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Category Archives: Governance

24 January 2063: Dear Kwame from Nkosazana


They are dreamers my friends, just as I am one too and, as I always say, I shall continue to dream for  dreams turn into visions, visions become plans, plans can be turned into designs and designs can be implemented and spring forth the change I want to see. In my optimism I find hope, for it is my hope that the Africa you shall read about in the letter below shall BE. It is the vision of that Africa that fuels my anger, energy and passion in doing the work that I do; for I know, Africa is better than what many say she is-Africa is capable of doing better than she is doing today.  So may the pessimists close this page before you throw up from the high dosage of optimism it contains. But may the optimists and hopefuls be encouraged in the knowledge that Africa INDEED shall rise!

*Beautiful note, written by Chika Onyeani of the Africa Sun Times; first published on the African Diaspora Network mailing list by Melvin Foote.

Date: 24 January 2063*

To: Kwame@iamafrican.com
From: Nkosazana@confedafrica.gov
Subject: African Unity

My dear friend Kwame,

Greetings to the family and friends, and good health and best wishes for 2063.

I write to you from the beautiful Ethiopian city of Bahir Dar, located on Lake Tana, as we finalize preparations for the Centenary celebrations of the Organisation of African Unity, which evolved to the African Union in 2002 and laid the foundations for what is now our Confederation of African States (CAS).

Yes, who would have thought that the dream of Kwame Nkrumah and his generations, when they called in 1963 on Africans to unite or perish, would one day become a reality. And what a grand reality.

At the beginning of the twenty first century, we used to get irritated with foreigners when they treated Africa as one country: as if we were not a continent of over a billion people and 55 sovereign states! But, the advancing global trend towards regional blocks, reminded us that integration and unity is the only way for Africa to leverage its competitive advantage.

In fact, if Africa was one country in 2006, we would have been the 10th largest economy in the world! However, instead of acting as one, with virtually every resource in the world (land, oceans, minerals, energy, forests) and over a billion people, we acted as fifty-five small and fragmented individual countries.

The bigger countries that should have been the locomotives of African integration, failed to play their role at that time, and that is part of the reasons it took us so long. We did not realize our power, but instead relied on donors, that we euphemistically called partners.

That was the case in 2013, but reality finally dawned and we had long debates about the form that our unity should take: confederation, a united states, a federation or a union.As you can see, my friend, those debates are over and the Confederation of African States is now twelve years old, launched in 2051.

The role played by successive generations of African youth contributed to our success. Already in 2013 during the Golden Jubilee celebrations, it was the youth that loudly questioned the slow progress towards integration.
They formed African Union Clubs in schools and universities across the continent, and linked with each other on social media. Thus we saw the grand push for integration, for the free movement of people, for harmonization of education and professional qualifications, with the Pan African University and indeed the university sector and intelligentsia playing an instrumental role.

We were a youthful continent at the start of the 21st century, but as our youth bulge grew, young men and women became even more active, creative, impatient and assertive, often telling us oldies that they are the future, and that they (together with women) form the largest part of the electorates in all our countries!

Of course this was but one of the drivers towards unity. The accelerated implementation of the Abuja Treaty and the creation of the African Economic Community by 2034 saw economic integration moved to unexpected levels. Economic integration, coupled with infrastructure development, saw intra-Africa trade mushrooming, from less than 12% in 2013 to approaching 50% by 2045. This integration was further consolidated with the growth of commodity exchanges and continental commercial giants.

Starting with the African pharmaceutical company, Pan African companies now not only dominate our domestic market of over two billion people, but they have overtaken multi-nationals from the rest of the world in their own markets.

Even more significant than this, was the growth of regional manufacturing hubs, around the beneficiation of our minerals and natural resources, such as in the Eastern Congo, north-eastern Angola and Zambia’s copper belt and at major Silicon valleys in Kigali, Alexandria, Brazzaville, Maseru, Lagos and Mombasa, to mention but a few such hubs.

My friend, Africa has indeed transformed herself from an exporter of raw materials with a declining manufacturing sector in 2013, to become a major food exporter, a global manufacturing hub, a knowledge centre, beneficiating our natural resources and agricultural products as drivers to industrialization.

