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.

BY BRENNA MATENDERE

MKOBA legislator and MDC party national organising secretary, Amos Chibaya, on Sunday dished out food hampers to the elderly and threw an end of year party for the constituency.
At least 100 senior citizens received hampers comprising basic commodities such as rice, cooking oil, sugar and soap.

People from lower age groups drawn from all the wards in Mkoba also thronged Mkoba 1 Secondary School, where they were treated to freebies at the end of year party, where a beast was slaughtered.

Several MDC standing committee members who included secretary for elections, Jacob Mafume, party national youth chairperson Obey Sithole, transport secretary Settlement Chikwinya, deputy-treasurer general Lillian Timveous and Midlands provincial chairperson Josiah Makombe attended the festivities.

In a short address to the gathering, Chibaya said the year had been tough for everyone due to the worsening economic crisis, but he emphasised that there is need for people to sacrifice and bring smiles on faces of the most hard-hit citizens.

“It is not like I am someone who has a lot of money. We are all struggling to make ends meet. However, I had to sacrifice and ensure that at least our elders have something to put on the table on Christmas day. It was important that we also gather as a constituency to make merry so that we remain hopeful of better days,” he said.

Chikwinya told the gathering that as MPs, there was need to be constantly touching base with the grassroots supporters.

“We have had cases of MPs who just disappear from the constituency once they are elected. Today, it has been a reminder that an MP must find special time for his people. I am happy MP Chibaya has led by example. Things are hard due to economic challenges, but we must be optimistic of change. As the MDC, it is that change which delivers that we are fighting for,” he said.

Gogo Hardlife (71), from Mkoba 12, told Southern Eye that all her children had relocated to South Africa in search of greener pastures, and she had not heard from them in the past five years, which made the handouts significant for her.

“It has not been easy for me and my six grandchildren. Sometimes we survive on one meal a day. The food hampers will be very useful to us,” she said, almost breaking down into tears.

BY STAFF REPORTERS

THE opposition MDC says it is committed to “real dialogue” to solve the political and economic crises in the country, but will not be part of President Emmerson Mnangagwa’s Political Actors Dialogue (Polad).

Mnangagwa has been holding talks with leaders of fringe political parties that took part in last year’s elections to try to resolve the country’s political and soci-economic crisis, which continue to worsen.

MDC deputy spokesperson Luke Tamborinyoka told NewsDay: “Polad is a political graveyard judging by the paltry votes garnered by all of its members, starting with Mnangagwa himself, whose votes Zec (the Zimbawbe Electoral Commission) whittled down a record three times.

“The collective position of all sane Zimbabweans is the position taken by president (Nelson) Chamisa, which is to snub such comedies at a time citizens are suffering. That Mnangagwa continues to talk about Chamisa betrays the real character that Zimbabwe needs for the country to move forward.”

Zanu PF and MDC leaders appear to be taking positions ahead of the expected return of former South African President Thabo Mbeki before the end of the year to push for talks to end the economic crisis.

Mbeki in his visit last week in Harare held meetings with the two protagonists in Harare as well as other political, civic society and church leaders.

However, Mnangagwa at the weekend told a meeting of his Polad partners at his farm in Kwekwe that he would not dialogue outside the forum.

“Mnangagwa cannot be the convener of an honest and sincere and credible dialogue. That gathering at his farm is a charade. We are talking here of unity of the people and not the unity of leaders over a bottle of whisky,” Tamborinyoka said.

“The people are suffering and this Polad political soliloquy has been on-going endlessly with no respite on the lives of the people. It is a self-serving charade. With that troop of political nonentities, Polad is akin to whistling in a political graveyard.”

MDC spokesperson Daniel Molokele weighed in, saying: “We are not interested in joining Polad. We are very clear that Polad is not a credible process. Chamisa is not in any political wilderness. He is the most relevant politician right now and is taking a principled stance in the interest of the people of Zimbabwe. The MDC itself is very happy not to be associated with Polad.”

Analysts who spoke to NewsDay yesterday called Mnangagwa’s dialogue platform a waste of time and resources if it does not involve Chamisa, the leader of the largest opposition party.
Political analyst Alexander Rusero also described Polad as a charade that Mnangagwa created.

“You can’t sit around with a bunch of electoral losers and pretend to be talking and in the process, leave out your main rival,” Rusero said.

“For starters, it is Mnangagwa who is setting the pace, agenda and at times venue to conduct the ‘dialogue’ meetings. That must not be the case. Real dialogue with real players will come, only after Zimbabwe has reached the mutually hurting stalemate like what happened in 2008.”

United Kingdom-based Zimbabwean lawyer and political analyst Alex Magaisa said attempts to trivialise Chamisa’s consent to dialogue were futile.

“They have already tried it with the Political Actors’ Dialogue. Without the biggest opposition leader, Polad was a sham from the beginning,” Magaisa wrote on his blog on Saturday.

