CIVIL servants have accepted a 140% salary hike starting this month, a union official said yesterday, averting a potential strike against President Emmerson Mnangagwa’s government.

Reuters

Soaring inflation has eroded salaries and savings in the southern African nation, which is grappling with its worst economic crisis in a decade, marked by shortages of foreign exchange, food, fuel, electricity and medicines.

Earlier this month, the top public workers union Apex Council rejected a government offer to double pay for employees, saying it was too little.

After another round of negotiations which dragged into the early hours of Wednesday, an Apex Council official said workers had accepted a pay deal that would see the lowest paid state employees getting $2 450 (US$146) a month, up from $1 033.

“This increase does not meet our demand, but we will take it while we continue pushing the government to pay an increase that is above inflation,” said an Apex Council official, declining to be named because he is not authorised to speak to the Press.

Labour minister Paul Mavima could not be reached for comment.

With year-on-year inflation estimated at 520% in December by economists and the local currency losing value, life is increasingly hard for ordinary Zimbabweans, who also have to contend with the effects of a devastating drought.

That has sapped any hope of an economic rebound promised by Mnangagwa when he was elected in a disputed election in 2018.

Guest Column: Scott Panashe Mamimine

The Supreme Court decision is a landmark case in Zimbabwe which has put to rest the scepticism surrounding the enactment of SI 33 of 2019 as well as section 22 (1) (d) of the Finance Act No. 2 of 2019 which effectively recognise RTGS payment as legal tender and directs adaptation of the US dollar-denominated assets and liabilities at the fixed rate of one-to-one.

The facts of the matter in the Zambezi case are noteworthy. In June 2018, NR Barber Pvt Ltd (Barber) won a lawsuit against Zambezi Gas Zimbabwe Pvt Ltd for US$3 885 000, a debt which arose from services rendered. Zambezi’s appeal against the judgment was thrown out in May 2019. A week later, Zambezi deposited RTGS$4 136 806,54 as a settlement of the debt. Barber challenged that the amount was far less than what Zambezi Gas had been ordered by the court. It stated that the amount paid was only equivalent (at the prevailing Interbank market rate) to US$144 788,23 (out of the US$3 992 018,31, which it was expecting).

Zambezi Gas insisted that it had complied with the law. After all, it argued, SI 33/2019 allowed the conversion of all US dollar-denominated local assets and liabilities at the government-decreed rate of one-to-one. Barber instructed the Sheriff of the High Court to attach Zambezi Gas’ property to settle the difference. That is when Zambezi Gas filed an urgent chamber application in the High Court seeking an order for stay of execution and a declaratory order to the effect that the judgment debt had been fully discharged in terms of SI 33/19.

The Supreme Court has decisively allowed the appeal arguing SI 33/2019 permitted the Appellant to convert the US dollar-denominated judgment debt at the government decreed rate of one-to-one.

This judgment has unquestionably triggered a wave of criticism considering the drastic economic consequences which result in loss of proprietary rights for individuals, employees, pensioners, banks, the real estate sector and financial institutions whose debts were being owed in United States dollar value that is either by the government or other third parties.

It is imperative to note that, the constitutionality of section 4(I)( d) of SI 33/19 was not raised in the High Court. Thus the question of constitutionality of the provision is an adjunct separate issue altogether and where no issue is considered by an inferior court, it follows generally, that there is nothing for the appeal court to determine. This position was aptly captured in Dynamos Football Club (Pvt) Ltd & Anor v Zifa & Ors 2006 (1) ZLR 346 (S) 355. Malaba JA (as he then was) in that case held that generally a party could not seek, on appeal, relief that they did not seek in the lower court. In this respect, the Supreme Court could not be invited to sit as a court of first instance and to adjudicate a matter that was not ventilated before or determined by the High Court.

The issue which was referred on appeal is whether the court a quo correctly interpreted and applied the provisions of section 4(1)( d) of SI 33/19. The Respondent argued the provisions of section 4 (1) (d) did not include judgment debts hence invoking the presumption that the legislature did not intend to alter a court order. Nonetheless that argument stood on jelly legs considering the legislature enacted Finance (No 2) Act of 2019 pending litigation. In terms of section 20,“financial or contractual obligations” were defined to include judgment debts.

