WE condemn in the strongest terms possible, the arrest of The Sunday Mail editor Mabasa Sasa, investigations editor Brian Chitemba and reporter Tinashe Farawo for alleged publication of falsehoods over their lead story “Top cop fingered in poaching saga”. Being at a loss for words over the police’s strong-arm tactics, we defer to Abraham Maslow’s law of the instrument, which he explains as over-reliance on a familiar tool, and in this case, the handcuffs and the 6×8 foot cell.

Said Maslow: “I suppose it is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail.” While this statement sums up what the police did to The Sunday Mail trio, the handcuffs are not the only tool at the police’s disposal as they have a full Press and Public Relations unit whose duty is to interact with the media.

This should have made the police alive to other less dramatic forms of engagement like engaging The Sunday Mail editor and giving their own side of the story.

This is not to say the police were not given the chance to give their side of the story as their chief spokesperson Senior Assistant Commissioner Charity Charamba is quoted in the offending story, but in her wisdom or lack of it, she did not share with The Sunday Mail what she purported to share with the nation in the self-serving Press statement she released yesterday.

We decided, as a matter of principle, to ignore that expedient statement in solidarity with our colleagues as it was akin to closing the stable doors after the horses have bolted.

What shocked us in the afterthought statement was the clear attempt to get our colleagues to reveal their sources, itself a cardinal sin in journalism which is why the new Constitution offers us protection of our sources.

To this end, we wonder if the police are aware that Section 61 (2) of the new Constitution offers journalists such protection. The section reads: ‘’Every person is entitled to freedom of the media, which freedom includes protection of the confidentiality of journalists’ sources of information.”

So journalists, just like with lawyers and their clients, doctors and their patients, hold the confidentiality of sources sacrosanct.

Again, let the record show that the police were given an opportunity to speak in the offending story and they did, which leaves us wondering why they are behaving like they were not participants in the story, given that the story names other agencies like the Zimbabwe Parks and Wildlife Management Authority, which has not shown similar panic.

It is this overreaction that implies that The Sunday Mail story cut too close to the bone, that the police have something to hide. It is our hope that the police are not implying that they are above reproach.

We condemn the clear victimisation of our colleagues who have needlessly spent the past 48 hours in custody without being charged with the police running all over the place alleging publication of falsehoods.

This points to an apparent attempt to intimidate journalists from doing their jobs, a view compounded by the police’s deliberate decision to hold the trio without charging them until the mandatory 48 hours have lapsed.

This smacks of vindictiveness and pre-judicial punishment meant to cow journalists into submission. Such excitable actions serve no other purpose than to give our country a bad name, and create the impression of media under siege which in turn gives detractors ammunition to abet their nefarious, anti-Zimbabwe agenda.

We all want answers to the tragedy in Hwange National Park, which does not only have a far-reaching ecological impact, but serious implications on our tourism industry. We, however, do not believe the solutions can come from trying to intimidate the media from getting to the bottom of the story.

We hope police commissioner general Dr Augustine Chihuri is aware that the police and the media should be partners in fighting crime, the one helping the other and vice versa.

Mduduzi Mathuthu and Pamela Shumba—
Professor Jonathan Moyo’s daughter, Zanele, was buried without a heart, The Chronicle can reveal. Just days after Zanele was laid to rest in Harare, the Higher and Tertiary Education Minister’s family has been plunged into fresh agony following the disclosure. A crack team of Zimbabwean detectives probing the student’s death last month in Cape Town broke the news to the minister and his family last week following a second post-mortem conducted in Harare.

President Mugabe and Vice President Phelekezela Mphoko have called for an urgent and thorough investigation into the 20-year-old’s tragic death.

Sources close to the investigation say the family is “extremely distressed” by the findings of Dr Gabriel Alviero Gonzalez and Dr Tsungai Victor Javangwe, both forensic pathologists at Parirenyatwa Hospital in Harare, who conducted a post-mortem examination of Zanele’s body on October 22.

The post-mortem, conducted at the insistence of the family which suspects foul play in Zanele’s death, was the second following another conducted by Dr Sipho Mfolozi at the Salt River Forensic Pathology Laboratory in Cape Town on October 19.

Zimbabwean investigators now believe Zanele’s heart was removed by pathologists during the autopsy in Cape Town and never placed back inside her body before it was released to her family. Zanele’s body was found lying face-down in the bathroom of her third floor Cape Town apartment on October 17.

She was buried at Glen Forest Memorial Park in Harare on October 23, but the family was only told of the discovery of the missing heart days later after Dr Gonzalez and Dr Javangwe handed their findings to the Criminal Investigations Department, which is leading the Zimbabwe investigation.

Salt River Forensic Pathology Laboratory manager Wayne Mitten declined to comment, after earlier requesting questions to be sent to him through e-mail.

Constable Noloyiso Rwexana, a spokesperson for Western Cape Police, responding to e-mailed questions over their investigation into Zanele’s death, said: “Kindly be advised that this office is not in a position to give you a comment at this stage as the investigation is yet to be finalised.”

Zimbabwe’s national police spokesperson Senior Assistant Commissioner Charity Charamba said: “It must be understood that the investigation into Zanele’s death is being conducted by South African police. We don’t have extra territorial jurisdiction but what we’re doing is to assist our colleagues in South Africa. They’re best positioned to comment on the issues you’re raising.”

Zimbabwean investigators have ordered rape, toxicology, histology as well as alcohol and drug tests from samples obtained from Zanele’s body during the second post-mortem in their bid to establish what caused her death. Zanele’s missing heart has disturbed seasoned doctors who described it as “unheard of”.

Dr Solwayo Ngwenya, the clinical director at Mpilo Central Hospital in Bulawayo, said: “I’ve never heard of a whole body part that is removed and not placed back.

“The only time that a whole body part is removed and not taken back is when it’s used for teaching purposes or for organ donation and of course this is always done with the consent of relatives of the dead person.”

Dr Solwayo, who has been practising for 19 years, explained that when a post-mortem examination is carried out, small amounts of tissue samples are taken from body parts such as the brain, liver, heart, kidney and bowels.

