BY NQOBANI NDLOVU

ZAPU has said the country’s dire socio-economic crisis has outrun political populism and is calling for a national transitional governing authority (NTGA) to right the ills facing the nation.

Sky-high prices of basics have taken away the Christmas cheer from millions of Zimbabweans at a time the El Niño-induced drought is also stalking the nation.

President Emmerson Mnangagwa has, however, said the austerity policies have been dumped to usher in a time of prosperity for many, but Zapu said there is no hope without a NTGA.

“It must be clear to all and sundry that the economic situation has outrun political populism just as it has done so. With the military back up of certain individuals. The solution will have to be based on a national consensus that is all inclusive,” Zapu presidential spokesperson Mkhululi Zulu said.

“We have said it before that the prevailing socio-economic meltdown cannot be solved by political party affiliations or party memberships. We are astounded that this has fallen on deaf ears, particularly of those currently believing to be political gurus in our country hence awarding themselves the prerogative to solve the problem.”

Zapu also ruled out the implementation of political and economic reforms without the NTGA.

“It is only this NTGA that can facilitate free, fair, credible and acceptable elections. It has been very clear from the very onset that the current governance system will lead to the current socio-economic nightmare. This win-at-all cost attitude with one emerging as the most powerful has these disastrous repercussions where as a nation there is no national consensus on many issues,” Zulu said.

“We cannot be part of a global community if we have a government that chooses to have its own definitions of socio-economic normalcy just because the political leaders are militarily installed, backed and savagely protected even as they squander national resources.”

BY DARLINGTON MWASHITA

FOUR employees at K&M Mine syndicate in Rosebank, Bubi district, Matabeleland North province last week appeared in court facing allegations of stealing six tonnes of gold ore from their employer.

Nyarai Mkandla (27), Nchobeni Mudenda (26), Brian Ncube (19) and Jefter Garu (22) were not asked to plead to theft charges when they appeared before Bulawayo magistrate Nomasiko Ndlovu on Thursday.

They were remanded in custody to January 3.

The court was told that Mkandla, Mudenda, Ncube and Garu left their workplace on December 13 following an annual shutdown of the mine.

Acting in common purpose with other accomplices who are still at large, they then went back to the mine armed with machetes and using a vehicle which has not described.

They allegedly assaulted the mine co-owner, Milton Mathe and three employees several times all over their bodies.

Mkandla, Mudenda, Ncube and Garu allegedly loaded gold ore into empty cement bags and forced Prince Fuzani, an employee to load it into their vehicle. It is the State case that they also took Mathe’s generator.

The court was told that after looting the gold ore they sold it to millers.

The total value of stolen gold ore and the generator is US$19 000 and nothing was recovered.

A report made to the police led to the arrest of the four.

BY SPORTS REPORTER

NEWSDAYSport has once again reaffirmed itself as the best in sports reporting after its senior reporter Henry Mhara won the best sports journalist of the year award in print media at the Sports Journalists Association (Spoja) ceremony held in Harare last Friday.

Mhara, a multiple award winner, beat competition from other reporters from rival media houses to win the award, held to honour the most outstanding sports journalists in the land.
In their third year running, the awards were this year sponsored by Exide and Multimedia.

Excelling journalists from the electronic and online media and photographers were also rewarded.

“The awards honour journalists who have done outstanding work throughout the year in the print, electronic, multimedia as well as video and photography. This dovetails with one of Spoja’s key objectives of honouring media practitioners for their contribution to the development of sport in Zimbabwe. The awards are the country’s most prestigious sports journalists’ competition,” Spoja chairman Ian Zvoma said.

The prestige of the Spoja awards, Zvoma said, was anchored on the high calibre of the judges, with the country’s sports editors sitting on the adjudication panel.

The chairman of the adjudication panel, Steve Vickers said they were impressed with the submissions they received this year, and had a tough time to pick the winners.

