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Council wins order to demolish 229 co-op houses

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BY CHARLES LAITON

MORE than 250 families belonging to six housing co-operatives based at Crowborough Farm in Harare are set to be evicted and their houses demolished after their application seeking to bar the City of Harare from removing them from the property recently hit a snag.

Some 229 co-operative members had appealed to the High Court for recourse after their executive members allegedly colluded with the City of Harare and obtained an order by consent authorising the eviction of all the members from the farm and the demolition of their houses.

High Court judge Justice Pisirayi Kwenda heard the matter on November 12, 2019 and dismissed it.

One V Mazhetese appeared for the families.

According to the court papers, the affected housing co-operatives are Igarwe, Tatakura, Nyabira, Pastors, Vanhuvatema and Ideal Homes.

One member of Igarwe Housing Co-operative, Brian Muzembe, who deposed an affidavit which was filed alongside the urgent chamber application, said he was shocked when he received the news of evictions and demolitions from their councillor, adding that none of the executive members of all the co-operatives had alerted their members of what they had agreed on with the Harare City Council.

Muzembe said he, together with the 228 others, bought the stands in 2014 and were encouraged to put up structures on their stands while waiting for the regularisation of the stands.

Muzembe further said it had been suggested that all the co-operative’s stands were pegged illegally on the council’s land and that the occupants had erected structures on top of the council’s water pipes.

War veterans, minister clash over land

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By SIMBARASHE SITHOLE

War veterans in Mashonaland Central province have accused Provincial Affairs minister Monica Mavhunga of allegedly grabbing land from stalwarts of the liberation struggle and re-allocating it to people perceived as her allies.

Mavhunga recently prematurely ended a provincial lands committee meeting in Bindura after provincial war veterans’ leader Sam Parirenyatwa confronted her over the issue, which he alleged bordered on corruption.

Parirenyatwa this week could neither confirm nor deny the incident and referred all questions to Mavhunga.

“I am not mandated to speak to the Press on land issues, but instead, you can ask the chair (Mavhunga). I guess she is in a better position to answer to that,” Parirenyatwa said.

Mavhunga has, however, not been answering her phone for the past two days and also had not responded to questions sent to her.

NewsDay has it on good authority that one of the cases brought up by Parirenyatwa during the meeting was that of a land dispute between Patrick Mashayanyika and Charles Make, a son to the late war veteran Joshua Make, who was popularly known as Chenjerai Mukubwa.

Mashayanyika, an alleged ally of Mavhunga, is reportedly trying to eject Make, with the backing of the minister, from subdivision 10 of Bellevue Farm in Mazowe.

The dispute has since spilled into the courts and is expected to be heard at Concession Magistrate Courts under case number C 32 at a date yet to be advised.

Some war veterans who spoke to NewsDay said they resolved to protest against Mavhunga after Parirenyatwa was removed as one of the signatories of the lands committee.

“We are fed up with Mavhunga who is sidelining us and our departed heroes’ children in as far as land is concerned,” one of the war veterans, who requested anonymity, said.

“She managed to remove our leader as signatory in the lands committee. Now it is only herself, the provincial administrator Cosmas Chiringa and the Zanu PF Mashonaland Central chairperson Kazembe Kazembe who can sign to approve land allocations, but these are people she can easily manipulate.”

The war veterans said the ex-freedom fighters met in Guruve recently and agreed to stage protests at Mavhunga’s Mutungagore government offices in Bindura.

“We are hoping to lock her office until our concerns are addressed,” said the war veteran.

In June, Mavhunga was caught up in another land storm when she reportedly directed the chief lands officer in the province to withdraw an offer letter to one of the most productive farmers in Centenary to pave way for a relative. The farmer, Garikai Jacobs, has transformed his farm into one of the top five maize and tobacco producers in Muzarabani.