“The tiny samples are put in a small container with water and taken to the lab for the autopsy. It’s almost impossible to see that any body part has been tampered with because the tissue samples are tiny. Every body part should be just as it was before the examination,” he said.

Prof Moyo declined to comment, but family friend Philip Chiyangwa said: “We can’t wrap our heads around what has just happened. We’re still trying to unravel what killed Zanele, and now we must worry about who took her heart and for what reason?”

He said they were battling with several possible scenarios, including negligence by the Salt River Laboratory, an attempt to conceal evidence or even witchcraft.

Described by her sister, Lungile, as a “very happy person who loved to make people laugh” and “very wise for her age”, Zanele was a second-year student at the University of Cape Town and lived off campus. Her friend Nicole Bento last saw her on Wednesday, October 14, at her apartment.

She was in the company of a Zambian man, Stephen Kenneth Newman Chitobolo (29). Nicole has told investigators that Chitobolo — whom she had earlier observed smoking cannabis — called her at about 9pm on that same day and said Zanele was “passing out”. He claimed he was leaving for Zambia because his father had died.

Nicole, a high school friend of Zanele’s, was unable to go over to her friend’s apartment because her mother had visited. She tried to reach Zanele on Thursday and Friday without success until Saturday, October 17, when Zanele’s mother, Beatrice, called from Zimbabwe and instructed her to find a locksmith and get inside the apartment.

Zanele’s door had been locked from inside. On finding her, she was dead and lying in a pool of blood. The building’s caretaker, it is said, pulled Zanele’s body along the floor leaving a trail of blood smear on the bathroom floor.

A small amount of cannabis was also found in one room. It remains unclear if Cape Town police have been able to interview Chitobolo, who is thought to be the last person to see Zanele alive. Zanele’s family, according to Chiyangwa, believes Chitobolo holds the answers in solving the mystery of her death.

Investigators in Cape Town have, however, told the family that results of toxicology tests can take up to six years – by which time if criminality is established, it could be near impossible to find suspects and witnesses.

The Salt River Laboratory receives between 10 and 15 bodies daily – around 3 300 bodies a year. This explains the inordinate amount of time it takes to get toxicology test results, a state of paralysis that has made Cape Town an attractive destination for “murder tourism”.

Zanele’s family has also expressed concerns with the police investigation in South Africa after they neglected to ask the laboratory to establish the time of death, which resulted in October 17 – the day her body was found – being listed in her death certificate as the day she died. The fact that when her body was found she was dressed in the clothes she was last seen wearing on October 14, according to her family, makes the conclusion that she died on October 17 an absurdity.

Top Harare lawyer Terrence Hussein, who accompanied Prof Moyo to Cape Town to bring Zanele’s body home, said last week: “It would’ve been better to ascertain [the time of death] scientifically. It gives you an accurate picture of what took place and also when connecting individuals to a scene.

“Now, if you want to question people they can simply escape by saying they weren’t there when Zanele died. You literally immunise all suspects, you give a defence. It’s inconsistent with the strict requirements of a criminal investigation, which this one is.”

Takunda Maodza

Herald Reporter
Herald Assistant News Editor Takunda Maodza was yesterday arrested while investigating a story that the Levy family is reportedly funding the People First project reportedly led by sacked former Vice President Joice Mujuru. He was by late last night still assisting police with investigations.

Reports say Mr Isaac Levy called Maodza at his Borrowdale offices at Sam Levy Village, promising to give a comment on the matter, but police detectives pounced on him, accusing the reporter of demanding a bribe.

Although impeccable sources revealedthat Maodza declined to take the money offered by Mr Levy, police officers proceeded to arrest him and took him to Harare Central Police Station.

“Police are saying he was offered money, but Mr Levy is saying he declined to take the money, but they still proceeded to arrest him,” said the source. Mr Levy was no answering his mobile phone yesterday night. Maodza’s family lawyer was yesterday night making frantic effort to have released.

Maodza’s arrest comes barely three days after three Sunday Mail journalists Mabasa Sasa, Brian Chitemba and Tinashe Farawo, are in police custody awaiting an initial court appearance for publishing alleged falsehoods.

Yesterday Chief spokesperson Senior Assistant Commissioner Charity Charamba issued a statement suggesting that the trio would have to divulge their sources of information, a cardinal sin in journalism practice.

Innocent Ruwende Senior Reporter
The Zimbabwe National Editors Forum (Zinef), lobby groups and other media organisations have condemned police for the arrest of The Sunday Mail editor Mabasa Sasa, investigations editor Brian Chitemba and reporter Tinashe Farawo following the publication of a story in the latest edition of the weekly which fingered a top cop in the killing of elephants at Hwange National Park.

In a statement Zinef said: “This is a serious violation of Section 61 and 62 of the Constitution which guarantees Press freedom which also guarantees the protection of sources.

“We urge the police to investigate and not to arrest in order to investigate. It is unhelpful and smacks of repression to arrest editors and journalists on issues that are not criminal but is part of their legitimate work, in this particular case, to expose the rot in our society.”

Zinef said police must not cover up for its failures to protect Zimbabwe’s wildlife by threatening the media, stressing there were better and more civilised ways of dealing with such cases.

For instance, the police could have lodged a complaint with the Zimbabwe Media Commission or VMCZ, or sought to engage the editor and his staff for the right of reply to set the record straight.

Zinef said the arrests appear to be a continuation of a worrying trend where journalists are arrested and ill-treated by police for carrying out their duties, saying police on October 23 detained and interrogated three journalists in Rusape.

The police detained freelance journalist Sydney Saize, Bernard Chiketo of The Daily News and Kenneth Nyangani, a correspondent for NewsDay, for more than an hour after they arrested them while they were covering a demonstration staged by some MDC-T party supporters outside Rusape Magistrates’ Court.

The Zimbabwe Union of Journalists (ZUJ) also condemned the arrest and urged police to conduct internal investigations.