Apart from the awards, Spoja also officially-handed certificates to journalists who successfully completed Level Two Football coaching course this year, which was facilitated by the association, which represents the interests and welfare of sports journalists in the country.

Mhara said he was humbled to receive the award. “It’s a great honour and I’m happy to be recognised for the hard work that I’m putting to grow sport in the country. Credit also goes to my workmates, for my success is theirs too.”

Mhara, who was named the first runner-up last year, has won other awards before, including the Zimbabwe Union of Journalists’ sports reporter of the year in 2016. In the same year, he came second in the prestigious African Fact-Checking Awards, one of the top awards on the continent. The award honours the best investigative fact-checking story carried out by African journalists, reporting that exposes misleading claims made by leading public figures across the continent.

Mhara was also a runner-up in the Regional Annual Sports Awards in 2017.

Spoja awards winners
Sports journalist of the year print media award winner: Henry Mhara (NewsDay)
First runner-up: Langton Nyakwenda (Sunday Mail)
Second runner-up: Godknows Matarutse (Daily News)
Sports journalist of the year electronic media award winner: Yvonne Mangunda (StarFM)
First runner-up: Francis Nyamutsamba (Zbc)
Second runner-up: Lawrence Trusida (Classic263)
Photographer of the year: Wilson Kakurira (ZTN)
Videographer of the year: Wilson Kakurira (ZTN)
Multimedia journalist of the year: Yvonne Mangunda (StarFM)
Emerging journalist of the year female: Blesssing Malinganiza (H Metro)
Emerging journalist of the year male: Clayton Shereni (TellZim)

BY MISHMA CHAKANYUKA

The black market for foreign currency is driving business in the country, with nearly all businesses and travellers in Zimbabwe obtaining their requirements from the illegal market, a survey by the Anti-Corruption Trust of Southern Africa (ACT-SA) has shown.

The government set up an interbank market in February this year for foreign currency trade, but the platform has been hit by shortages of hard currency.

In its survey titled Government’s failure to restore sanity in the financial sector: A case of illegal money changers, ACT-SA said travellers and businesses acquire foreign currency from the black market, even though they know it’s illegal.

“Considering that 100% of the respondents obtained foreign currency from the black market, a follow-up question, was asked on whether they were aware that buying from the black market was illegal. Again, all the respondents (100%) pointed out that they were fully aware of the illegal nature of transacting at the black market,” ACT-SA said.

“That said, they have no choice since their banks do not give foreign currency. Another follow-up question was asked on why businesses and travellers, among others, prefer buying foreign currency from the black market than banks and bureau de changes.

“This was testified by 50% of the respondents, while another group of respondents feel that there is no paperwork and questions asked at the black market than at local banks and bureau de changes.”

ACT-SA added that one of the reasons for illegal money changers not being arrested is that the majority of them are politically linked.

“Regardless of the illegal nature of the black market, the participants are not arrested. The research sought to understand, why there were no arrests against illegal money changers, among other players in the black market,” the report read.

“A significant majority (60%) pointed out that illegal money changers are politically connected and, hence, are not being arrested. There are no arrests because of the fact that there is no law outlawing the changing of money in the streets.”

The research also showed that the law enforcement agents were to blame for the existence of the black market because of inaction or the turning of a blind eye to the illegal activities.
For example, the survey under review highlights how in May the police raided offices reportedly belonging to Neville Mutsvangwa, the son of Information minister Monica Mutsvangwa and former presidential adviser Chris Mutsvangwa, and found
US$200 000.

Despite this, it was the four detectives who had raided the office who were arrested for under-declaring the money seized.

The case of Neville, who has long been alleged to be a major foreign currency dealer, spilled into Parliament the following month.

ACT-SA recommended that relevant authorities should strengthen laws dealing with illegal money changers and that local banks should give foreign currency to entities and individuals who only need it for business outside the country.

Commenting on the issue, economist John Robertson said banks should be disciplined in order to get rid of the black market because they are the ones who are sustaining it.