However, the construing use of the words “immediately before the effective date” by the Supreme Court to refer to the state in which the assets and liabilities, to which the provisions of section 4(1) (d) of SI 33/19 apply, should be in relation to the effective date, irrespective of how far back in time the asset or liability valued and expressed in United States dollars came into existence, leaves a lot to be desired. The court went further and argued that the issue of the time-frame within which the liability arose in relation to the effective date of 22 February 2019 does not matter.

It is difficult to understand what was the rationale by the legislature of formulating this provision in this manner that is by including the phrase “immediately”. The provision should have simply been formulated without reference to the word “immediately”. The practical consequences of section 4 (1) (d) of SI 33 of 2019 is suffered by creditors whose debts in actual fact dates back to even 2017 going back. The court ought to have made a finding that the provision of section 4(1) (d) was not unambiguous in that sense hence necessitating the departure from the literal interpretation of the statute.

Such reasoning should have been bolstered by the presumption that the Legislature does not intend that which is harsh, unjust or unreasonable. Where two meanings may be given to a section, and the one meaning leads to harshness and injustice, while the other does not, the court is enjoined to hold that the legislature rather intended the milder than the harsher meaning.

It really sounds absurd and an utter insult to the wisdom of even an average-minded Zimbabwean that the Legislature purports to put the RTGS value at par with the United States dollar value whereas it is common sense that the exchange rate has skyrocketted to 1 : 23 on the black market and 1: 17 on the interbank market exchange rate.

Now the provisions of SI 33 of 2019 are now codified in section 22 of Finance Act No 2 of 2019. Statutory Instrument 33 of 2019 (SI 33/2019) was issued in terms of the Presidential Powers (Temporary Measures) Act, an Act which empowers the President to make regulations dealing with situations that have arisen or are likely to arise and that require to be dealt with as a matter of urgency; and to provide for matters connected therewith or incidental thereto and Law made under this Act span a period of 180 days. In order to regularize the SI 33 of 2019 before its expiration on the 21st of August 2019, a Finance bill was proposed and came into law through Parliament law making process hence legalizing the monetary measures.

If the constitutionality of the provision of section 22 of Finance Act No 2 is to be challenged, l believe the legislation cannot withstand a declaration of constitutional invalidity for the under mentioned reasons.

Firstly Section 3 (a) of the Constitution as read together with Section 2, provides that the Rule of Law is one of the founding values of the Constitution and that any law of conduct, inconsistent with the Constitution, is invalid. Given this status, all arms of Government are bound by the fundamental value of the Rule of Law.

Such retrospective legislation, which ex post facto deems the law at a particular time to be what it was not, offends against the principle of legality and the rule of law which lie at the heart of our constitutional democracy.

The prejudice to the subject of such legislation is only heightened where, as here, it purports to attach adverse consequences to transactions which have been completed and arising from which persons have acquired vested rights before such promulgation.

Secondly, the Supreme Court’s reasoning that Section 4(1)(d) of S.I. 33/19 does not apply to assets and liabilities, the values of which were expressed in any foreign currency other than the United States dollar immediately before the effective date does not meet our Constitutional dispensation. It violates section 56 (3) of our Constitution which proscribes unfair discrimination. It cannot be that section 22 (1) (d) of the Finance Act No. 2 of 2019 which is similarly fashioned with 4 (1) (d) of SI 33 of 2019, seek to only protect few creditors whose assets and liabilities were denominated in Rands, Kwacha, Pula, Yen or any other currency before the effective date and only affect the larger populace who by that time traded using the United States Dollar foreign currency. Such discrimination is unfair, unreasonable and unjustifiable in a democratic society based on openness, justice, human dignity, equality and freedom.