“Why are they arresting the messengers? Why not conduct investigations to see which officials are involved? The issue of elephant poaching is of national importance. It was their right as journalists to expose the scandal. We condemn these acts of harassment. Police should not be seen anywhere near the newsroom. They should conduct their own internal investigations,” said ZUJ secretary-general Foster Dongozi.

VMCZ also yesterday said it condemned in the strongest terms the arrest and detention of the journalists. “The trio’s arrest is outrageous and unacceptable in a country that purports to uphold freedom of expression and freedom of the media,” said VMCZ executive director Loughty Dube.

“VMCZ expresses concern that the arrest of the three newsmen happened while journalists worldwide were commemorating the International Day to End Impunity for Crimes against Journalists. Suffice to say, it is the role of the media to play the watchdog role and be the guardian of public accountability, including on law enforcement agents and other public officials.”

The Media Institute of Southern Africa (MISA) national chairperson Kumbirai Mafunda said: “We are of the view that there are better ways of seeking redress if police feel that their reputation has been harmed. Such redress includes approaching VMCZ or holding a Press conference outlining their position without detaining journalists.”

Amnesty International said the detention of the three journalists was a shocking attempt to threaten freedom of the Press and called for their immediate release.

“Arresting journalists on the basis of ‘publishing falsehoods’ has a chilling effect that may restrict the ability of the media to expose alleged criminal activities by the authorities,” said Muleya Mwananyanda, Amnesty International’s deputy director for Southern Africa.

“These actions create a climate of fear in Zimbabwe and perpetuate impunity.” Dozens of journalists in Zimbabwe have been charged in the past under the Criminal (Reform and Codification) Act for “publishing falsehoods”. They were all subsequently acquitted.

“Authorities must not target journalists. Media workers must be allowed to do their work without harassment or intimidation,” said Mwananyanda.

In statement yesterday, Zimpapers Editors Forum chairman Isdore Guvamombe noted the arrest of three journalists with a deep sense of shock and regret.

Guvamombe said the ZRP and the media’s relations had solved crimes and kept the country safe, adding that this co-operation had demonstrated how the two institutions’ symbiotic relations helped communities.

“That the three journalists would have spent two nights in police cells before eventually being presented in court on Wednesday (today), November 4, for doing not so much more than practising journalism, illustrates the vindictive and heavy-handed approach chosen by the ZRP.

“Just as the ZRP sometimes arrests, in good faith, only for suspects to be acquitted in court, media organisations also always endeavour to publish only what they believe to be true and in the national interest.

“But mistakes also do happen in the newsroom, and the response of any wronged individual or organisation should be never to respond with handcuffs, as the ZRP has done, or some other such irrational behaviour,” said Guvamombe.

“We do not know if The Sunday Mail story exposing the chaos on our game reserves where police officers are implicated in the deaths of dozens of elephants contained inaccuracies. But what we do know is that journalists have an absolute protection of their sources guaranteed by the Constitution, as well as their right to practise their profession unhindered.”

He said ZEF failed to understand how an organisation sworn to uphold the Constitution such as the ZRP could embarrass itself by resorting to such tactics.He said The Sunday Mail editor would have provided the police with leads to apprehend the suspects or secured the ZRP a retraction if inaccuracies in the story were established. “Our colleagues have been charged with ‘publishing false statements prejudicial to the State’ that have the effect of ‘adversely affecting the . . . economic interests of Zimbabwe’”.

Minister Made

Elita Chikwati Agriculture Reporter
Fertiliser prices have fallen by 13 percent, with industry attributing the development to increased capacity utilisation by manufacturers. The prices are expected to further fall by 7 percent to reach the targeted 20 percent during the 2015-16 farming season.Capacity utilisation at fertiliser manufacturing companies has increased from 30 to 80 percent.

Fertiliser industry spokesman Mr Misheck Kachere, who is also Chemplex chief executive officer, confirmed the fall in the prices.

“We have reduced fertiliser prices by 13 percent. Compound D fertiliser used to sell at $640 per tonne or $32 per 50kg and is now at $550 per tonne or $27,50 per bag,” he said. “Ammonium Nitrate was initially on $700 per tonne or $35 per bag, but has declined to $620 per tonne or $31 per bag.

“A 50kg bag of Compound D fertiliser now costs $27,50 from $32. We are still confident that we will get to our target of 20 percent. Meanwhile, farmers have started buying fertiliser but the sales are still low. We expect sales to pick up once the rains come.”

Farmers have welcomed the fall in prices saying it will help boost production.

Zimbabwe Indigenous Women Farmers Association Trust president Mrs Depinah Nkomo applauded the fertiliser industry for reducing prices.

“Fertiliser is an important input in crop production and if the prices are high, production costs also increase,” she said. “We urge other suppliers to emulate the fertiliser industry. Prices of other inputs such as seed and chemicals should also come down.”

Mrs Nkomo urged Government to consider the subsidising prices of all inputs to reduce production costs and boost food production.

“We need irrigation and other farm implements. Government should ensure they are affordable so we can increase production,” she said. The fertiliser industry has assured farmers that it had enough fertiliser this farming season. The industry has over 50 000 tonnes of the commodity in stock.

It ruled out fears that developments at Sable Chemicals would affect supplies. The Midlands-based firm is now operating at 10 percent capacity due to power challenges. Meanwhile, Government has released $14,6 million towards payment of farmers who delivered their maize to the Grain Marketing Board during the 2014/15 and 2015/16 seasons.

Treasury will also release more money next week to pay for all the wheat that has been delivered to the GMB depots. To date, GMB has paid a cumulative $114 million to farmers delivering maize, small grains and wheat to the parastatal’s depots. Agriculture, Mechanisation and Irrigation Development Minister Dr Joseph Made yesterday said the release of $14,6 million reduced the outstanding money owed to farmers to $16,4 million.

“Cabinet has immediately released the money to speed up support to farmers to acquire inputs to start the season. This is direct to GMB and it will enable us to clear outstanding money for the 2014/15 maize payments and 2015/16 part payments

“I am grateful to Treasury for appreciating the confidence farmers have in Government. I urge GMB to speedily pay farmers without diverting any cent,” he said.