“The banks have to be disciplined; they are the ones sustaining the black market. Some of the banks are complicit on the issue of foreign currency exchange rates,” he said.

“The black market has become a serious problem causer in this country as it has contributed to the rise in inflation, increases in prices and rise in everyone’s cost of living. It has also caused distortion in tax revenues and has led to reduced investor confidence in the country.”

guest column:Learnmore Zuze

IT IS becoming apparent with the passage of every day that the much-hyped talks between Zanu PF and MDC Alliance remain just but a storm in a teacup. The hype keeps harping on the talks, but little remains in the way of action and what exactly is to be achieved by this national dialogue or its discourse.

Zimbabweans easily rank as the most troubled souls in southern Africa for the past two decades due to a cocktail of political and economic crises. At this juncture, Zimbabwe can no longer continue to have “talks about talks” when the country has been engulfed by flames.

The subject continues to ring with indignation in various media, but it is imperative that a holistic approach is adopted.

The tattered economy raises emotions and naturally people would want to see stability in the economy at the soonest possible moment, but the question remains as to whether two ideologically opposed political parties can form a functional government.

The Political Actors Dialogue must be vehemently opposed if its only objective is to provide succour to failed political parties. What Zimbabwe needs are real influential principals who would propel the nation towards the urgently needed stability.

Former South African president Thabo Mbeki was recently in the country, but what we still have are “talks about talks” which Zimbabweans can barely afford to entertain at the moment.

Various entities continue to chorus the pressing need for the MDC Alliance leader Nelson Chamisa and incumbent President Emmerson Mnangagwa to meet in dialogue. Feeling the pinch, even business executives in the country have called for a national dialogue to address the challenges facing the country. The United States, early this year added its voice, saying the talks should be mediated by a neutral arbiter. In the opening remarks of the 6th CEO Africa Roundtable conference in Victoria Falls this year emphasis was made on the need for collective action to address the country’s challenges.

Church leaders as well have voiced the urgent importance of the talks as the economy titters on the brink of collapse.

The MDC Alliance has consistently failed to meet for the purported dialogue outlining conditions before the commencement of dialogue.

It is undeniable that the country’s challenges need to be addressed collectively, but it doesn’t seem to be occurring to those calling upon this initiative what exactly is meant to be achieved by this much talked about dialogue. Are governments of national unity sustainable? How far can they go? Do they offer lasting solutions?

Dialogue is very critical, but it is more critical to appreciate what precisely the point of the talks is. Could it be that both principals are aware of the futility of dialogue leading to the feet-dragging? Do the talks seek to amalgamate the major political parties as happened between Zanu PF and PF Zapu in 1987? Is the objective to have a Government of National Unity (GNU) as happened between Zanu PF and MDC-T in 2009? Many people in modern times will recall the stability that immediately followed after Tsvangirayi consented to the GNU, but the burning issue is how long it lasted. The framework for the called-for dialogue between Mnangagwa and Chamisa seems vague; the only thrust is on economic revival, but how exactly should this be achieved given the gigantic political ideological differences between the two parties?

Already, in an apparent show of how this dialogue is likely to end, Nelson Chamisa, at one time, described the proposed dialogue as “meaningless” insisting that Mnangagwa’s government should halt the arbitrary arrests and persecution of his party members.

While we may all clamour for dialogue between Chamisa and Mnangagwa, it is vital that we start with the end in mind. Chamisa and Mnangagwa wield polar opposite political ideologies and it is precisely this fact that the talks may work in the interim, but troubles are sure to follow as happened between the late former
Prime Minister Morgan Tsvangirayi and deposed late President Robert Mugabe.

Under intense pressure, Tsvangirayi forged an alliance with Robert Gabriel Mugabe, but the deal went awfully wrong along the way. Tsvangirayi, as the chief minister in Government, was disrespected by Mugabe’s ministers.

He kept being insulted. Without clarity as to purpose, we risk having a replica of the scenario which played out in the so-called “marriage of convenience” between Tsvangirayi and Mugabe. The process did not start with the end in mind.