“It has since proved to be no more than a group of enablers desperate to align with Mnangagwa and using attacks on Chamisa and the MDC Alliance to buy their way onto the gravy train.

Polad was presented as an inclusive dialogue, but for Mnangagwa, it is just a platform to trivialise and dilute his main rival, Chamisa.”

He added that Chamisa would lose credibility among his party’s followers if he joins Polad, adding even if they gave it a new name, it would still be foul.

Notwithstanding the criticism, Polad on Sunday presented a list of what they termed the successes of the platform, which observers described as shameful.

Polad listed, among its success stories, a visit to the Cyclone Idai-ravaged Manicaland province, where together with Mnangagwa they toured affected areas.

Manicaland was early this year hit hard by Cyclone Idai, which left 634 people dead and 257 missing.

Polad only visited together with Mnangagwa to witness the handover of donations and listing that as an achievement was largely criticised by observers.

“The visit to Cyclone Idai by Polad delegates led to conscientisation of the nation about the problem and the need for urgent intervention by different stakeholders,” the report to Mnangagwa by Polad read.

“The coming together of political actors under one banner and the official launch symbolised unity of purpose,” Polad said.

The dialogue platform also listed an interface it had with the Finance and Industry and Commerce ministers as well as Reserve Bank of Zimbabwe governor and other government officials as a success.

Among other “success stories” mentioned by Polad was its participation in the anti-sanctions march in Harare.

Magaisa, however, criticised the so-called achievements, saying: “Mnangagwa’s Polad lists its ‘achievements’ in 2019. They even claim credit for ‘conscientisation of the nation about (Cyclone Idai)’ apparently because of their ‘visit to Cyclone Idai’. They obviously have an exceedingly generous estimate of their role and relevance. Deluded!”

Also listed as a success was the participation by Polad members in Mnangagwa’s clean-up campaign held every first Friday of every month.

— (Everson Mushava, Moses Matenga, Brenna Matendere, Nqobani Ndlovu)

BY KENNETH NYANGANI

RUSAPE residents have raised concern over the cruel manner in which the local authority is putting down stray dogs, that council is saying are a health threat.

Rusape Town Council (RTC) mayor Lyton Sithole confirmed the operation to NewsDay yesterday, saying they would not stop until residents comply with by-laws.

However, some residents claim that they have lost their vaccinated dogs in the operation.

“Currently, I don’t have a figure of how many dogs have been shot, but the operation of eliminating stray dogs is ongoing until we are satisfied that all our residents are complying with the laws,” Sithole said
“Currently, I am yet to receive a complaint from any dog owner. Maybe they will come.”

Rusape Concerned Residents Trust member Godfrey Mufuranhewe said dogs were being killed in an inhumane manner.

“(The) operation of killing stray dogs is going ahead. Yesterday (Saturday), they killed my dog at the gate. It was very unfortunate my dog died a painful death. I think the method of elimination is inhuman. They are supposed to use traps not bullets,” he said
“My dog Blackie was vaccinated a few months ago. It was a good dog, they killed a pet with good communication skills, friendly to my children. The method of elimination lacks accuracy.

How can you shot a dog three times? It affected me, even my neighbours. Why shoot my dog less than a metre from my gate.”

Another resident said council should change the way it is putting down dogs.

But another resident, Resident Tapiwa Murombo, welcomed the move, saying his wife was once attacked by a stray dog.

“I welcome the move by RTC because recently my wife was bitten by a dog while she was coming from work. So keep your dogs inside your fence or security walls,” he said.

BY REX MPHISA

BEITBRIDGE police at the weekend busted a syndicate that manufactured fake border process documents, denying the government substantial revenue.
A security guard employed by National Eye Security intercepted a tout providing a traveller with a fake temporary import permit (TIP) documents, leading to the arrest of some bogus shipping agents who manufactured the fraudulent papers.

The officer commanding Beitbridge Police District, Superintendent Tichaona Nyongo confirmed the arrest.

“I can confirm I heard about that and our CID team is investigating the case,” Nyongo said.

Taking advantage of holiday crowding, scores of unemployed youths descend on the border post at this time of the year posing as clearing agents.

They sell fake documents to unsuspecting motorists.

On Friday, one such youth was caught red-handed and led a combined team of border officials who included the Zimbabwe Revenue Authority (Zimra) and police to his handlers.

Meanwhile, some stakeholders at the border post have said eradication of touts, pickpockets, beggars and other undesirables from the area will remain a challenge.

The undesirables blend in with large numbers of plain clothes members of the anti-smuggling unit detectives and several officers from government employed at the border post, causing problems.

Unlike the South African side of the border post, where only uniformed staff work there, the Zimbabwean side has plenty of officers who have been accused of duplicating the roles of Zimra officers.