under case number HC8987/18 be and is hereby rescinded. The matter in case number HC8987/18 be and is hereby referred to trial. Costs on a higher scale of legal practitioner and client scale if the responded opposes this application,” Justice Charewa ruled.

Sometime in October last year, Zivhu, who is the president of the Cross Border Traders Association and the chairman of the Zimbabwe Amalgamated Housing Association, filed the lawsuit after Mliswa allegedly tweeted on his personal Twitter account labelling the Chivi South MP “a thief and a corrupt individual”.

According to Zivhu, Mliswa, who operates a Twitter account under the name “Hon. Temba P. Mliswa @TembaMliswa”, had since April 25, 2017 to October last year, when summons were issued, been using the social media platform to tweet defamatory statements against him.

However, after receiving the summons and through his lawyers, Mliswa, filed an appearance to defend and later again filed a special plea in support of his defence in which he urged the court to dismiss the matter on the basis that Zivhu’s summons were materially defective. Mliswa is being represented by Marufu Mandevere

BY BLESSED MHLANGA

THE Zimbabwe Congress of Trade Unions (ZCTU) has resolved to mount peaceful resistance against poor salaries and skyrocketing cost of living which have reduced their members to “slaves”.

In a message to workers, the labour body’s president Peter Mutasa said 2020 will be a year of mounting resistance to ensure that slave salaries and wages are removed while prices of basic commodities become affordable.

“Workers have no choice but to resist; we have been given a mandate by the workers to lead and mobilise peaceful resistance against this modern-day slavery, which has taken the worker back to the Rhodesian era. We are, therefore, going to resist like we did under the (late Rhodesian Premier Ian) Smith regime,” Mutasa said.

ZCTU said it will take the route of peaceful resistance because it was satisfied that the Tripartite Negotiating Forum (TNF) set up under the law was not being respected by government and, therefore, not bearing any fruit.

“The government does not respect constitutionalism. They have rendered the TNF obsolete. Instead of putting emphasis and energy on making legally established institutions to work, they are busy pouring money into things like the Political Actors Dialogue,” he said.

Mutasa said the prevailing situation was terrible to the point that it would be a struggle for workers to send their children to school.

“It’s a nightmare. Many can’t buy uniforms. They won’t even pay school fees for the opening of schools because there is a disproportionate gap between prices and earnings, never mind fees. Many are being evicted from their homes right now for failing to pay rentals. We are back in Rhodesia,” he said.

MDC secretary for education, Fadzayi Mahere, said 2020 was not promising bright prospects at all, especially as parents grapple with back to school requirements for their children, which are way too expensive.

“The outlook is not positive at all, the crisis in the education sector cannot be divorced from the national crisis. As long as the economy remains in the doldrums, the shocks will be felt in education, school fees are too high, yet teacher remuneration remains very low. A number of schools have poor infrastructure and insufficient educational materials,” she said, pointing to a tough academic year ahead.

A pair of school shoes is selling for $500, a blazer is going for an average $800, while a girls’ dress costs anything from $400, bringing a modest cost for school uniforms to about $2 000 at a time the majority of Zimbabweans are earning less than $1 500 a month.

School fees have been hiked at most schools with most government primary schools having sought and received permission to hike fees from an average of $120 to $500 per term while boarding schools are demanding a minimum of $6 000 per term.

BY BLESSED MHLANGA

OPPOSITION politicians and analysts have challenged President Emmerson Mnangagwa (pictured) to publicly apologise over the “insensitive and tasteless jokes” he made in Harare last week, particularly his threat to deploy soldiers to beat up residents of Kuwadzana high-density suburb should he discover they were responsible for the current dry spell in the country.

Addressing a poorly-attended clean-up campaign programme in Kuwadzana — where Chamisa was once MP — Mnangagwa jokingly said he would not hesitate to deploy the army to beat up the residents for causing the prolonged dry spell.

“If we hear that it was the people of Kuwadzana who are causing the rain not to fall, we would simply say army, team up and let’s beat them,” he said.