Moreso s 22 (1) (b) and (d) of the Finance Act No 2 give rise to substantial interference with property rights by means of compulsory deprivation that go beyond the normal restrictions on property use or enjoyment in a democratic society thereby violating section 71 of the Constitution.

And last but not least, the doctrine of separation of powers comes to the fore. The doctrine limits any one branch from exercising the core functions of another. The intent of separation of powers is to prevent the concentration of power by providing for checks and balances. It therefore follows that a Court order is a Court order. It must be obeyed as ordered unless set aside or varied. The legislature cannot overlap its powers to enact a law which override or diminish the value of an order handed down by a Court whose independence is now constitutionally entrenched in terms of section 164 of the Constitution.

Further, Section 164 (3) of the Constitution provides that: “An order or decision of a court binds the State and all persons and governmental institutions and agencies to which it applies, and must be obeyed by them.”

It cannot be gainsaid that the ruling by the Supreme Court although it is simply confirming the devastating effect of SI 33 of 2019 since February 2019, nonetheless its legitimatisation of the status quo in Zambezi gas case has struck a final death blow to the ailing economy and the ease of doing business in Zimbabwe.

 Scott Panashe Mamimine is a legal practitioner at Uriri Attorneys –At-Law. He writes here in his personal capacity.

BY MOSES MATENGA/RICHARD MUPONDE

MEALIE meal shortages have reached worrying levels across the country, as residents in the capital endure long queues to acquire strictly one packet of the scarce commodity, amid indications the situation will get worse in the coming weeks.

There were long winding queues in the few shops that had mealie meal since last week, with retailers battling to contain the swelling queues.

It also emerged that some licensed retailers were taking the commodity to the black market, where they were selling clandestinely in foreign currency which many cannot afford to get hold of.

At one major retail outlet, consumers were restricted to one 10kg bag of the commodity, while names, identity document numbers and other personal details were noted to block people from buying more than one pack.

The Grain Millers Association of Zimbabwe (GMAZ) yesterday conceded the crisis, but said the organisation was bringing in more than 50 000 tonnes of maize by the weekend.

“We are importing maize and we have lorries coming through and by weekend, I am sure they will be in Harare. Bulawayo received last week and that is part of the 50 000 metric tonnes of maize from South Africa,” GMAZ spokesperson Garikai Chaunza said.

“We expect another delivery of 50 000 metric tonnes. Most of the trucks are at the border now and if everything goes on well logistically, by weekend, they will be in Harare.”
Chaunza said the imports were by private players to augment government efforts.

Confederation of Zimbabwe Retailers president Denford Mutashu said the mealie meal crisis may soon be over after promises by millers that several tonnes were making their way into the country.

“Mealie meal is on the way. We met millers a few days ago and they have maize already in the country and government is running around to secure maize. As an association, we have made a resolution that mealie meal should go to accredited retailers,” he said.

“In the short to medium-term, we will have lots of mealie meal, but currently, demand is very high after the subsidy. That made it difficult to have mealie meal at one place at the same time as a truckload would be finished within 30 minutes upon being offloaded.

“Going forward, we should have lots of maize and have lots of mealie meal. We must not focus on importing. We must put effort on production of maize.”

Mutashu said a few supermarkets were getting mealie meal, while a large number of those in the informal market, which he said constituted 70%, were not getting anything.

He said they had trained monitors to ensure there were no illicit deals in the purchasing of mealie meal.

“We had situations where some would sell a few packets of mealie meal, then reserve the rest for small shops, where they sell in foreign currency. With the monitors in place, that should be a thing of the past,” Mutashu said.

Government has been criticised for not doing enough to acquire adequate maize for the nation with the opposition MDC party accusing Finance minister Mthuli Ncube of lying in Davos, Switzerland, during the World Economic Forum where he told the international media that no one would starve.

MDC leader Nelson Chamisa’s spokesperson Nkululeko Sibanda accused Ncube of misleading the country and the world at large.

“Ncube has been an icon of lying and very unbelievable, showing signs that he’s living in his own reality, devoid of the current situation on the ground,” Sibanda said.