Forex crisis stalls sewer rehabilitation

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BY MOSES MATENGA

THE sewer reticulation crisis that has hit Harare is set to continue into the new year after council failed to secure foreign currency to fix dilapidated pipes due to lack of foreign currency.

Harare mayor Herbert Gomba and a team led by MDC shadow minister of local government, Elias Mudzuri, recently visited Harare sewage treatment plants at Firle and Crowborough, whose pipes are worn out and require urgent replacement.

“The infrastructure has decayed,” MDC local government deputy secretary Clifford Hlatshwayo said after the visit.

“Council has put steps to replace and put new sewer pipes, but the project is half way through because of lack of foreign currency to import equipment. The contractor had targeted December 31, 2019, but the economic situation in the country has made them fail to meet the target,” he said.

At least US$60 million is needed for full rehabilitation and expansion of the waste water plant.

Council said the plant, if refurbished, will double its capacity to 120 megalitres a day.

Among those who toured the plants were Gomba, Mudzuri, Hlatshwayo and environment management committee chairperson Kudzai Kadzombe.

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Strive Masiyiwa unveils $100 million fund to support doctors

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MOSES MATENGA

Econet Wireless founder, Strive Masiyiwa and his wife Tsitsi, through their Higher Life Foundation, have set up a $100 million fund which will see up to 2 000 junior and senior doctors employed by government getting $5 000 each on top of what they are earning from their employer.

The move comes at a time the public health delivery system in the country has virtually shut down due to a standoff between government and doctors following the firing of more than 435 junior doctors and around 57 senior doctors were set to face disciplinary action.

Masiyiwa also promised to give a smartphone, diagnostic aides and transport to the doctors on top of the ZWL$5000 in the $100 million facility.

“Building on a 23-year commitment to education, Higherlife Foundation (HLF) is pleased to announce the launch of a new training fellowship for Junior and Senior Resident Officers employed at public healthcare institutions in Zimbabwe,” HLF said in a statement.

“…with that in mind, HLF is launching, the medical training completion fellowship with immediate effect for those Junior and Senior Resident Officers who are in full time employment at public teaching hospitals within Zimbabwe. The scholarship covers those who are currently undergoing a Junior or Senior Resident program, with special preference being given to beneficiaries of the Capernaum and Joshua Nkomo scholarships.”

The foundation said the $100 million fellowship comprises a non-negotiable monthly subsistence allowance of $5000 per doctor for a maximum of 2000 doctors and was subject to unilateral review by HLF.

“The monthly subsistence will be disbursed to qualifying junior and senior resident officers on proof of being on duty at the specified institution for the duration of the month,” said the charity group.

The foundation said the facility was not from Econet Wireless Zimbabwe or Cassava Smartech Zimbabwe but Higher Life Foundation, an initiative from the Masiyiwa Foundation with the support from its donor partners.

A theory of a tax revolt: Is SA on the brink?

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Guest Column: Roshelle Ramfol

TAX revolts date back to biblical times. Throughout the ages they have exhibited similar symptoms — a decline in taxpayer morale and confidence in a government’s ability to manage public finances for the greater good of its citizens.

Recent public outcries in South Africa signalling dissatisfaction and concerns over the management of public finances suggest that the country could be on the brink of a tax revolution.

While taxpayers have a civic duty to be tax compliant they are not donating taxes in an effort to be altruistic. There is an expectation of a return in some form. Recent events suggest that South Africans are becoming increasingly restive about paying taxes to a government mired in allegations of corruption. This explains why sentiments of a tax rebellion are growing.

In a recently published paper I reviewed some of the literature on tax compliance. My aim was to establish the theoretical point where tax compliance shifts to resistance. I also extended my analysis to South Africa by extrapolating the legal implications of a tax revolt.

The study found that the fine line between tax compliance and resistance lies where government creates an equitable distribution between collective costs and benefits. Often the threat of a tax revolt is a measure to renegotiate the terms of a fair exchange and a mechanism to mobilise the association that disintegrated between taxpayers and government.