Pan African companies, from mining to finance, food and beverages, hospitality and tourism, pharmaceuticals, fashion, fisheries and ICT are driving integration, and are amongst the global leaders in their sectors. Africa is now the third largest economy in the world. As the Foreign Minister’s retreat in Bahir Dar in January 2014 emphasized, we did this by finding the balance between market forces and strong and accountable developmental states and RECS to drive infrastructure, the provision of social services, industrialization and economic integration.

Let me recall what our mutual friend recently wrote:
“The (African) agrarian revolution had small beginnings. Successful business persons (and local governments) with roots in the rural areas started massive irrigation schemes to harness the waters of the continent’s huge river systems.

The pan-African river projects – on the Congo, the Nile, Niger, Gambia, Zambezi, Kunene, Limpopo and many others – financed by PPPs that involved African and BRIC investors, as well as the African Diaspora, released the continent’s untapped agricultural potential.

By the intelligent application of centuries-old indigenous knowledge, acquired and conserved by African women who have tended crops in all seasons, within the first few years bumper harvests were being reported. Agronomists consulted women about the qualities of various grains – which ones survived low rainfalls and which thrived in wet weather; what pests threatened crops and how could they be combated without undermining delicate ecological systems.

The social impact of the agrarian revolution was perhaps the most enduring change it brought about. The status of women, the tillers of the soil by tradition, rose exponentially. The girl child, condemned to a future in the kitchen or the fields in our not too distant past, now has an equal chance of acquiring a modern education (and owning a farm or an agribusiness). African mothers today have access to tractors and irrigation systems that can be easily assembled.

The producers’ cooperatives, (agribusinesses) and marketing boards these women established help move their produce and became the giant food companies we see today.’

We refused to bear the brunt of climate change and aggressively moved to promote the Green economy and to claim the Blue economy as ours. We lit up Africa, the formerly dark continent, using hydro, solar, wind, geo-thermal energy, in addition to fossil fuels.

And, whilst I’m on the Blue economy, the decision to form Africa-wide shipping companies, and encourage mining houses to ship their goods in vessels flying under African flags, meant a major growth spurt. Of course the decision taken in Dakar to form an African Naval Command to provide for the collective security of our long coastlines, certainly also helped.

Let me quote from our mutual friend again:
‘Africa’s river system, lakes and coast-lines abound with tons of fish. With funding from the different states and the Diaspora, young entrepreneurs discovered… that the mouths of virtually all the rivers along the east coast are rich in a species of eel considered a delicacy across the continent and the world.

Clever marketing also created a growing market for Nile perch, a species whose uncontrolled proliferation had at one time threatened the survival of others in Lake Victoria and the Nile.

Today Namibia and Angola exploit the Benguela current, teaming with marine life, through the joint ventures funded by sovereign funds and the African Development Bank.”

On the east coast, former island states of Seychelles, Comoros, Madagascar and Mauritius are leading lights of the Blue economy and their universities and research institutes attract marine scientists and students from all over the world.

My dear friend, you reminded me in your last e-mail how some magazine once called us ‘the hopeless continent’, citing conflicts, hunger and malnutrition, disease and poverty as if it was a permanent African condition. Few believed that our pledge in the 50th Anniversary Declaration to silence the guns by 2020 was possible. Because of our first-hand experience of the devastation of conflicts, we tackled the root causes, including diversity, inclusion and the management of our resources.

If I have to single out one issue that made peace happened, it was our commitment to invest in our people, especially the empowerment of young people and women. By 2013 we said Africa needed a skills revolution and that we must change our education systems to produce young people that are innovative and entrepreneurial and with strong Pan African values.

From early childhood education, to primary, secondary, technical, vocational and higher education – we experienced a true renaissance, through the investments we made, as governments and the private sector in education and in technology, science, research and innovation.

Coupled with our concerted campaigns to eradicate the major diseases, to provide access to health services, good nutrition, water and sanitation, energy and shelter, our people indeed became and are our most important resource. Can you believe it my friend, even the dreaded malaria is a thing of the past.

Of course this shift could not happen without Africa taking charge of its transformation, including the financing of our development. As one esteemed Foreign minister said in 2014: Africa is rich, but Africans are poor.

With concerted political determination and solidarity, and sometimes one step back and two steps forward, we made financing our development and taking charge of our resources a priority, starting with financing the African Union, our democratic elections and our peacekeeping missions.