“To lie to the world when Zimbabweans can hear him, it’s shameless. Zimbabweans know that people are being fed by international organisations. The United Nations has said the current crisis is man-made by the illegitimate government, (which) he is part of.”

Guest column: Fr Oskar Wermter SJ

In rented houses in Mbare whole families live in one-roomed flats, the first section is the living and TV room which doubles as kitchen, plus two more sections divided by cupboards and curtains as bedrooms for the children and parents. While outside there is lots of rubbish, refuse and dirty puddles, the flat itself, while crammed and overcrowded, is very neat.

But there is little room for small children who want to play and have only rubbish dumps outside where to do it. For the elderly, who customarily should be looked after by the families of their children, there is also only little room. Should you put granny (gogo) on top of the cupboard?

“Lack of adequate accommodation and overcrowding has led to an increase in crime, such as theft, assault and rape, child abuse, baby dumping and infanticide.”

Some women report that “their overcrowded rooms have resulted in their husbands staying for longer periods at beer-halls, giving rise to an increase in drunken assaults and wife-beating on their return” (Diana Auret, Urban Housing, A National Crisis ? p 107). For women this situation is especially dreadful.

They are meant to be “housewives” and “homemakers”. Old wisdom says “musha mukadzi” (a home is a woman) but how can mothers provide the comfort of a home in such overcrowded conditions?

Some families have managed to get a stand on the outskirts of town where they were able to build a proper family home.

“It is desirable that every family should be able to acquire a home of its own, because home ownership contributes to the stability and welfare of the family which the State has a duty to foster and protect” (Catholic Bishops, in a pastoral letter 1989). To get a stand at reasonable cost, at the right place, with sufficient space is possible only after a long struggle.

Distribution of land is one of those “politicised” things. Home-builders may be encouraged to build houses on unsuitable land by a political party before elections.

After the elections, a bulldozer comes to raze “illegal shelters” to the ground.

The 2005 Murambatsvina cleansing exercise is still vivid in many’s minds. How can you ever forget that you were once forced to smash your own home with a pick-axe?

People may build a house on “wetlands”, only to be told that this was illegal and should be removed since it interferes with the local water supply.

Children, who have to live in very crowded conditions, leading to much tension and strife in the family, may run away from home and seek freedom as “street kids”, eating chunks of cold sadza from rubbish bins. Even children of well-to-do families may run away from domestic violence and abuse. A nice house may not be enough. It must become a home and a happy environment. A wife-beating father does not provide that for his children.

The urban conglomerate Harare-Chitungwiza is bursting at its seams. The official boundary lines have long been transcended and urban settlements have spilled over into neighbouring communal lands. When you leave Borrowdale and enter Domboshava you just enter into another suburb.

The border lines between rural and urban Seke are now blurred: People having built on communal land, outside the city need to sink boreholes, run diesel generators for electricity or catch it from the sun with solar panels, which may be unlawful.

The proper distribution of land is often affected by corruption. Some citizens have more than one stand.

Zimbabwe’s population is small. Geographically the country is large. Large enough for a growing population? Can we afford to let many people have two residences, one “kumusha” (at home) and another one in town?

It would take a very courageous leader to tackle this issue, since having a home back in the old village is very close to the hearts of most people.

Must people be forced to make a choice, between rural agricultural life and urban life with industrial employment?

The ordinary person wants to have one foot in the village, and the other one in a comfortable urban environment, though the urban comfort of Mbare flats is rather dubious.

It is amazing how people manage to build new houses at a time when so many of them are unemployed and have not even enough to eat.

Some are lucky: their children live and work overseas and send regular remittances to their old folk at home.

Some build fine houses on land for which they have no title deeds.

Where there are families, there must be schools, clinics, shops. Houses should be surrounded by gardens, to give space for recreation, for children to play, for growing vegetables and breeding chickens.

This country is famous for its beautiful landscape, its mountains and rivers, forests and savannah. Do humans spoil it with their construction of residences, industrial buildings, schools and colleges, hospitals and hotels?