Dr Made raised concern over the increase in inputs prices and said this defeated the whole purpose of empowering farmers. “We appeal to input suppliers, particularly seed, to reduce costs. Farmers have been given resources to procure inputs but to take everything from them will make their lives difficult.”

Dr Made expressed concern that input suppliers were increasing prices when the Reserve Bank of Zimbabwe had reduced interest rates on loans.

Wharton

Herald Reporter
Outgoing United States Ambassador Mr Bruce Wharton yesterday said relations between his country and Zimbabwe had improved in the past three years, but said Washington would maintain its illegal sanctions regime against Harare. Briefing journalists after bidding farewell to Vice President Phelekezela Mphoko at his Munhumutapa offices, Mr Wharton said both countries had a duty to work towards normalisation of relations.

“For the past three years I think we have made real progress,” he said. “I had a number of meetings with several Government officials and good conversations about what both Zimbabwe and United States can do to improve the relations between the two governments. I remain convinced that the future is good for both of us.”

Asked what the US was doing to remove illegal sanctions under the widely condemned Zimbabwe Democracy and Economic Recovery Act (ZIDERA), Mr Wharton said both Harare and Washington had an obligation to work towards their removal.

“It takes action from both the US and Zimbabwe,” he said. “I cannot predict what Zimbabwe will do. The magic is if Zimbabwe focuses on the concerns that gave rise to Zidera.” The US and the European Union imposed illegal sanctions on Zimbabwe after Harare embarked on the land reform programme aimed at correcting historical land imbalances skewed in favour of the white colonial minority.

Mr Wharton said issues that Zimbabwe should work on had to do with investment policies to make them predictable. “Confidence is built in many different ways,” he said. “If I were Zimbabwe I would strive to improve this country’s economy, that includes title to land, making sure that courts work properly and having a clear and predictable investment policy.”

Asked on his achievements during his tenure, Mr Wharton said he helped the US increase its support in many areas, including humanitarian assistance. Mr Wharton expressed gratitude to the Government of Zimbabwe for allowing him to serve the country for seven years of his 30 years in the diplomatic service.

The diplomat was in Zimbabwe in the early 2000s as a junior officer before he returned as an ambassador from 2012 to the end of the month.

Yesterday’s meeting was attended by Minister in VP Mphoko’s office, Mrs Thabitha Kanengoni-Malinga. The US government has since appointed Mr Harry Kay Thomas to replace Mr Wharton, who is expected to complete his tour of duty this month.

See Comment on Page 9

Minister Chinamasa

Lloyd Gumbo recently in Victoria Falls—
GOVERNMENT will get rid of or institute radical reforms in parastatals and State enterprises that continue to be a drain on the fiscus, Finance and Economic Development Minister Patrick Chinamasa has said. He made the remarks in an address to Members of Parliament who attended a pre-Budget seminar for MPs in Victoria Falls last this week.

The seminar ran under the theme, “Growing the national cake for national socio-economic development”. Legislators across the political divide hailed Minister Chinamasa for his stance in dealing with State enterprises and parastatals that have become a drain on the fiscus.

“This is our headache and it is an area we have not been addressing as attentively as we should have because we have many other things equally pressing,” said Minister Chinamasa. “They (parastatals) used to contribute 40 percent to GDP. Right now, every day, we are being called upon as Treasury to support them. We need to get our act right in terms of State enterprises reform,” he said.

“It is in this area that we are going to need the support of all of you. We need to revamp our State enterprises and to do it in a very bold and sometimes ruthless manner.

“We should not hesitate to put under those parastatals we think are no good to us. That is where we have been lacking some degree of boldness. Tirikunyarana, we should be able to say, ‘you are not performing, please get away, we are closing shop, enda kumba kwenyu’”.

Minister Chinamasa said a similar approach would be adopted to local authorities that failed to adhere to the 30 percent ceiling of revenue going towards sal- aries.

He hailed Local Government, Public Works and National Housing Minister Saviour Kasukuwere for insisting on this position.

Minister Chinamasa said as part of State parastatals and enterprises reform, these institutions would be required to hold annual general meetings from next year, where non-performing boards or management could be sacked through a resolution. He said the meetings would be attended by line ministries and Treasury.

“It is the platform where we can dismiss boards of directors through a resolution. We can also use that platform, if there is no performance by management, we pass a resolution to dismiss them.

“Once they know we can dismiss them, they will certainly be on the ball and that is what I think we need all of us,” he said. Transport and Infrastructural Development Minister Dr Jorum Gumbo told the legislators that his ministry was in discussions with various airlines to find one that can partner Air Zimbabwe.

He said as part of enhancing revenue flows into the country, they signed a Bilateral Air Services Agreement with Qatar Airways to allow the airline to fly into Zimbabwe. “The implication of the above is that we need to continue to improve our services to guarantee total safety of our skies and improve the quality of service offered to airlines operating through our airports,” he said.

National Assembly Speaker Advocate Jacob Mudenda said it was important for State parastatals and enterprises to have clean balance sheets if they were to attract private investors to partner them. “We cannot get a partner with Air Zimbabwe as long as Government does not disinvest in terms of shareholding,” he said.

“You cannot keep 100 percent shareholding as Government when you have nothing else to offer. Ethiopian Airlines and Kenyan Airways, just to mention two, are at 35 percent shareholding and in that way they have attracted code-sharing with very prominent airlines,” said Adv Mudenda.

He said it was also important for Harare to recapture the market as S)a regional hub for refuelling. MDC-T MP for Southerton Mr Gift Chimanikire and Zanu-PF legislator for Gutu South Cde Paul Chimedza said there was serious need to reform parastatals.

Mr Chimanikire said Government must privatise some parastatals and State enterprises as a way of attracting investors. Cde Chimedza said: “We have seen perennial non-performers in some parastatals. We really need to look ourselves in the eye and ask ourselves, do we need to have these parastatals draining money from the fiscus year in and year out?