Zimbabwe has been here before; they have seen it all. Zimbabweans know what GNUs finally lead to. The road is littered with impediments.

The rivalry between Mugabe and Tsvangirayi came back renewed with vigour after the collapse of the GNU. It is for this reason that a plausible objective must be set out regarding the dialogue.

Zimbabweans have suffered for a long time and no longer need piecemeal solutions to their prolonged suffering.

If this dialogue is to have meaning and yield a positive outcome, then there is more that should be looked at than simply the urgent need to stabilise the economy. The culture of having State resources being used to repress the masses must truly end.

BY TATIRA ZWINOIRA

GOVERNMENT finally enacted the Consumer Protection Act (Chapter 14:14) which seeks to enforce and protect consumers in an environment in which “rent seeking” is on the rise.
In Zimbabwe, rent-seeking behaviour has caused the monthly cost of living to exceed $4 000 for a family of six and continues to rise.

The Act, enacted on December 10, 2019, will curb some of the rent seeking behaviour through the Consumer Protection Commission (CPC), penalties, introducing guidelines for e-commerce, and enforcement of consumer rights.

CPC will essentially promote, enforce and protect consumer rights in the country.

“The Commission shall consist of the chief executive officer, who shall be an ex officio member and 12 other members appointed by the minister after consultation with the President,” part of the Act reads.

The minister referred to in the Act is the Industry and Commerce one, currently under Sekai Nzenza.

“The Act also makes provision for enforcement of consumer rights in addition to recourse to courts of law, both civil and criminal. These include a Consumer Protection Commission, Consumer Protection Advocacy Groups, provision for other consumer protection organisations and consumer protection officers,” local legal think-tank, Veritas, said in an analysis of the Act.

The powers of the CPC covers a variety of aspects regarding consumers.

These include protecting consumers from unconscionable, unreasonable, unjust or otherwise improper trade practices; as well as deceptive, misleading, unfair or fraudulent conduct; promote fair business practices; co-ordinate and network consumer activities and liaise with consumer organisations and the competent authorities and agencies locally and outside Zimbabwe to protect consumer interests.

Other key functions include providing consistent, accessible and efficient system of consensual resolution of disputes and redress arising from consumer transactions; negotiate and conclude undertakings and consent orders; and issuing and enforcing compliance notices.

“The Commission may issue a compliance notice on any producer, distributor, supplier, wholesaler or retailer of goods or services concerning an actual or alleged prohibited conduct regarding any safety provisions or the safety and quality of goods or services,” reads part of the Act.

The CPC will also be able to “receive complaints concerning alleged prohibited conduct or offences, and deal with those complaints; investigate and evaluate alleged prohibited conduct and offences; maintain a record of and publish annual reports on consumer complaints and the outcomes of any hearings; encourage and assist governmental and official organisational support to further the interests of consumers and consumer organisations”.

“Refer to the Competition Commission or any other relevant authority any concerns regarding market share, anti-competitive behaviour or conduct that may be prohibited in terms of the Competition Act [Chapter 14:28] or other relevant Acts; co-operate with other consumer protection authorities to obtain redress across borders for consumers affected by fraudulent and deceptive commercial practices.

“Promote international co-operation in the comparative testing of consumer goods and services and facilitate exchange of test methods, plans and results; recommend the effective implementation of this Act and any other laws affecting consumers,” part of the Act reads further.

The idea behind these measures is to empower the commission to deal with errant businesses who engage in anti-consumer practices.

Penalties against anti-consumer practices
For a long time, many consumers have complained to government or the CCZ of being unfairly treated by businesses.

Under sections 78 to 81 of the Act, penalties against anti-consumer practices have been introduced to target such businesses.

The Act makes it an offence for any business to disclose confidential information of a consumer. It also makes it an offence for any business or person not to comply with the CPC.