The Golden Jubilee celebrations were the start of a major paradigm shift, about taking charge of our narrative.
Agenda 2063, its implementation and the milestones it set, was part of what brought about this shift. We developed Agenda 2063 to galvanize and unite in action all Africans and the Diaspora around the common vision of a peaceful, integrated and prosperous Africa. As an overarching framework, Agenda 2063 provided internal coherence to our various sectorial frameworks and plans adopted under the OAU and AU.

It linked and coordinated our many national and regional frameworks into a common continental transformation drive.

Planning fifty years ahead, allowed us to dream, think creatively, and sometimes crazy, to see us leapfrog beyond the immediate challenges.

Anchored in Pan Africanism and the African renaissance, Agenda 2063 promoted the values of solidarity, self-belief, non-sexism, self-reliance and celebration of our diversity.

As our societies developed, as our working and middle classes grew, as women took their rightful place in our societies, our recreational, heritage and leisure industries grew: arts and culture, literature, media, languages, music and film. WEB du Bois grand project of Encyclopaedia Africana finally saw the light and Kinshasa is now the fashion capital of the world.

From the onset, the Diaspora in the traditions of Pan Africanism, played its part, through investments, returning to the continent with their skills and contributing not only to their place of origin, but where the opportunities and needs were found.

Let me conclude this e-mail, with some family news. The twins, after completing their space studies at Bahir Dar University, decided to take the month off before they start work at the African Space Agency, to travel the continent. My old friend, in our days, trying to do that in one month would have been impossible!

But, the African Express Rail now connects all the capitals of our former states, and indeed they will be able to crisscross and see the beauty, culture and diversity of this cradle of humankind.

The marvel of the African Express Rail is that it is not only a high speed-train, with adjacent highways, but also contains pipelines for gas, oil and water, as well as ICT broadband cables: African ownership, integrated planning and execution at its best!

The continental rail and road network that now crisscross Africa, along with our vibrant airlines, our spectacular landscapes and seductive sunsets, the cultural vibes of our cities, makes tourism one of our largest economic sectors.

Our eldest daughter, the linguist, still lectures in Kiswahili in Cabo Verde, at the headquarters of the Pan African Virtual University. Kiswahili is now a major African working language, and a global language taught at most faculties across the world.

Our grandchildren find it very funny how we used to struggle at AU meetings with English, French and Portuguese interpretations, how we used to fight that the English version is not in line with the French or Arabic text!
Now we have a lingua franca, and multi-lingualism is the order of the day.

Remember how we used to complain about our voice not being heard in trade negotiations and the Security Council, how disorganized, sometimes divided and nationalistic we used to be in those forums, how we used to be summoned by various countries to their capitals to discuss their policies on Africa?

How things have changed. The Confederation last year celebrated twenty years since we took our seat as a permanent member of the UN Security Council, and we are a major force for global stability, peace, human rights, progress, tolerance and justice.

My dear friend, I hope to see you next month in Haiti, for the second round of unity talks between the Confederation of African States and the Caribbean states.

This is a logical step, since Pan Africanism had its roots amongst those early generations, as a movement of Africans from the mother continent and the Diaspora for liberation, self-determination and our common progress.

I end this e-mail, and look forward to seeing you in February. I will bring along some of the chocolates from Accra that you so love, which our children can now afford.

Till we meet again, Nkosazana

 

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#CSW58- MDG 8: Developing Global Partnership for Development


As the era of the MDGs draws to a close-(2000-2015) – one of the things that need paying attention to is; why did we fail to achieve the milestones? Why did Zimbabwe fall short on so many of the indicators? Central to these questions, is the issue of resources. This is because no policy, however brilliant, cannot be successfully implemented without the required financial and human resources. These resources can be attained where there is a clear fundraising strategy. Usually states fundraise through sustained economic growth in areas such as taxation, trade and consequently decreasing debt.

Zimbabwe has seen a steady growth of its GDP since 2009 recovering from the terrible 2007-2009 period of economic decline. However this growth has not translated into increased income in the home. External debt remains high, pegged at 113 % of the GDP. Overall availability of vital medicines has increased although there is low production of drugs, with CAPS-the leading pharmaceutical company- almost shutting down.  There is general improvement in access to cellular networks and internet with about 20% coverage. 65 in every 1000 people have access to a laptop. However the uptake of ICT’s remains largely centralised to the young and urban population. The lack of ICT legislation continues to hamper access.