Where exactly may we be permitted to build? What do we learn from Cyclone Idai? Whole villages built on mountain slopes were hit by floods and carried away by rivers, drowning the villagers.

The gap between the rich and poor is demonstrated very clearly in the different building standards. In old urban townships people still live in little hovels and mere shelters made of sheets of corrugated iron, a poor protection against the sun, rain, thunder and lightning. What sort of houses do we build for the general public?

It seems landlords prefer accommodation for the well-to-do to who can pay high rentals.

This is more popular than expanding the townships for the low-income workers who pay much less.

Architects have the plans to build low-income housing, but who is going to build it? The profit from renting out that type of low-cost house seems unattractive.

The concept of private property makes people think that land for building is just for the prosperous and privileged. But the “earth is our common home”. It is not private.

The country belongs to all of us, and everyone should have a place in it. And everyone should feel responsible for this gift of the Creator.

Our planet is also called “Mother Earth”, and the way mothers care for life and beauty should also be the way in which we treat this “common home” where everyone should have a place.

Zimbabwe means house of stone. Zimbabweans should not live in cardboard boxes. Our children should not be “street kids”.

Care of our “common home” means clean water, air we can breathe without face masks, growing enough food and finding a place where we can rest our heads and sleep soundly.

A house for me and my family is fine. But that is not enough. Housing is not just a private, but a national issue.

We need a shelter and housing strategy for all of us, it is a matter of the common good.

 Fr Oskar Wermter SJ is a social commentator. He writes here in his personal capacity.

United States ambassador to Botswana, Craig Tax and Sadc executive secretary Stergomena Lawrence Tax pose for a picture after their meeting in Gaborone, Botswana, yesterday

BY BLESSED MHLANGA

THE United States (US) has taken a diplomatic offensive against Zimbabwe’s narrative on sanctions by engaging Sadc leaders to clarify its move to slap the southern African country with the embargoes.

The world superpower said the sanctions would be lifted only after political reforms.

Zimbabwe has accused the US of imposing sanctions as part of a broad-based regime change agenda.

But US ambassador to Botswana, Craig Cloud, yesterday met Sadc executive secretary Stergomena Lawrence Tax — who is widely viewed as pro-President Emmerson Mnangagwa’s administration, and explained the root cause of the sanctions as being the human rights abuses and anti-democratic actions by the late former President Robert Mugabe.

“Today, Ambassador Cloud and Dr Tax discussed the root causes of the US sanctions in Zimbabwe, namely human rights abuses and anti-democratic efforts,” the US embassy in Botswana said.

Zimbabwe was slapped with sanctions under the Zimbabwe Economic Recovery Act (Zidera) in 2001 following the chaotic and violent land reform programme of 2000 and a series of violent elections.

Mugabe staged a one-million-man march in May 2016 led by war veterans and party youths against the sanctions, but the US insisted they would only be lifted after reforms and an end to human rights abuses.

Mnangagwa, who took over from Mugabe following a November 2017 military coup, also led a Sadc solidarity march against the sanctions last October, with the US still insisting on reforms.

The Sadc bloc last year declared October 25 an anti-sanctions day in solidarity with Zimbabwe.

In the meeting, Cloud set out five major facts about the sanctions on Zimbabwe, which the Americans believe have been fudged by the Zimbabwean government to win support from Sadc and the African Union (AU).

The US said its sanctions on Zimbabwe were targeted and do not hinder trade between the two countries.

“US sanctions largely target those who engage in corruption, violate human rights and undermine democratic institutions or processes … Targeted sanctions do not prohibit trade between Zimbabwe and the United States. US companies are free to invest and sell goods in Zimbabwe and the embassy is actively promoting trade and investment between our two countries,” Cloud said.

Government has blamed the US “illegal” sanctions for the economic collapse and have rallied churches, Sadc and the AU in denouncing the sanctions in an effort to pressure the international community to withdraw the measures.

“Zidera and targeted sanctions are different. Zidera aims at restricting debt relief and voting at international financial institutions and provides a roadmap for engagement,” Cloud said.