Perceptions about fairness

Governments use tax policy to achieve a number of objectives. These include steering economic growth, changing the behaviour of citizens and raising money to finance programmes.

Tax policy, and its implementation, is therefore the closest and most contentious interface between a citizen and a government.

People’s perceptions about the fairness of a fiscal regime are crucial. Simply put, tax revolts arise when government receives tax payments but fails to deliver the perceived reciprocal benefits.

Society is not naturally motivated to pay tax. Voluntary compliance is fostered by establishing consent, trust and legitimacy in a fiscal regime. This means that government must ensure that compulsory taxes are acceptable, fair and beneficial to citizens.

One of the main motivations to rebel is when a tax regime is perceived to be unfair and oppressive. A tax revolt is effectively a mechanism for citizens to renegotiate the terms of exchange.

A tax revolution may not merely be based on a rejection of taxes. It may be a mechanism to seek restorative action to improve government performance.

Factors that drive compliance

At the outset tax compliance decisions are determined by an individual’s tax morale. The benefits of promoting tax morale hold immense potential for tax revenue generation. A taxpayer’s level of tax morale is a strong motivator to comply with — or resist — taxation. Countries demonstrating higher ratios of tax to gross domestic product have higher tax morale.

A combination of psychological and sociological factors influence tax morale. Public perception studies conducted by the OECD confirm that a citizen’s age, gender, religious beliefs, level of education and trustworthiness of government are determinants of tax morale.

Another factor affecting compliance is whether taxpayers believe that there’s a contractual agreement between them and government under which social security is exchanged for paying taxes. Government’s credibility, or trustworthiness, plays an important role in this fiscal contract.

In South Africa, this contract has been under strain following instances of widespread corruption and wasteful expenditure by various state-owned parastatals and government institutions. These events have negatively affected both parties: government’s credibility and competency and citizens’ tax morale.

Under these circumstances of distrust and malaise, a taxpayer may question the rationale for paying taxes. After all, why should citizens make tax payments if it means they are simply financing State corruption?

Reasons for revolt

South Africa’s current economic, political and social context presents many determinants of taxpayer resistance: a high tax burden; loss of confidence, credibility and competency in government; low taxpayer morale; and increased frustration from government’s lack of commitment to arrest the rampant corruption and misappropriation of tax funds.

But is a tax revolt the answer?

As a last resort, revoking one’s consent to tax and embarking on a full-scale tax revolt may seem like the only available option to restore the terms of the fiscal contract. However, historical accounts of tax revolt show that this type of action can expose citizens to the harshest and most repressive measures.

Embarking on a tax revolt is an act of civil disobedience and is unlawful. The penalties are harsh and the mechanisms available to the South African Revenue Service to enforce tax collection are far reaching. They include, for example, seizure and execution of property.

There are other consequences too. When taxpayers renege on their tax obligations it can lead to severe fiscal stress. Ultimately citizens bear the burden of disruption in government services, economic stagnation and inflationary pressures.

Solutions

An important step is to ensure transparent governance is fostered so that government can be held accountable for effective spending. This can be achieved by supporting civil society groups that challenge the suitability of government policies and the reciprocal spending of tax revenue.

A great deal of attention needs to be placed on restoring trust in government institutions. The fundamental starting position must be to address corruption, restore trust and legitimacy in government and ensure value is received for tax money. Only then can government start to rebuild its credibility and with it taxpayer morale, and restore a taxpayer’s consent to tax.

l Roshelle Ramfol is a senior lecturer at the University of South Africa. She writes in her personal capacity. This article first appeared in The Conversation.

Mliswa threatens to mobilise public to beat up MPs

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NORTON legislator Themba Mliswa (Independent) yesterday threatened to mobilise the public through social media to protest in Parliament and beat up legislators for wasting taxpayers money after Zanu PF and MDC MPs continued politicking over an investment law.