Further, the Act lists an administrative fine in respect of prohibited conduct of “two and a half per centum of the respondent’s annual net profit during the preceding financial year; or any amount the court may determine” following a dispute.

Employees and agents who work for suppliers of goods or services are also protected in the Act.

“If an employee or agent of a supplier of goods or services is liable in terms of this Act for anything done or omitted in the course of that person’s employment or activities on behalf of their principal, the employer or principal is jointly and severally liable with the employee or agent,” the Act further reads.

Establish guidelines for e-commerce
Following the rise in the mobile penetration rate, currently at 88,2% as at the end of the third quarter of the year, retailers are increasingly seeking ways to more into e-commerce.

Over the past few years, some of the created big online shopping platforms include Ownai and Hammer and Tongues Online Shopping Mall.

“We benchmarked the Consumer Protection Act with international guidelines as well as best practice in other regional countries that have already moved forward and enacted the Consumer Protection Act like South Africa which had a more advanced Consumer Protection Act,” CCZ chairman Philip Bvumbe told NewsDay Business.

“We have taken into account the amendments that were made especially the area of sustainability and consumption and the area of e-commerce.”

Under section IV, it established consumer protection for online shopping that basically hold the website responsible and liable for consumers shopping on e-commerce websites.

Under this section, a consumer is advised to have full information on the products being sold or hired online.

This section also entitles a consumer to cancel without reason and without penalty “any electronic transaction and any related credit agreement for the supply of goods or services within seven days after the date of the receipt of the goods or the conclusion of the agreement; provided that the only charge that may be levied on the consumer is the direct cost of returning the goods”.

Often, online platforms put a fee if a consumer wants to cancel a purchase or transaction which is why the Act now limits this cost to the return of goods, only.

Enforcement of consumer rights
“Any of the following persons may, in the manner provided for in this Act, approach the Commission, designated consumer protection organisation or court alleging that consumer’s rights in terms of this Act have been infringed, impaired or threatened, or that prohibited conduct has occurred or is occurring,” the Act further states.

Basically, consumers now have the power under this section to report any wrong behaviour they may have experienced which can lead to legal consequences.

The section essentially allows any person who has failed to have their dispute resolved through alternative dispute resolutions to approach the CPC.

Further, the Act gives the CPC the power to prohibit a respondent, who has been reported and is being investigated, from supplying, or from offering to supply goods or services for a specified period as punishment.

“Any person issued with a notice in terms of section 68 may apply to the court in the prescribed manner and form to review that notice within fourteen days after receiving the notice.

After considering any representations by the applicant and any other relevant information, the court may confirm, modify or cancel all or part of a compliance notice,” the Act reads.

Section 68 refers to compliance notices.

Lastly, the CPC is given the powers to appoint investigators to investigate any reports they may receive from the consumer regarding a trading business as well as to issue summons to the business.

Concerns of the Act
While the Act has been praised by the CCZ, Veritas has raised a few concerns.

“Suppliers and consumers of goods and services should be aware that many provisions of the Act are already operational – such as the Part spelling out Fundamental Consumer Rights and the part applicable to electronic transactions. These provisions apply to most transactions for the supply of goods or services occurring on and after December 10 between suppliers and consumers,” Veritas said.

“Some transactions are exempted by section 3 — for instance, those in which goods or services are supplied to the State or to large companies and other juristic persons big enough [how big is still to be prescribed by the responsible Minister]; these consumers can be considered capable of protecting their own interests when entering into transactions.”

Despite this, Veritas concluded that the protection enjoyed by ordinary consumers, however, will be improved by the provisions found in the Act.

editorial comment

Picture a young woman writhing in a grassy ditch alongside Latchmore Road in Harare’s Mabelreign, her thin arms either flailing in the air or clutching her lower belly.
Legs raised wide apart she thrashes in desperation, gnashing her teeth and growling as wave after wave of pain shook her small frame.