“We need to be bold about it and dispose of most of these so that we move with a lean and mean Government and make the cake grow for others.

“These are the money drainers and we continue to retain them. I propose that we dispose of most of them and save our money from that.” The seminar ended on Monday evening with Minister Chinamasa pledging to consider the recommendations by the MPs.

Temba Mliswa at the weekend ripped into former Vice President Joice Mujuru again saying he does not regret attacking her as this is the same he does for any other politician. He said this as he launched his youth movement called YARD . RECORDING:

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Fidelis Munyoro Chief Court Reporter
Prosecutor-General Mr Johannes Tomana is at the centre of another storm for allegedly abusing the court process to rubber-stamp the acquittal of former zupco board chairman, Professor Charles Nherera, who was charged with corruption.

The abuse reportedly occurred at the time when Mr Tomana was the Attorney General. Prof Nherera was acquitted by the High Court in November 2009, barely a year after Mr Tomana was appointed to the post of then AG.

He had served a two-year prison term. Following his acquittal, Prof Nherera sued businessman Mr Jayesh Shah for malicious prosecution and demanded damages to the tune of $400 000.

But Mr Shah, through his lawyer Advocate Lewis Uriri, applied for absolution from the instance.

Justice Nicholas Mathonsi, in a judgment delivered yesterday, accepted Adv Uriri’s argument that Prof Nherera was “crucified and resurrected by the same office”, and allowed the application.

Mr Tomana invoked provisions of Section 35 of the High Court Act to quash Prof Nherera’s conviction.

Under the Act, the quashing of an appeal is made upon the prosecution consenting to the appeal.

“This is a notice that was given by an Attorney-General’s Office under the leadership of someone very close to the case,” said Justice Mathonsi.

The judge noted in his judgment that Prof Nherera was convicted by the criminal court. The conviction, he said, was supported by the prosecution on three separate occasions when Prof Nherera escalated his effort to secure his liberty.

The court noted that Mr Tomana, who is now the PG, was the legal advisor to zupco, which was involved in the criminal prosecution of Prof Nherera at the time, as well as his legal representative in addition to being a board member of zupco.

Further, Justice Mathonsi noted that Mr Tomana testified in defence of Prof Nherera during trial and made it clear that he had no case to answer.

“Despite his spirited efforts, plaintiff was still found guilty and sentenced aforesaid,” he said.

Justice Mathonsi said Mr Tomana was elevated to the position of the then AG in 2008 and when Prof Nherera’s appeal came to the High Court in 2009, he was now in charge of prosecutions.

He said what made the case exceptional was the fact that at the trial court, the prosecution was successful.

The failure, he noted, came at the appeal stage when the State decided to make an about-turn and refused to support the conviction, depriving the appeal court a chance to make its own view on the merits of the appeal.

“The concession came as a surprise because the prosecution had, prior to that, strenuously opposed the appeal on the basis that it was devoid of any merit. The prosecution successfully argued that point before the trial magistrate when bail pending appeal was sought. It also succeeded before the High Court when bail was launched. An effort by plaintiff at the Supreme Court was also successfully repelled by the prosecution.”

Justice Mathonsi also made a finding that even before Prof Nherera was charged, Mr Tomana had in his capacity as a board member made up his mind about the former’s guilty or otherwise.

The judge said Mr Tomana in his capacity as Prof Nherera’s legal counsel sued Mr Shah on behalf of Prof Nherera in HC157/06 for defamation.

“Now as the Attorney-General his office was tasked to defend the interest of the State and protect a conviction the State had fought tooth and nail to accomplish,” he said.

Justice Mathonsi said justice should not only be done but should be seen to be done in this case.

“It cannot be seen to be done in the circumstances under which the appeal was conceded.”

He said for the appeal to proceed in terms of Section 35 of the High Court Act (Chapter 7: 06) it relies on the notice given by the Attorney-General that he does not support the appeal. The judge said the section of the Act did not provide what the judge “should do when he or she does not agree with the notice”.

But then the notice, said the judge, was given by someone very close to the case and who should not have participated at all.

“Accordingly, the involvement of Tomana in that process has tainted the outcome of the appeal to the extent the requirement that the prosecution must have failed cannot be said to have been satisfied.”

In his case, Prof Nherera, who was represented by Adv Thembinkosi Magwaiba, claimed Mr Shah maliciously caused his arrest, prosecution and imprisonment on unfounded corruption charges.

He wanted $100 000 for malicious prosecution and $300 000 for malicious arrest and detention.

Prof Nherera was in 2006 jailed for two years effective for corruption and after completing his sentence, the High Court heard his appeal and quashed the conviction.

He was being charged for allegedly soliciting for a bribe from Mr Shah, who operated Gift Investments, so that his company could be awarded a tender to supply Mazda Swaraj buses to zupco.

Mark Dankof

NEW YORK. — The United States, Israel and Saudi Arabia have been involved in creating the Daesh (ISIL) terrorist group to overthrow the legitimate Syria government, a former US Senate candidate says.

“The United States has introduced all of these terrorists into Syria in conjunction with Israel and with Saudi Arabia and Turkey and its abundantly clear that the aggressor in this entire situation has been the United States,” said Mark Dankof, who is also a broadcaster and pastor in San Antonio, Texas.

Washington has been “acting through these Takfiri extremists at the behest of Israel, which wants a regime change in Syria as a prelude to improving their position for a potential attack on Iran,” Dankof told Press TV.

Syria has been gripped by foreign-backed militancy since March 2011. The crisis has claimed the lives of more than 250 000 people so far and displaced millions of others.

US warplanes have been bombing purported Daesh positions in Iraq and Syria for over a year now. The US has largely limited its military role to “training” and “advising” Iraqi forces and militant units in Syria.

US President Barack Obama’s decision last month to deploy dozens of Special Operations forces to Syria to “advise” US-backed militants on the ground has reignited the long-stalled debate on war authorising.

On Tuesday, US Senator Lindsey Graham said the US Congress is unlikely to reach an agreement on a war authorisation against Daesh terrorists in Syria, where “the next 9/11 is coming from.”