What have we done well?

  • The Economic Recovery Programme implemented by former Finance Minister, Tendai Biti, emphasised economic and governance reforms which brought stability and recovery to the economy
  • Overall availability of vital medicines has remained stable because of the local production of drugs, enough to actually export some of the drugs.
  • Our creation and use of technology continues to improve; both mobile penetration and internet usage have significantly increased.
  • We are linked to both the Seacom and the EASSy undersea fibre optic cables, developments that have significantly improved our country’s internet connectivity.

What have we not done well?

  • We have no industry to talk of. Our manufacturing sector is still underproductive because of the many challenges it faces such as electricity load shedding and the liquidity crunch.
  • Domestic policy such as indigenisation and land reform, whose implementation is unclear continue to pose a threat to investment resulting in low foreign direct investment
  • Our proud and arrogant stance in our engagement with the international community continues to alienate possible allies in spearheading economic recovery.
  • The health sector still relies heavily on foreign funding, with our main donors being the Unites States, the European Commission, the United Kingdom and Australia. Our own government has not dedicated enough money to fund our health system.
  • We have not taken full advantage of our membership to regional integration initiatives such as COMESA, SADC and EU-ACP; for instance, we have not utilised the fact that SADC is a Free Trade Area which represents a large market to our goods and produce.
  • Although we are producing and exporting vital medicines, they are still expensive for the average person on the ground; as there is a leaning towards protecting the interests of the pharmaceuticals above those of the patients who are just ordinary citizens
  • We do not have an ICT policy to regulate the ICT industry resulting in stunted growth in that area.

What more can we do?

  • We need to re-engage the international community understanding that we live in a global village where we need allies and partners. Re-engagement should not mean begging, we do not need donations- we need good trade relations in which we bargain for the true value of our goods, both processed and raw.
  • We need an ICT policy to cater to the needs of a constantly changing technology landscape
  • We must learn lessons from the region. Rwanda is a good example, especially where the health system is concerned. In just 19 years Rwanda;
    •  increased its life expectancy from 28 years to 56 years;
    • decreased the size of its population living below the poverty line from 77.8% to 44.9%;
    • decreased child deaths from 18% to 6%;
    • increased the size of the population with health insurance from almost 0% to 90.6%;
    • maternal mortality dropped by 60%;
    • HIV,TB and Malaria deaths decreased by close to 80%;
    • The poorest pay nothing to access health care.

We have so much potential as a nation. We do not need aid! We have enough resources. If we deal with corruption, work to redistribute our resources equitably ad ensure that everyone, and not just the big fat-fatty cats continue to benefit, the challenge of failing to implement the MDG’s will cease to exist and be another old archive in the history books.

 
 

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Part 2-One Good Road


So as the BUS DROVE ON, we all gulped the dust, bore the bumpy road with gritted teeth and wished the driver could slow down just a little bit. He could not have cared less that the once-tarred-road was now more of a gravel road. He was out to make money and make it fast. It being a holiday, (Christmas and the New Year), business was good and he needed to drive as fast as possible, dump us at our destinations and go back for another load.

I thought to myself; all it will take is one good road. One good road that links the farmers to the market to sell their produce. One good road that allows the citizens to have access to a reliable transport network. One good road that allows businesses to transport their goods to the farming communities and limit the time farmers spend travelling to get basic goods. One good road that enables the citizens to have quick and easy access to hospitals. I recalled the stories told of the women dying of complications in childbirth, and the many other people who died on their way to the hospital.

The area I am concerned with today is among the highest cotton producing areas in Zimbabwe. The road is frequented by large haulage trucks transporting farming produce, linking the farmers to the market. That road is so terrible, however, that I had to park my car in Kadoma and use public transport. Many transport operators are unwilling to tour the route arguing that the road will damage their vehicles, causing them to incur more expenses in repairs hence making their businesses unprofitable. The value of a good road both for human development and economic development cannot be overstated and as the African Development Bank always emphasises, good roads facilitate the movement of goods and people from remote areas to the main economic and social structure of the country.  The availability of a good road network, increases traffic flows and hence decreases the economic costs of transporting goods to and from markets. The same roads facilitate access to health, education and information.