Helpless women stood there trying to figure out what to do. Eventually they managed to establish that the young woman was about five months pregnant and was on her way to church for prayers. After a while and more screaming, a small pink mass eventually comes out of her.

That was the scene last week and speaks of the delicate situation Zimbabwe finds itself in. The fight between advocates of liberal abortion laws and those for the fetus’ right to life has raised some serious questions on sexual reproductive health rights as well as a woman’s right to make her own decisions about her body.

Anti-abortion crusaders agitate for the curtailing of access to abortion, while prochoice proponents maintain that the termination of pregnancy (ToP) should be widened to ensure more women can safely terminate in the presence of qualified personnel.

It is no secret that Zimbabwe is one of the countries with a high burden of teen pregnancies, many of which end in illegal abortion.

Most of these abortions are done out of financial considerations, particularly for the poor school going young women.

Women of poorer backgrounds are more likely to seek abortions because socio-economic concerns are among the top reasons to end a pregnancy.

A woman with financial means can afford high-quality reproductive care and its connected costs, like travelling to a provider or paying for the procedure. It is women who have less money and less job security, or live in rural areas, far from providers, who would be most affected by the State’s limitations.

This brings in the issue of a just and fair society. It is apparent the playing field is tipped towards those with the means, while the other woman has to be content with backdoor concoctions which include washing powder, disinfectants and having unsterilised blunt objects shoved into their wombs.

The young woman in Mabelreign almost lost her life trying to terminate her pregnancy using unorthodox means. This was because no woman in Zimbabwe can just walk into a clinic and demand an abortion. She needs to be granted a court or medical report to that effect.

The ToP specifies that only rape survivors and those whose lives are at risk, as determined by a doctor, can access abortion, while the rest are forced to keep the pregnancy.

But even these are not entirely safe because the process to get permission is cumbersome and many have actually been forced to carry the pregnancies to full term.

A classic example is that of the Chegutu fuel attendant who was gang raped and after falling pregnant failed to get the order to terminate on time. So the law actually did not work now, did it. She sued and won the case.

Putting restrictions on abortion has actually fuelled backdoor surgeries which, unfortunately, are contributing a third of the maternal deaths in the country.

That close to 70 000 illegal abortions are carried out yearly is cause for concern and warrants open-minded discussions void of moralistic perceptions.

Sexual reproductive health rights will remain incomplete for as long as the debate on abortion is still considered a high- wire act often guided by ethical, moral and religious reasons than glaring facts.

Challenges to these restrictive laws typically call for affirming a woman’s right to make her own decisions about her body.

Discussions on whether fetuses are humans and whether they deserve rights distract from the core issue of when a pregnant person’s right to terminate a pregnancy outweighs a fetus’ right to life.

BY SIMBARASHE SITHOLE

A FIELD orderly at Camsasa Clinic in Guruve was last week arraigned before the courts for possession of two elephant tusks.

Last Chaatama (39) pleaded not guilty to the charge and was remanded in custody to December 31 by Guruve resident magistrate Shingirai Mutiro.

Prosecutor Albert Mazhindu alleged that on December 17, a team comprising Zimbabwe National Parks and Wildlife Management Authority officials and police officers were tipped that Chaatama had some ivory and they visited his homestead at night.

On arrival, they found a minor who advised them that the accused was not at home.

The team conducted a search at the residence in the presence of the minor and found the ivory weighing 4,8kg valued at US$1 200 hidden in a sack in a tobacco ban.

The minor told the officers that the ivory belonged to Chaatama, who was later apprehended.

In another case, a 19-year-old Chiweshe robber was sentenced to four years in jail by a Concession magistrate for robbing two women of cash.

Takudzwa Banda, of Mupandenyama Village in Chiweshe, was convicted by magistrate Nyasha Machiriori, who conditionally suspended two years of the
sentence.

Prosecutor Kumbirai Nyamvura told the court that on September 24, Banda and two accomplices assaulted Shylet Midzi and Caroline Midzi before snatching a handbag, which contained some money and three cellphones.