“I think Democrats and a few Republicans have absolutely no clue as to the threats that we face,” the South Carolina Republican said, according to The Hill. — Press TV

Sunday Mail editor Mabasa Sasa, reporters Brian Chitemba (in brown jacket) and Tinashe Farawo are all smiles after being freed on bail at the Harare Magistrates’ Court yesterday.

Fungai Lupande Court Reporter
The Sunday Mail editor Mabasa Sasa, investigations editor Brian Chitemba and reporter Tinashe Farawo were yesterday granted $100 bail each after Harare magistrate Mr Tendai Mahwe ruled that it was a mockery of the judicial system to deny them bail.

The trio is facing charges of communicating or publishing false statements prejudicial to the State.

As per court procedure, Mr Mahwe did not give the trio’s defence council Advocate Farayi Mahere the opportunity to respond to bail opposition, saying the Advocate could not be made to react to nothing.

“State has struggled to justify their denying of bail. According to the new Constitution, bail is now a right. No compelling reasons have been forwarded by State for the court to deny the accused bail,” ruled Mr Mahwe.

“State is required to give substantive submissions and not to make bald averments. That the accused are a flight risk is mere speculation not supported by any fact or previous convictions.

“To deny the accused bail will make a mockery of the judicial system. Serious matters come here and are given consent bail.”

Mr Mahwe granted the trio $100 bail apiece and ordered them not to interfere with witnesses or investigations, report every Friday at Law and Order Section and to reside at their given addresses.

They are expected back in court on November 27. Advocate Mahere gave notice to challenge the placement of the trio on remand.

“There is no reasonable suspicion that the offence charged has been committed,” Adv Mahere said.

The investigating officer Chief Superintendent Oscar Mugomeri was called to the stand to submit his opposition to bail.

He told the court that he was instructed by Senior Assistant Commissioner Erasmus Makodza who is also Officer Commanding Minerals and Border Control to investigate the matter.

“If accused are ordered to surrender their passports as a bail condition, it is not enough,” said Chief Supt Mugomeri.

“I vehemently deny bail, the accused are facing a very serious offence and have tarnished the image of the Zimbabwe Republic Police and the country.

“The country suffered an irreparable damage by the publication of the article and now we are receiving a lot of calls from International and national organisations discrediting ZRP, Parks and Wildlife and Government.

“Enough is enough they should remain in custody.”

Prosecutor Ms Sharon Mashavira, alleges that following the recent killing of 22 elephants by poachers using suspected cyanide poison, the accused published a story, “Top cop fingered in poaching saga” on Sunday.

It is alleged that the trio knew that no Assistant Commissioner of the police was being investigated for being involved in the poaching of the elephants nor has ZRP made any arrest in connection with the crime.

Resultantly the publication of the alleged false statement was communicated nationally and internationally causing an outcry from the international community who support the tourism industry.

The trio is accused of publishing falsehoods that would adversely affect the Tourism Industry and the economy.

COUNTLESS stories have been told of women that fought in the liberation struggle that brought Independence to Zimbabwe alongside their male counterparts.

It is often a distorted narrative told on their behalf by other people, thereby tilting the balance to advance certain agendas, and in a majority of cases, giving the impression that the thousands of young girls that left family and education opportunities in the early 1970s went to Zambia and Mozambique to be couriers and/or to perform menial tasks while the men did the fighting.

The lies and half truths have seen a majority of women combatants not getting due recognition for the role they played in liberating the country from colonial bondage.

Why is there need to correct these distortions? I draw the readers’ attention to the analytical piece of October 25 written by the Sunday Mail Deputy Editor Munyaradzi Huni — “Chimurenga: Story of the victors begins.” This was an introductory piece on a major project initiated by the Zimbabwe Defence Forces and the Ministry of Information, Media and Broadcasting Services to chronicle the Second Chimurenga, in which the players — women combatants included — narrate how they travelled the journey to a free Zimbabwe.

It is now week three since this writer, Huni and Forget Tsododo of the Zimbabwe Broadcasting Corporation have had the rare opportunity to speak to a number of freedom fighters whose involvement spanned different timeframes. As Huni says in the Sunday Mail piece: “The Second Chimurenga was fought in different stages starting in the early 1960s up to the attainment of Independence in 1980 and veterans from all the stages of the struggle have been identified. Of course, it’s not all of them, but quite a representative number were in Harare last week to tell their stories.”

The essence of this project is that Zimbabwe’s history cannot run on lies when some of the participants are around to tell their stories. For it was everyone’s war — men, women, boys and girls.

Women combatants bared those scar tissues of war — girls who are now middle-aged women. They refused to be spectators, and chose to go and fight.

Cde Juliet Loveness Nyarambi (nee Nyamhandu), whose Chimurenga name is Cde Loveness Chidhakwa; and Cde Florence Mudzengerere whose nom de gurre is Cde Pronica Chinyandura Mabhunu, are among female fighters who narrated their experiences.

How old were they and what was the main attraction for going to war?

Were they trained militarily and were they also deployed to the frontline to fight? When they went to Mozambique and Zambia, they were not going to stay in cities and towns where day-to-day necessities such as undergarments, sanitary materials for menstrual hygiene (cotton wool, pads and/or tampons), would be readily available. They were leaving home to go and live in the bush. How did they manage this most delicate part of every woman’s life?

This is part of Cde Loveness’ story: Born in Mt Darwin under Chief Kasekete’s jurisdiction on June 6 1958, she “joined” the liberation struggle in 1972 at the age of 14 during the first week of November just after writing her Grade 7 examinations.

She said five children from her family were recruited that day — two boys and three girls: “Soon after writing my Grade 7 examinations in 1972 . . . we did not sleep at home because the comrades came and took us to their base. It was about 3pm, and we left the base in the evening. Manheru takatopfuura nepamba pedu. Takatopfuura vana mai vedu vakarara panze ta’a kuenda kuMozambique.”

When the comrades “took” them, where did they say they were taking them to?