BY VENERANDA LANGA

The melee started during discussions of the Zimbabwe Investment and Development Agency Bill whose objective is to provide for the promotion, entry, protection and facilitation of investment in the country.

Dzivarasekwa MP Edwin Mushoriwa (MDC Alliance) then suggested that Justice minister Ziyambi Ziyambi must include an amendment in clause 4 of the Bill to ensure the principle of devolution of power is respected.

All hell broke loose when Ziyambi refused to take any suggestions on the Bill from opposition MPs saying that he will not recognise them until they recognised President Emmerson Mnangagwa.

Thereafter MPs from Zanu PF and the MDC began to hurl insults at each other in full view of Vice-President Kembo Mohadi who just sat stone-faced as he watched the fracas that went on for almost two hours.

Binga North MP Prince Dubeko Sibanda (MDC Alliance) then retaliated by saying that if Ziyambi continued to say that he will not recognise opposition MPs then the opposition will not allow him to also speak in Parliament.

Sibanda was later chucked out of the House by Acting Speaker of the National Assembly William Mutomba.

Seeing that politicking in Parliament was now disrupting important business of crafting Bills, Mliswa then threatened to mobilise Zimbabweans to beat up MPs for wasting taxpayers’ money.

“I am totally ashamed that we have a VP in this House and my heart bleeds that we have spent a long time arguing and politicking instead of uniting for the common goal of the ordinary person,” Mliswa said.

“I do not belong to any political party, but we need to address this impasse and we need the Speaker of the National Assembly Jacob Mudenda to address it.”

Mliswa continued: “You behave like hooligans and I will end up mobilising Zimbabweans online to come to Parliament to stage a demonstration and beat you all up because you are a waste of resources and taxpayers’ money.”

MPs now get $700 allowances per sitting. After Mliswa’s threats there was calm in the House and Ziyambi and the MPs continued to craft the ZIDA Bill without further politicking.

Senior doctors down tools

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SENIOR doctors yesterday stopped offering emergency services at public hospitals and vowed not to return to work until government has reinstated their fired 448 juniors and improve their salaries.

BY BLESSED MHLANGA

The Senior Hospital Doctors Association withdrew all its members from work at government health institutions, accusing government of bullying tactics.

“We regret to inform you that, the SHDA has agreed with its members who had remained behind offering emergency services to the hospitals, that we are no longer able to offer any emergencies services as from 26th November (yesterday) until all fired doctors are reinstated and there is adequate redressal of their incapacitation,” SHDA wrote.

This came as Cabinet insisted on dragging the striking doctors to disciplinary hearings.

Giving a post Cabinet briefing, Information minister Monica Mutsvangwa, said 57 senior doctors who were not reporting for duty have now been summoned to appear before the Health Services Board (HSB).

“Serving of charge letters for 57 senior doctors at central hospitals commenced on the 25th of November 2019. Regarding the recruitment of doctors the Ministry of Health will publish before the end of this week an advert for all posts that have become vacant as a result of the disciplinary process,” she said.

Government has continued to charge doctors for not reporting for duty as the longest health sector strike reached the 88-day mark with doctors vowing not to budge until they get a meaningful salary.

“508 disciplinary cases on doctors that have not been coming to work have so far been heard, out of which 498 doctors were found guilty. It will be recalled that from the previous report 435 doctors had been discharged and since then an additional 13 doctors have been found guilty and discharged making a cumulative total of 448 discharged doctors,” Mutsvangwa said.

Government said it was still targeting another 43 junior doctors who were yet to appear before the HSB.

Health minister, Obadiah Moyo said although he was yet to receive the SHDA letter he was aware that some senior doctors were already not reporting for duty and they were facing disciplinary measures.

“These doctors I am not sure if they are the ones we have already charged and will be appearing before the HSB. What I know is that they have already been absconding from work,” he said.

According to a copy of the charge sheet seen by NewsDay, the senior doctors were being charged with absconding from work in violation with section 4 (e) of the code which makes it a dismissible offence to fail to report for work for more than five days without official leave.