“It is important to note, however, that the US has never invoked Zidera because Zimbabwe does not qualify for new lending consideration because it failed to do necessary economic and political reforms that would allow financial institutions to consider it for debt relief and new lending.”

He also told Tax that Zimbabwe was suffering from corruption, mismanagement and looting of government resources, more than the effects of the sanctions.

“Ambassador Cloud and Dr Tax discussed how failed economic policies and corruption have created the current economic crisis in Zimbabwe, it’s not sanctions,” the US said.

Tax confirmed the meeting, but said the details sent out by the US embassy were false.

“This was not part of what was discussed. Might be the position of the embassy, but definitely not Sadc’s position,” she said.

Last year, US ambassador to Zimbabwe, Brian Nichols, clashed with the Mnangagwa administration when he said corruption, and not sanctions, were hurting the Zimbabwean economy, a position supported by European Union ambassador to Zimbabwe, Timo Olkkonen.

In its own communication, Sadc said it called for the removal of sanctions on Zimbabwe.

“Dr Tax reiterated Sadc’s call for the immediate removal of sanctions on #Zimbabwe and the need to further engage on reforms that will see a recovery of country’s economy,” Sadc said.

Tino Mutombodzi departs after being dismissed during the second day of the second Test match at Harare Sports Club yesterday

BY Kevin Mapasure

ZIMBABWE took two wickets to leave odds even following the second day of the second cricket Test against Sri Lanka as the tourists finished on 122 at stumps after bad light forced early stoppage with eight overs still to be bowled.

Kusal Mendis and Angelo Mathews will resume on 19 and 4 respectively as Sri Lanka look to eat into the deficit which stood at 284 overnight.

Zimbabwe seamer Donald Tiripano retained figures of 1 for 5 after bowling nine maidens in his 12 over spell.

Carl Mumba, who shared the new ball with Tiripano, bowled nine overs at the expense of 23 overs without a wicket while Victor Nyauchi was given 11 overs managing four maidens and conceding 17 runs.

Zimbabwe will be kicking themselves that the situation could have been a lot better for them after they fluffed two chances on the field.

Prince Masvaure spilled Kusal Mendis who had scored just one run with Sri Lanka’s total on 96 for 1 off the bowling of Sikanda Raza.

Tiripano, who was particularly efficient with the ball, somehow lost sight of the ball before it dropped just in front of him, again off the bowling of Raza.

It was Raza who had given Zimbabwe the breakthrough when he trapped Dimuth Kuranaratne lbw on 44.

94 for 1 became 104 for 2 after Tiripano was rewarded for his efforts, inducing an edge on Oshada Fernando (44) with keeper Chakabva taking the catch.

Earlier, Lasith Embuldeniya took three wickets in the morning session to help wrap up Zimbabwe’s first innings on 406 after they had resumed on an overnight score of 352 for 6.

Having struggled on the first day of the Test, Embuldeniya returned to hit back as he finished on 4 for 182.

Regis Chakabva was expected to take the leading role in pushing Zimbabwe’s score towards their minimum target of 450, but he fell on his overnight score of 31.

Tino Mutombodzi pushed on to make 33 runs while getting some assistance from the bottom three who offered some resistance till Zimbabwe were bowled just before the lunch break.

Mutombodzi was eventually trapped leg before by Dhananja de Silva and with his departure, Zimbabwe’s hopes of reaching their target disappeared.

Sri Lanka openers negotiated the first three overs in the first session with minimum fuss.

This morning the tourists will be looking to come out and work their way towards Zimbabwe’s total before they can think about building a lead of their own.

Zimbabwe will be encouraged by the chances they got yesterday and their target will be to try and put their guests under pressure with early wickets.

BY MUNYARADZI MADZOKERE

EMMANUEL Bawa struck an emphatic unbeaten century to help the Zimbabwe Under-19 side beat Canada by 95 runs in the ICC World Cup Plate quarterfinal in Potchefstroom, South Africa yesterday.