The road stretches for only 140 kilometres connecting Kadoma, Patchway, Chakari, Golden Valley, Sanyati, Copper-Queen and Gokwe.Five ( 5 ) different MPs represent the people who need this road to work; Kadoma Central MP -Fani Phanuel Phiri of ZANU (PF), Chakari MP-Aldrin Musiiwa of ZANU (PF), Sanyati MP-Blessed Runesu of ZANU (PF), Gokwe Nembudziya  MP-Mayor Wadyajena of ZANU (PF) and Gokwe Mapfungautsi MP-Mirriam Makweya of ZANU (PF).

Surely if these 4 men and 1 woman are true representatives of their constituencies, the issue of this road shall be a priority on their 5 year mandate as the issue of jackals/hyenas in Buhera is to Comrade Chinotimba. Yes, the rural district councils in some of these areas are tasked with the responsibility to construct and maintain the roads but central government, which the MPs have direct access to and are part of, is bound by national policy to provide resources through the national fiscus, to ensure that the local authorities perform their responsibilities as provided for in the Local Government Act.

I will certainly be watching them. After all, it’s only one good road.

 

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An ode to a great man: Celebrating Mandela


A bright light has been dimmed in Africa, our motherland. No it hasn’t been switched off, for the legacy of this great nation-builder remains with us. We mourn, we remember but above all we celebrate a life well lived, fighting for peace, dignity and freedom for the down-trodden.  Individuals like Nelson Mandela are not mourned, they are celebrated for he inspired change wherever he went and the millions of condolence messages pouring in are a testimony of the depth of character of this great leader.

Picture Credit-Everett (fineartamerica.com)

Picture Credit-Everett (fineartamerica.com)

He led a selfless life, sacrificed his youth to the advancement of human dignity and the freedom of his nation and people. His courage of conviction led him through the 27 years of incarceration, as he envisioned a free South Africa in which black and white co-existed peacefully. His release signified the beginning of freedom and unity as he sought progress for his country through reconciliation. He inspired many with his integrity and compassion, including myself, and we shall continue to pursue the ideals that he preached and lived.

 

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My love letter to the Zimbabwean Judiciary


Dearest esteemed colleagues, honourable members of ‘THE’ noble profession, Judges of our revered Courts, I write this intimate missive to you -one lawyer to another. You have an onerous task; TO CHANGE SOCIETY FOR THE BETTER. In fulfilling that role you also face the challenge of trying to balance the interests of two of the most difficult and at times irrational groupings in our society, politicians and the citizenry.

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

My lordships and ladyships; 120 years ago, on 9 February 1893, an American lawyer, politician and statesman who was also a Democrat presidential nominee 3 times-William Jennings Bryan said something profound, that I believe many of you-being widely read-have come across. He said, “Next to the Ministry [preaching the word of God], I know of no more noble profession than the law. The object aimed at is justice, equal and exact, and if it does not reach that end at once it is because the stream is diverted by selfishness or checked by ignorance. Its principles ennoble [lend greater dignity or nobility of character] and its practice elevates.”

Sirs and madames; the wisdom in this statement remains relevant today as it was then. For what are we as lawyers, if we do not seek to see justice delivered? Can we call ourselves agents of change and justice if our work is driven by self-gain and selfishness? Do we retain our dignity and the dignity of our profession when we display blatant bias, towards things that trash justice and all its principles?

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

Monsieur/madame le juge, my requests are few and simple:-

Make decisions on merit not on political bias

Have a quiet dignified presence.

If the system is rotten, be the maverick within-not just any maverick but one for justice; independent, impartial, accountable. As Martin Luther King Jnr said “The arc of the moral universe is long, but it bends toward justice.” You are entrusted with ensuring that the arc bends towards what is right, fair and true-please do not throw that trust to the dogs.

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

My Lord and Ladies, I know you need to eat, but if you must eat won’t you have hard-earned and honestly attained worms than ill-begotten pudding? I assure you, for eating the worms-history will judge you kindly for your sacrifice. Don’t you think that your integrity and leaving behind a legacy of fairness and balance is much more honourable than serving your immediate needs?