Senior doctors who spoke to NewsDay on condition they were not named said they were shocked that government was charging people who were reporting for work.

“They want to fire all of us so that they force us to reapply and re-employ us using their own new terms with new contracts that don’t have the US dollar component, this will be resisted,” one of the doctors said.

Air traffic controllers down tools

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AIR traffic controllers (ATCs) at Robert Gabriel Mugabe International Airport in Harare downed tools on Monday citing incapacitation and fatigue, forcing flight delays and cancellations yesterday morning.

BY EVERSON MUSHAVA/MOSES MATENGA

ATCs are responsible for issuing landing and take-off instructions to pilots, monitor and direct the movement of aircraft on the ground and in the air using radar, computers or visual references. The industrial action has forced their superiors to step-in and rescue the situation.

The Civil Aviation Authority of Zimbabwe (CAAZ), confirmed the operational problems in a statement yesterday. Quoting the organisation’s acting director-general, Margaret Mandizha, the authority’s spokesperson Anna Hungwe said: “This morning, we experienced an operational problem that resulted in our morning shift failing to arrive on time. This resulted in a delay in dispatching three aircraft departing from three airports. The operations reverted back to normalcy and the airspace remains open and functional adhering to the set standards by the International Civil Aviation Organisation (ICAO).”

However, CAAZ claimed that reports of planes not flying in or out because of the job action were not true.

“CAAZ has noted with concern various media reports suggesting the closure of the Zimbabwean airspace. These reports are inaccurate and meant to cause panic and chaos at our airports and despondency to the travelling public,” Hungwe said.

But sources said there was pandemonium in the morning after ATCSs on duty said they were fatigued and unable to continue with work, while those meant to relieve them declared incapacitation.
“There was initial danger that planes would not land or take off and actually they cannot do that without ATCs,” a source said.

“The intervention is that supervisors had to stand in for the planes ATC officers. The officers put up notice to strike two weeks ago citing incapacitation, poor remuneration and obsolete ATC navigation and communications equipment.”

According to a letter from the Air Traffic Controllers Association of Zimbabwe (ATCAZ) to Transport minister, Joel Biggie Matiza, Zimbabwe was risking collisions between aircraft and possible blacklisting of the country by the United Nations’ aviation agency, ICAO, due to its failure to meet a basic requirement. “We note with concern the continued deterioration in air navigation communication performance. There have been several cases in which there was total loss of air traffic services air-ground communications in the upper airspace,” the memo read in part.

“Worst case scenarios include the 25th of September, 29th of September and 16th of October 2019 where there was communication blackout lasting the whole day. This chaotic and dangerous situation persisted on the 18th of October and continued to be experienced now and then.”

ATCAZ said by failing to deliver on key mandate, the authority continued to expose airspace users to an unacceptable hazard.

“There is risk of collisions between aircraft, failure to promptly identify and assist aircraft in emergency, delays and increased operating costs for aircraft operators and losses of revenue as aircraft avoid the airspace,” the letter to Matiza read in part.

CAAZ, however, said they will continue with the mandate of developing aviation in Zimbabwe to meet international standards.

Soccer stars selection poser

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After a year punctuated by inconsistency, selectors are set for a torrid time in coming up with the Castle Lager Premier Soccer League Coach of the Year, although the Soccer Star of the Year could prove to be easier to pick after some standout performances by a couple of players.

By Kevin Mapasure

Club captains, coaches as well as selected journalists will today come up with the outstanding players and coaches for the 2019 season that is expected to conclude on December 14.

With Caps United and FC Platinum having pulled away from another title challenger Chicken Inn at the top with 58 and 56 points, respectively – compared to Chicken Inn’s 53 with only two rounds of matches left before the curtain comes down, coaches Darlington Dodo (Caps) and Lizwe Sweswe (FC Platinum) are natural contenders for the gaffers’ gong.