Zimbabwe progressed to the plate semi-final where they will play Sri Lanka, who beat Nigeria in the other quarterfinal, on Friday.

Batting at number seven, Bawa scored 107 off 95 balls as Zimbabwe posted a huge 271 for 7 total after winning the toss and choosing the bat first.

Bawa enjoyed an unbeaten 130-run eighth wicket partnership with number eight batsman Gareth Chirawu who scored 54 runs off just 45 balls to steer the team to a big target for Canada.

Middle order batsman Taurayi Tugwete had chipped in with another half century earlier on in the innings.

Zimbabwe found themselves in a bit of a rut with five wickets down for just 54 runs, but the middle order produced big performances to change the tide of the game.

Needing 272 to win, Canada lost two wickets with just two runs on the board and were soon reeling at 69/5.

Eventually they were bowled out for 176, Sakhumuzi Ndlela, Chirawu and Nkosilathi Nungu grabbing two wickets each.

Captain Wesley Madhevere, Milton Shumba and Tugwete contributed a wicket each as Zimbabwe romped to a convincing victory.

Bawa was voted the man of the match.

Manuel Marquez Roca

BY TAWANDA TAFIRENYIKA

ZIFA faces a tough decision as the executive committee meets in the capital today to deliberate on the man who will take up the Warriors job which fell vacant after Sunday Chidzambga quit last year in unclear circumstances.

Several coaches from across the globe applied for the biggest coaching job in the country, but the Zifa technical team — headed by board member Brighton Malandule — has whittled down the number to four, with Leicester City academy coach Alistair Heath, Spanish coach Manuel Marquez Roca, Dutchman Erol Akbay and former interim coach Joey Antipas making the cut.

Serbian and former Uganda coach Milutin “Micho” Sredojevic who had been widely reported as having shown interest was not considered because he had not applied for the job.

However, the Zifa hierarchy faces a herculean task in coming up with the best candidate who can take the Zimbabwean game forward.

While the executive committee is keen to appoint the best coach, the need for cost-cutting measures might inform their decision about the man to be entrusted with the big post.
Then there is the small matter of who among the four has better appreciation of Zimbabwean football.

While the likes of Heath and Roca might be good candidates, none of them understands local football better than Akbay, something that could give him the edge.

The Dutchman had a stint with Bulawayo football giants Highlanders before taking up the job at Ngezi Platinum with whom he parted ways with late last year following inconsistent results.

It’s a big decision which the men and women at the helm of Zimbabwean football will have to take today after a long and anxious wait.

The successful coach is expected to be announced on Friday after he has been spoken to and accepted the job. His unveiling has been scheduled for early next week.

The local football leadership is trying to avoid a repeat of last time when former board member Gift Banda allegedly made a unilateral decision in the appointment of national team coaches — something that eventually cost him his position in the executive. The executive has resolved to ensure every member has an input in the selection of the candidate so that the entire executive rather than an individual would be accountable.

The Warriors have a busy calendar this year, with the African Nations Championships (Chan) finals, the 2021 Africa Cup of Nations (Afcon) and 2022 World Cup qualifiers all set to begin in the next few months.

Zimbabwe have back-to-back Afcon Group H qualifying matches against Algeria on March 23 and 31 before travelling to Botswana on June 9. They will complete their group campaign with a home match against Zambia on September 8.

The Warriors currently occupy second position on the group standings, and will need to at least beat Botswana and Zambia to be assured of qualifying for the Afcon finals, to be staged in Cameroon next year.

They will also be involved in the 2022 Qatar World Cup second round qualifiers which begin in October.

Zimbabwe are in Group G which comprises of giants Ghana, South Africa’s Bafana Bafana, and Ethiopia.

The winner of the group will advance to the third and final round to join other nine winners from the other groups.

Ten second round group winners play home and away matches over two legs with the five winners qualifying for the finals in Qatar in 2022.

Guest Column: Paidamoyo Muzulu

ZIMBABWE has had a long history of violence. In fact, it was a country raped by colonialists using violence in 1890 and gained its independence nearly a century later in 1980 through a violent liberation struggle.