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

Lordships and Ladyships, a wise someone once said “ The judge who gives the right judgement while appearing not to do so will be thrice blessed in heaven, while on earth will not be so.” Is this something that you might want to guide you in making your decisions?

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

Resepectfully, I know you are human beings before you are judges.  I know you experience fear; fear of losing your jobs, fear of reprisals, fear of the unknown.  Do not let fear expropriate your dignity. Rather as Thomas Pain so aptly put it, there is character in strength and choosing to do what is right, above what is convenient. He said, “I love the man that can smile in trouble,  that can gather strength from distress, and grow brave by reflection. Tis the business of little minds to shrink, but he whose heart is firm, and whose conscience approves his conduct, will pursue his principles unto death.“

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

Humbly, when I ask you for impartiality, I am NOT saying do not come to the Bench with any ideas. The truth and reality of it is that you already have them; for or against women, gays, lesbians, prisoners, rapists, murderers, politics, political parties, ideologies and struggles. So bring your ideas to the Bench, but do not let these cloud your judgement in delivering justice. If anything, acknowledge you have these ideas in your head already but challenge them or affirm them with thorough, well-reasoned, value-based, critical thinking entrenched in the two principles of fairness and justice.

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

Your honour, it begins with you to serve justice and yes, your contribution as an individual even if no one else will back you, does matter. Ask Justice Koome of Kenya how she did it. She had a one (wo)man show, where she observed the right and freedom of all individuals from unlawful detention. And so she cleared all cases in the courts of individuals who had been arrested for “insulting the President.” Guess what, even after making these “unwelcome” decisions, which possibly could have lost her a job and income, she remains a judge today.

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

Honourable judges, I believe you know the law is an unfinished publication, you continue reading as each chapter unfolds right in front of you. I have come across these words and would like you to hear them too. They were spoken by Professor John Dugard, a South African scholar of great repute in his criticism of South African judges under apartheid South Africa. He said “The judge is not a mere automaton who declares the law…he has a wide range of options open to him in fact-finding, in the interpretation of statutes, in the review of administrative action, in the application of precedent and in the selection of Roman-Dutch authority; and. . . in choosing between conflicting and contradictory principles of statutory interpretation, precedent and Roman-Dutch authority, the judge may legitimately select those principles, precedents or authorities from our liberal Roman Dutch heritage which best advance equality and liberty.” So think, think and think again before you hand down your decision. Think in favour of equality and liberty. Think in favour of fairness and justice.

 I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

My Lords and Ladies, do not be afraid of labelling, if you are doing a good job, your record will speak for itself. As Justice Yvonne Mogkoro, former Judge of the South African Constitutional Court once said, “The role of a judge is not to be popular but to deliver justice, undiluted, unpolluted.” Your maturity comes with fearlessness and boldness. Do not cower from justice-deliver justice.

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

Oh my Lordships and Ladyships, humbly I urge, be careful in your speech, your utterances, your verdicts and your reasoning. You will be charged for it-maybe not in one of your courts of law-but in our collective memory as a nation. Jackie Assimwe, a friend and human rights defender from Uganda once said, “Once a judiciary is compromised, then the justice it delivers is tainted.” Do not let us doubt the efficacy of your footprints. Rather, regenerate in our minds the integrity and wisdom of the Bench.

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

In humility and gratitude, I salute those of you who were suspended for rightly releasing, wrongfully arrested and detained fellow lawyers and human rights defenders.

I salute those of you who defend the rights of the defenceless, in particular prisoners as you ensure their right to fair trial and dignified existence while incarcerated.

I salute those of you who uphold fundamental freedoms, of speech, expression, association, assembly and of the press.

I salute those of you who recognise that divergent views within any society are patriotic as they foster constructive discourse.

I salute those of you who refuse to be “cadrerised”-after all your greatest strength lies in independent thought and expression.

May I invite you all to make these wise words by Mahatma Ghandi your daily mantra in executing your noble duty:

“Let the first act of every morning be to make the following resolve for the day:

I shall not fear anyone on Earth.

I shall fear only God.

I shall not bear ill will toward anyone.

I shall not submit to injustice from anyone.

I shall conquer untruth by truth.

And in resisting untruth, I shall put up with all suffering.”

My final humble request: I ask you not to favour me or either one of them [politicians or citizenry]; but please favour justice.