It will not be a straight punch up between Dodo and Sweswe considering both only took over from Lloyd Chitembwe and Norman Mapeza midway through the season.

Dodo has so far presided over 13 matches with a win ratio of 58% after taking over from Chitembwe, who was at the helm for 19 matches in Caps colours before he crossed the floor to join Harare City.

During his tenure this term, Caps won 10 of their 19 matches which is a win ratio of 52 %.

When Chitembwe left, Caps United’s title fight was in a healthy state and Dodo has also managed to keep the Green Machine going.

At Harare City, Chitembwe has made a good fight to save the team from dropping to the second-tier league although their toes are still dipped in relegation waters.

At Harare City, he has won five matches after presiding over 13 with the same number of defeats during the period.

His record at City shows a win ration of less than 50% while after adding up his matches at Caps and the local authority side he has got a win ratio of 46%.

If Chitembwe wins the battle to stay afloat, which will not be an easy task considering they still have to play Ngezi Platinum Stars and Dynamos, it will represent a success story for the title winner.

But what if the selectors pick him as the outstanding coach of the season, then he fails to save Harare City, what impression will that paint?

What about Dodo? His record since he took over has been good. Caps are in control of their destiny and when he took over, the title had not been won. He had a commendable run putting together good wins and if he wins the title, it will be a fairy tale success story.

Other questions are whether the selectors would want to look at other outside candidates such as Pieter de Jongh at Highlanders, who came in and oversaw a consistent climb-up the table to fifth at the moment having taken over with the team in great danger of facing the guillotine.

For the Soccer Star of the Year, the only conundrum will probably be the choice between Highlanders striker Prince Dube and Caps United’s Joel Ngodzo.

Dube has been in good scoring form for Bosso while Ngodzo has been the heartbeat of Caps United’s title push.

Dube peaked midway through the season and while he has been scoring important goals, he is struggling to catch up with Clive Augusto who scored 14 goals before he left for South Africa.
There will be so many things that the selectors would have to consider as they make their choices. Whatever the outcome of today’s process, it will surely to send tongues wagging once again as it does every year.

Grace Mugabe loses US$280k legal fees fight

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FORMER First Lady Grace Mugabe and her son, Russell Goreraza, have both been ordered to pay US$278 304 to a local law firm which represented them in several court cases, one of which involved a botched $1,4 million diamond ring deal.

BY CHARLES LAITON

The order by the High Court, issued on November 15, 2019, followed an application for rescission of a default judgment that was filed by Mugabe and her son in April this year seeking to overturn the judgment on the basis that it had been issued in error.

According to court papers, the legal firm, Manase and Manase Legal Practitioners is said to have acted for Grace in her cases against a Lebanese national Jamal Ahmed, who she accused of duping her.

In a bid to recover her money, Mugabe is alleged to have “grabbed” three properties namely stand number 409 Harare Drive, Pomona; 18 Cambridge Road, Avondale and 75 King George, Avondale, all owned by Ahmed, but the latter later approached the courts and successfully retained his properties.

On January 15, 2019 High Court judge Justice Felistus Chatukuta ruled in favour of the law firm and ordered Grace and her son to pay the legal fees, before the duo filed for rescission which was recently determined by High Court judge Justice Edith Mushore.

The order by Justice Mushore simply said: “Application is dismissed with costs”.

Prior to Justice Mushore’s order, Justice Alpheus Chitakunye had ordered the duo to pay the law firm’s legal fees with costs as well.

According to Manase and Manase Legal Practitioners, Grace and her son approached them in December 2016 seeking legal services in respect of a number of cases linked to the diamond ring saga.

The firm said the pair also wanted to be legally represented in an urgent chamber application that was before the High Court under case number HC 12497/16. The legal services rendered included attending to all litigation procedures and hearings, the drafting of court processes, consultations, round table meetings over a two-year period.

The post Grace Mugabe loses US$280k legal fees fight appeared first on NewsDay Zimbabwe.