In the period in between, courts were subjected to political pressure and gave politically correct judgments, for example the Madzimbamuto case.

Even after independence, the courts could not stand in the way of then Prime Minister Robert Mugabe between 1982 and 1987 during Gukurahundi massacres.

Zapu leaders paid the ultimate price, dying in prison without trial as judges could not pass judgments that could anger Mugabe and his henchmen.

Then Zapu leader and former Vice-President Joshua Nkomo was coerced into signing the Unity Accord in 1987 to save his comrades who were rotting in prison and the majority of the rural folk in Midlands and Matabeleland provinces who had become collateral damage to Zanu PF’s war to create a one-party State.

However, the 1990s saw a new breed of jurists like Wilson Sandura joining the bench and living up to their oaths to deliver justice.

Sandura became an enigma among the general populace for his judgments that more often called out the State when it abused its power.

He became what many would refer to as a dissenting judge at the Supreme Court. Political correctness was not one of his personal traits. Reading his written judgments is a pleasure to most who love law.

The ex-parte judgment by Judge President Justice George Chiweshe on the constitutionality of the November 2017 military coup is still being debated among lawyers and many are not convinced that the judgment was legally sound.

It is seen in some circles as a sanitisation of the coup by the courts. It is interesting that the arguments put forward for the case are still scant more than two years after the judgment.

Last Friday, a judgment by Justice Christopher Dube-Banda in the case pitting Vice-President Constantino Chiwenga against his estranged wife, Marry, was a breath of fresh air.

It was a case that many were interested in to see if the courts could still be independent in the new dispensation.

Chiwenga had chucked his wife out of their Borrowdale Brooke mansion and took custody of their three minor children without a court order.

In addition to this, the former army general had deployed Presidential Guard officers at the house and their Orchid Gardens business premises in Domboshawa to keep Marry out.

“Whatever the reasons are, I do not agree that a spouse may be removed from the matrimonial home outside the parameters of the law.

“To my mind, she may move out of such a home either by her consent or after conclusion of due process. She cannot be refused entrance to the matrimonial home by members of the military.

“In fact, it is unacceptable and anathema to the constitutional values of this jurisdiction that the military may be used to settle a matrimonial dispute.

“This is frightening and undermines the values inherent in our Constitution, which are the rule of law, supremacy of the Constitution, gender equality, fundamental human rights and freedoms and good governance,” Justice Dube-Banda said.

He added: “Section 74 of the Constitution provides that no person may be evicted from their home without an order of court made after considering all the relevant circumstances. What happened to applicant is eviction as envisaged in section 74 of the Constitution. She was unlawfully refused access to the matrimonial home.

“What happened to the applicant must be a cause of fear and concern to all law-abiding citizens, wherever they are and their station in life.”

This was a strong censure to the VP. However, for some reason, he decided to appeal against the judgment, with his lawyers arguing Justice Dube-Banda misdirected himself.

Reading the judgment slowly, one cannot help but understand the rationale behind the court’s decision.

Probably Chiwenga is doing a pre-emptive strike on the possible ramifications of Justice Dube-Banda judgment.

The long and short of the judgment is that Chiwenga abused his position, and self-helped himself, which is not permissible at law.

More worrying is the fact that Chiwenga is a whole Vice-President and took oath to uphold the Constitution — not some sections, but the whole of the supreme law.

In other jurisdictions, his suitability for office would be under scrutiny.

There can be no better way than conclude in Justice Dube-Banda’s own words: “There cannot be in a constitutional democracy a law for the powerful and a law for the weak. It is in such instances that this court must come to the rescue of the weak and down trodden.

“It is in such instances that this court must stand firm and apply the law without fear or favour.”

How many on the bench can raise their heads, hand to the heart and say the same when faced with a case where the powerful are before them as litigants?

The courts can be the last frontier for people’s rights and we carefully watch how long they can stand the scrutiny.

Paidamoyo Muzulu is a journalist and writes here in his personal capacity. He can be contacted on muzulu.p@gmail.com