 

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Stepping with grace over stony ground


A deep silence has settled
no jubilant cheering crowds
no smiled greetings from vendors at traffic lights/on the streets/in the shops

just a stunned disbelieving quietness
just deep, tired lines etched on the kind , caring faces around me

today……..

and we turn into tomorrow
knowing that we are still here
just where we are meant to be
that ours is not to choose to turn and face the wall
but to keep stepping with grace
over stony ground

that we are here with deep learning
each with a different calling
but with the knowing that our greatest work
is to bring peace
into our families and communities and children

is to stay connected to what is real and beautiful
the happy voice of the young boy named Perfect playing next door
and the wide eyed welcoming smile of my grandson

to keep stepping with grace
over stony ground

**This poem was written by Bev Reeler a Zimbabwean citizen, mom and grandma.**

 
4 Comments

Posted by on August 5, 2013 in Governance, Zimbabwe

 

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The Harassment of Justice: A tale of a tale


A couple of months ago, I published “The Story of Beatrice Mtetwa-A Red Herring’ in which I posed a number of theories pertaining to Beatrice’s arrest. One of them was that Beatrice’s arrest was an intimidation tactic by state agents of all citizens who would wish to take the same stand as Beatrice; i.e. the stand to fight against any injustice visited upon individuals who are fighting for human rights and fundamental freedoms of citizens. I emphasised that Beatrice’s persecution and vilification was meant as an example calculated to ensure that sufficient fear was planted in all of us so that whoever doesn’t toe the correct political line, will face the full wrath of those in power, under the guise of the law.

This theory seems the most relevant given the continued onslaught that the state has launched against Beatrice. This blog however seeks not to over-analyse the reasons behind the onslaught but rather to give an update of how this case has proceeded.