Although meant to be a jest, the Zanu PF leader’s remarks were particularly chilling especially in light of how the military has been used to crush dissent following Mnangagwa’s rise to the presidency.

The army is generally feared in Harare’s high-density areas of Glen View, Kuwadzana, Kambuzuma and Warren Park which were put under lockdown by soldiers during the August 1, 2018 BY
post-election demonstrations and January 14 to 16 2019 fuel hike protests.

MDC leader Nelson Chamisa said the joke was proof that Mnangagwa used the army as a tool of choice to cow down citizens.

“He believes that whenever there is a problem, violence is the solution. He believes that whatever he perceives to be a problem manifesting itself, there must be crushing. Why would you bring in the military on people you think have caused rains not to fall? This clearly tells you that he has a hammer approach to every problem. Not every problem needs a hammer. At times you also need to be pacific and talk to people and engage people,” the opposition leader said.

“A president cannot afford to have such light moments of threatening to bring soldiers into the high-density areas to beat up people for whatever reason. A president cannot afford to make such jokes. When you invoke the involvement of the army, when you invoke the involvement of a presidential voice on such a particular issue, you are actually giving it and assigning seriousness and you can’t possibly joke with such issues because those are the things that then form the physic of a nation.”

Chamisa said violence should never be part of how the country should transact its politics because it was never a solution.

“Violence and force can’t be at the core and centre of how we engage with one another as citizens. If there is a problem, violence is not the solution. If you continue to propagate violence, ultimately you also invite it upon yourself,” he said.

Exiled former Zanu PF politburo member and Cabinet minister Jonathan Moyo took to Twitter to register his anger over Mnangagwa’s joke: “What a violent and unpresidential disposition. Your (Nick Mangwana) boss is scaling new heights in the open-mouth shut-mind politics.”

Social and political analyst Rashweat Mukundu said Mnangagwa’s statements reflected the character of his administration.

“People tend to say the truth and reveal who they are in unguarded moments and this reference to soldiers being sent to beat up civilians and coming as naturally from ED as it did betrays the President as a person with a penchant for violence and contempt for the suffering that Zimbabweans have gone through at the hands of the military,” he said.

“It appears that violence is the default position of ED when faced with criticism and opposition and this makes the Motlanthe Commission a laughable matter because the instinct of the most powerful person in Zimbabwe is still to unleash soldiers on civilians.”

But Information permanent secretary Ndavaningi Mangwana said it was just a light-hearted exchange between the President and Kuwadzana residents, now being taken out of context for political mileage.

According to an independent commission appointed by Mnangagwa and led by former South African President, Kgalema Motlanthe, the army used unproportioned force, firing live ammunition to unarmed demonstrators during the August 1, 2018 violence, killing six and injuring 22.

The Zimbabwe Human Rights Commission and Amnesty International in detailed reports of the January 14, 2019 fuel hike protests also fingered the army for leading a violent crackdown on protesters, amid reports that soldiers raped women in the high-density areas during deployment to stop the demonstrations.

Speaking during the same campaign, Mnangagwa urged citizens to avoid eating meat — which has become increasingly expensive under his administration, saying residents should instead opt for vegetables.

“You should eat vegetables, they are recommended by doctors. Doctors want you to eat vegetables so that you stay healthy. Meat is not good at all. We have differed there; I listen to doctors, so I eat vegetables. They said vitamins are found in vegetables and potatoes. You see,” Mnangagwa said amid grumbling from the crowd.

In response to the call, New Patriotic Front (NPF) president Tendai Peter Munyanduri said, in a statement, it was shocking that Mnangagwa now wanted citizens “to eat grass like cattle”.

Munyanduri — whose campaign manifesto included ensuring that Zimbabweans will have “at least an egg, bacon and milk at every breakfast” — said it would be unhealthy for people to solely rely on vegetables.

“Why did Mnangagwa not promise grass as food for Zimbabweans in his 2018 election manifesto?” he quipped.

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