Cde Loveness said she was too young to understand what was going on: “Ipapo taimboziveiko. Takangonzi tiri kuenda kuhondo.” (We were in the dark then. They just told us that we were going to join the liberation struggle.)

She narrated that at one point, her father who was a war collaborator already, came to where they were camped but they were not allowed to see him. They were asked what they wanted him to bring for them.

“Ini ndakangoti hangu ndinoda masawu nenyama yembudzi yakaoma,” she said.

Cde Loveness said the freedom fighters asked them whether they would return if they allowed them to briefly go back home: “‘Tikati mumbodzokera munozodzoka here?” I told myself that if they gave us that option, I would not. But I said I would return, so that they wouldn’t change their mind.”

But the opportunity was never availed.

When they crossed into Mozambique, most of the training they received was done by Frelimo camaradas (comrades): “We were trained militarily. Takatanga orientation kuti tizive kuti hondo yakamira sei, tikazotirenwa physically — military training. Takatanga tatirenwa isusu kuti tive masoja, kutirenwa husoja chaihwo chaihwo. Then after that, ndokubva tazospecialiser kuti tinge tichizotrainer vamwe — mainstructors achazotirena vamwe. It was an instructors’ training programme.”

It was during that train-the-trainer exercise that she met Mozambique’s founding president, the late Cde Samora Moises Machel, who was Frelimo’s commander-in-chief.

“The final day when we were supposed to do our parade, Samora Machel was the one who conducted that final training. He made us run all day. And murume akatimhanyisa! Takaona moto, the whole day.

“We were reviewing everything that we had done, and he wanted to see whether we had grasped what we had been taught. We spent the whole day doing drills, and everything that we had been trained in, and he was acting as the reviewing officer. When he had satisfied himself, we were told that the training was finished, we had graduated. Then, we went back to our (zanla) farm in Zambia.”

They were then deployed, and in her group, some were told that they would go to the front to fight and also carry arms of war. “But together with Cde Susan we were selected to go and be trainers at Luangwa camp.”

What did they survive on, and where did they get clothes and sanitary materials?

Cde Loveness said, “Tichiri munzira makange musina chikafu zvachose. Maingodyawo chamanhonga ichocho, but patakazosvika kufarm yeFrelimo chikafu taichiwana, nembatya dzaiunzwa. Dzaiuya mumabhero, iwo mabhero atiri kungoona aya. Takazvitangira kuzviona kuhondo. Patakatanga, takange tiri vashoma, asi nokuwanda kwavanhu, zvakange zvisisakwane. Isu vakatanga patakatanga, taikwanisa kuzviwana. But when the numbers increased exponentially, they were now inadequate.”

Sanitary materials for girls that had started their menstrual cycle were one of the biggest problems, but because it was an abnormal situation, they also used abnormal methods: “Ipapo pakange pakaoma. Vanhu vakange vati kurei vaiziva kuti kana paine hembe, unongobvarura machira. We used pieces of cloth. Sometimes there was a minimal supply of cotton wool, but very few would get it, and that cotton wool yawaishandisa, you would wash it and reuse it, which was very unhealthy. But zvaitoitika.

“I always tell my children about this particular incident I had when we were at Luangwa. We were asked to carry arms of war to the battlefront back home. While on our way, my menses started, and I didn’t even have a piece of cloth to use. I ended up using leaves. Kungotora mashizha wongopinzawo mugomba, hamheno zvazvaita, for three to four days. At the same time being attacked by the enemy.

“I suffered from terrible dysmenorrhea (period pains), but hapana mishonga yakange iripo. Waingofamba kusvika rapera and kana uri munzira, waienda naro kusvika wasvika kwauri kuenda.”

As a commander, she was prepared for eventualities, and also prepared that at any given time, one of them could die.

Cde Loveness said that before the Chimoio attack in 1977, there was a disease outbreak that claimed dozens of lives. “At 17, we were the leaders and we had to wash the bodies, dress them up and bury them. We dug graves as women. At that age, kutanga kuona chitunha, wochibata, uchigezesesa nokudresser, because you are the leader. The life was such that you matured very fast at a young age.”

Her colleague, Cde Pronica Chinyandura Mabhunu was recruited in August 1973 at the age of 13, when she was doing her Form 1 at Ruya Institute in Mt Darwin. She later found Cde Loveness at the camp in Lusaka, and she was trained at Nachingwea camp in Tanzania in 1974.

Cde Pronica said the name changes were for security purposes, for the cadres and their families back home, but the original names were kept in their records: “Kuhondo tasvika, waisvika munhu wese paunopihwa zita. Akupa hapana zvawaibvunza kuti ramandipa rinorevei. Waingonzi zita rako nhasi rokutanga ndiPronica. Zvaiitirwa kuti tese tafanana. Hatichataurwa namazita edu. Enemy ikakubata unongoti ndinonzi Pronica Chinyandura Mabhunu. Ndozita rangu.”

Although she said she had committed himself as a young girl to fight the settler colonialists, as they faced challenges, did she ever think that she had made a mistake and wanted to go back home?

She said, “It took two weeks to transport arms of war from Zambezi to Chifombo. I was not mature to perform these duties… Both men and women carried arms of war to the battlefront, but it depended on how intense the battle was. Kwange kuri very tense, kwaizoenda macomrades echirume, but vaizoda support yezvombo zvakawanda.”

When I asked her about her methods of menstrual hygiene, most people today would see it as unthinkable: “That’s a very good question. We didn’t use anything! Hapana chataishandisa! Raingoerera! (The blood just flowed down our legs.) Kana wawana mukana wokuzoenda pane mvura, you bath.

“Zvaizoitika ndezvokuti pane mumwe muti wainzi mudzanga, maisvuura rwodzi moenda pamatombo parwizi then you wash it until it softened like a cloth. And we used that. And, you could also use it as soap, towel and everything. . . . Mabhero aimbowanikwa otakurwa hembe dzacho. Kana wazowana mutsoto unosara pahembe dzacho, you use that. And, with some they got to a stage where they menstrual cycle just stopped. We don’t know why. Maybe it was because of the traumatic situation.”