  •  17 March: Beatrice Mtetwa was arrested in Avondale. On arrest she was charged with obstructing or defeating the course of justice in contravention of Section 184 (1) (g) of the Criminal Law (Codification and Reform) Act.
  • 18 March: at exactly 0151 a.m.  High Court Judge Charles Hungwe, from his home, ordered Beatrice’s immediate release. He argued that there was no basis for her continued detention since the allegations laid against Beatrice did not reveal a criminal offence.
  • 18 March: around 0230 a.m. Beatrice’s lawyers served Justice Hungwe’s order on officers at Rhodesville police station. The police officers refused to release Beatrice.
  • 18 March: Beatrice’s lawyers lodged an application in the High Court stating that the refusal by the police to enforce Justice Hungwe’s order was in contempt of court.
  • 18 March: Beatrice was told that she would appear in court on 19 March and based on this information her lawyers withdrew their application.
  • 18 March: Justice Hlatshwayo dealt with the withdrawn application and dismissed it with no reasons given.
  • 19 March: Beatrice appeared before Magistrate, Marehwanazvo Gofa, at Rotten Row Magistrates Court represented by Advocate Thabani Mpofu to determine her remand conditions. Advocate Mpofu argued that this hearing should not have been done in the Magistrates Court since an order of the High Court a more superior court had already granted Beatrice’s release.
  • 19 March: Advocate Mpofu argued that Beatrice had not been treated well in police custody because in the dead of the night, on 18 March two male police officers entered Beatrice’s detention cell at Rhodesville Police Station and attempted to uncover her from her blankets. Beatrice feared that she might be raped.  Further, she had not been allowed to bath since her arrest.
  • 19 March: the Magistrate ruled that the case was rightly before the Magistrates Court because the issue of her placement on remand was separate from the issue of her detention in police custody.
  • 19 March: Beatrice’s lawyers proceeded to request that she be remanded out of custody and gave reasons why she should be granted bail including that she is a highly reputable and established lawyer, with no criminal record.
  • 19 March: the Prosecution requested an adjournment to respond to Beatrice’s lawyers’ argument and the Magistrate adjourned the case to 20 March 2013.
  • 20 March: the State argued that Beatrice should not be granted bail because the charges she was facing were very serious, that she would likely abscond because she had a foreign passport, or that she would interfere with investigations if released and that her release would set a dangerous precedent. “Anarchy would prevail”, they argued.
  • 20 March: Magistrate Gofa bought into the prosecutor’s argument and dismissed Beatrice’s bail application and remanded her in custody to 3 April.
  • 21 March: Beatrice’s lawyers appealed this decision in High Court.
  • 22 March: Justice Joseph Musakwa heard the appeal.
  • 22 March: State requested adjournment of the appeal to ‘allow time to submit their response.’ Justice Musakwa agreed to the adjournment and set down the appeal hearing for 25 March.
  • 25 March: Justice Musakwa granted Beatrice $500 bail setting aside the Magistrate’s on the basis that Beatrice’s reputation was too great to be ignored and that the police had not shown how much of the investigation was left to be “interfered with.”
  • 3 April: Beatrice appeared before Donald Ndirowei for a routine remand hearing. Magistrate Ndirowei postponed the matter to 8 April to allow the State to determine a trial date and her lawyers to challenge her being remanded.
  • 5 April: the prosecution served Beatrice with papers setting out their case against her.  The prosecutors added fresh allegations against Beatrice.  The fresh allegations stated that on top of saying “Stop whatever you are doing, it’s unconstitutional, illegal and undemocratic,” as was the case in the initial charge, Beatrice had also said “You confused cockroaches”  “Murimbwa dzaMugabe” i.e. “You are Mugabe’s dogs” and that she had conducted herself in an ‘indecent’ manner when she threatened to relieve herself in a public place.The case named nine witnesses set to testify. These were:
  • Chief Superintendent-Luckson Mukazhi
  • Detective Assistant Inspector-Wilfred Chibage
  • Detective Constable-Ngatirwe Mamizi
  • Detective Sergeant-Taizivei Tembo
  • Assistant Inspector-Thabani Nkomo
  • Chido Chawanikwa-a police officer
  • Stembiwe Vera-a caretaker at Prime Minister Morgan Tsvangirai’s research and development office
  • Brian Mutusva-a computer technician in the Prime Minister’s Office and
  • Zororai Mudariki-a driver.
  • 8 April: Beatrice appeared in the magistrates’ court. The state’s case was led by Tawanda Zvekare, Acting Director of Public Prosecutions in the Attorney General’s Office, assisted by Michael Mugabe, a chief law officer.
  • 8 April: Beatrice was remanded on bail and the case was adjourned to 27 May when the trial was expected to begin.
  • 27 May: Beatrice’s case was set to start at Rotten Row Magistrates Court presided over by Magistrate Tendai Mahwe. The trial failed to start on time because Tawanda Zvekare, the Acting Director of Public Prosecutions in the Attorney General’s Office and Michael Mugabe, the chief law officer who were leading the prosecution did not arrive at the court on time. The trial was also delayed because the designated courtroom did not have the necessary equipment to record the proceedings. Then when eventually a courtroom with equipment was found, power went off.
  • 27 May: Magistrate Tendai Mahwe postponed Beatrice’ trial to 8 June 2013.
  • 8 June: Magistrate Tendai Mahwe recused himself from presiding over Beatrice’s trial after she had filed an application for such recusal stating that Magistrate Mahwe had already heard the testimony that her witness would give in another case.
  • 10 June: Beatrice’s trial kicked off at Rotten Row Magistrates Court presided over by Magistrate Rumbidzai Mugwagwa. She was represented by her lawyer, Harrison Nkomo. Beatrice pleaded not guilty to charges of defeating or obstructing the course of justice.
  • 10 June: Magistrate Rumbidzai Mugwagwa postponed Beatrice’s trial to Saturday 15 June 2013 to allow her lawyer to attend to some other matters in the High Court.
  • Meanwhile the trial continues with hearings held each Saturday and we wait to hear what the final verdict will be.

Anomalies with this case

  • Arrest of a legal practitioner while conducting her duties;
  • Contempt of court by police officers ignoring a High Court order;
  • Retrial by the Magistrates Court of an issue that had already been decided by a higher court;
  • Harassment of a High Court Judge for ordering the release of an upright human rights defender;
  • Display of political intolerance and disregard for constitutional and legal guarantees of freedom and rights of citizens.

**** If convicted, Beatrice stands to serve a maximum penalty of either a fine of $400 or 2 years’ imprisonment, or both fine and imprisonment. ****

 Acknowledgement goes to Zimbabwe Lawyers for Human Rights, Sokwanele, Veritas, Kubatana and a few other independent sources of information for the information resources used to compile this update.

 

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