As they sobbed, reflected in silence or breathed a sigh, I wondered how we should interpret it.

Will these unseen wounds ever heal? When there was some brouhaha about the sale of second-hand under garments in Parliament in July, was there any reflection on how the present connects with the past, since a number of women parliamentarians are war veterans? What is obtaining now was the norm then!

State Media-Prosecutor-General Mr Johannes Tomana is at the centre of another storm for allegedly abusing the court process to rubber-stamp the acquittal of former Zupco board chairman, Professor Charles Nherera, who was charged with corruption. The abuse reportedly occurred at the time when Mr Tomana was the Attorney General. Prof Nherera was acquitted by the

A 61-year-old Bikita school headmaster was found on Monday hanging from a tree in an apparent suicide, three days after government auditors discovered that $6,000 was missing from the school. Masvingo deputy provincial education director Andrew Chikwange confirmed the death of Kushingirira High School headmaster Abel Mupfavi, but could not give further details. “We’re seized

via LATEST: President leaves for Tanzania | The Herald November 4, 2015

Felex Share Senior Reporter
President Mugabe has left the country for Dar es Salaam, Tanzania to attend tomorrow’s inauguration ceremony of Dr John Pombe Magufuli as Tanzania’s fifth President.

The President was invited in his capacity as the African Union chairperson.

He was seen off at the Harare International Airport by Vice Presidents Emmerson Mnangagwa and Phelekezela Mphoko, Information, Media and Broadcasting Services minister Christopher Mushowe, Harare Provincial Affairs minister Miriam Chikukwa, State Security minister Kembo Mohadi, service chiefs and senior Government officials.

Dr Magufuli will be sworn in together with his running mate, Ms Samia Suluhu Hassan, who becomes Tanzania’s first woman Vice President.

The 56-year old takes over from President Jakaya Kikwete who has been at the helm since 2005 and is stepping down after serving the two fiver-year terms stipulated in the Tanzanian constitution.

Several Heads of State and Government and former presidents are expected to attend the event.
Details to follow…

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via Traveller Mugabe proceeds to Tanzania – NewZimbabwe 04/11/2015

HARDLY a week since his return from India where he nearly fell, President Robert Mugabe Wednesday left for Tanzania for the inauguration of that country’s newly elected leader, John Pombe Magufuli.

Magufuli is independent Tanzania’s fifth president while Mugabe has been in power since 1980.

His (Mugabe) friend and mentor, Tanzania’s first president, Julius Nyerere, stepped down in 1985.

Mugabe was invited as African Union chairman.

He was seen off at the Harare International Airport by government ministers including VPs, Emmerson Mnangagwa and Phelekezela Mphoko.

Mugabe will join several heads of state and government as well as Nigerian prophet TB Joshua who arrived in Dar es Salaam two days ago for Magufili’s inauguration.

President Mugabe was recently in Asia where he attended the India-Africa summit held in the capital, New Delhi.

A video footage showed Indian PM Narendra Modi helping Mugabe break his fall after the 91-year old leader lost balance and nearly tumbled while walking up the podium.

Mugabe was going to greet Modi when he missed a step and stumbled.

An alert Modi immediately stepped forward and extended his hand to hold Mugabe’s before helping him up the podium.

The two promptly shook hands with Mugabe pretending as if all was well.

But soon after the handshake, the Indian leader yet again came to his guest’s rescue as he, with the assistance of two other aides, helped Mugabe to step down the podium.

Mugabe’s spokesman, George Charamba, later attached a spin to the incident, brushing it aside as “minor”.

The 91-year old leader still keeps a punishing schedule-flying around the world- despite evidence that his body is failing.

In all his trips, Mugabe travels with a huge entourage which includes foreign affairs people, body guards and doctors among other aides.

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via Tobacco regulator targets better quality – NewZimbabwe 04/11/2015

THE tobacco industry regulator says it will train 20,000 farmers on best farming practices to improve output and quality of the golden leaf to avoid riots over poor prices that accompanied the start of the selling season early this year.

This year’s tobacco season, which opened in March, saw farmers protest over low prices which fell to as low as 20 cents per kilogramme and the Tobacco Industry and Marketing Board (TIMB) is keen to avoid a repeat by training growers to improve quality.

“While we cannot influence prices, we can determine the quality of our tobacco. Good quality tobacco always fetches more.

“We are targeting to train 20,000 farmers on best agronomic practices this season, from land preparation right through to curing, grading, baling and presentation on the floors,” said chief executive Andrew Matibiri in a written response to questions.

The training involved practical and theoretical training to ‘impart best agronomic practices’ to the tobacco farmers at no cost in conjunction with the Agriculture Extension Services (Agritex), the Tobacco Research Board, farmers’ unions and contracting companies.

“We are also introducing E-Marketing, and we are confident that this will go a long way to curb activities by illegal buyers who are short-changing the bona fide growers,” said Matibiri.

The early riots, Matibiri said, were because farmers expected prices to increase from the previous season.

“The reversal of expectations resulted in brief disruptions of sales by farmers,” he said.

“The misconception by some farmers that TIMB sets the tobacco prices had to be allayed before normalcy could return.

“The disruption however, presented an opportunity for illegal buyers as well as for side marketing.”

“Contracted farmers were afraid that given the prices, most of the money attained in the sales would go towards their loan repayments,” Matibiri added.

“Another challenge is that not all contracted farmers were able to service their loans.”

Poor power supplies and illegal buyers also presented challenges for the 2015/16 season, Matibiri said.

“Farmers who do not receive contracts may find it difficult to access money from the market or banks, given poor loan repayment histories in some cases and the lack of security. Illegal tobacco buyers also continue to be a sore thumb,” he said.

“The electricity situation has also not spared tobacco farmers with crops under irrigation.”

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The latest in Liquid Telecom’s quest for a share of the African TV market is an investment in a South African VOD and linear free-to-air startup called Hola Media that the company has made.

Articles appeared first on Techzim;
Liquid Telecom invests in South African VOD & free-to-air TV startup