HARARE - A High Court judge has freed on $100 bail Sydney Chirombe, a councillor in Morgan Tsvangirai’s MDC, who is facing sodomy charges.

Justice Esther Muremba condemned the decision by the lower courts to deny Chirombe bail.

“The magistrate failed to apply his mind in deciding if the offence was a serious one, wherein it actually has a maximum prison sentence of one year and an option of a fine,” Muremba said.

“Furthermore, the magistrate’s reasoning as regards the propensity to commit further offences was rather illogical taking into account that the appellant has no previous convictions.”

As part of bail conditions, Chirombe was ordered to reside at his given address and report once a week at Glen Norah Police Station.

Chirombe, 49, is jointly charged with Joseph Muchena, 23, whose appeal is currently being processed by lawyers from the Zimbabwe Lawyers for Human Rights.

He was denied bail by Harare magistrate Milton Serima who raised fears that the accused would re-offend.

Serima further ruled that the offence was a serious one which had been condemned by the highest office in the land.

In his initial bail application, Chirombe’s lawyer Shadreck Chisoko, argued that the State made reference to a Kariba case no. 50/02/14 in which Chirombe faced a similar charge in order to misdirect the court into thinking that his client had a pending sodomy case.

“My client is not a serial offender,” Chisoko said. “The Kariba case which state counsel made reference to is dead and buried and the state is fully aware that he was acquitted.

“State has failed to challenge that he has never been convicted of any crime, is of fixed abode and a family man. The state is making its application based on unsubstantiated facts.”

Chisoko argued that the State could not prove that accused person was caught during the act because the medical affidavit confirmed that there was no penetration, which he said was necessary to prove an act of sodomy.

Allegations against the two arose on May 13 around 2am when Chirombe and Muchena were reportedly caught engaging in anal sex by Glen Norah police officers who were on patrol.

When the two realised they had been caught, Chirombe, whose pants were reportedly down, jumped from the passenger seat and tried to start the vehicle.

HARARE - Charles Mukanhairi, a CAPS United midfielder, has been ordered by a Harare Civil Court magistrate to pay $70 monthly for the upkeep of his child.

Magistrate Gamuchirai Siwardi gave the judgment after the footballer’s girlfriend Thelma Batsiao failed to produce proof that he earns $700 as she had alleged.

Batsiao was demanding $250 for the upkeep of their two-year-old son, claiming the footballer earns a lot of money but was neglecting his child since he was born.

She had told magistrate Siwardi that Mukanhairi earns a lot of money from playing soccer and is able to foot the bill.

“He is a soccer player for CAPS United and earns about $600 to $700 per match,” Batsiao said.

“He has a wife but the two have no children together. I am a hairdresser and realise $5 a day.

“The money I want will cater for rentals, food, medication and clothing for the child.”

Mukanhairi had offered $40, saying he earns $300 per month.

“I earn $300 per month and sometimes we do not get paid because of the financial crisis our team is facing,” the footballer said.

“My wife is pregnant and I also take care of my extended family including my grandmother.”

Batsiao queried Mukanhairi’s income and kept on insisting that the footballer earns a lot of money.

Siwardi had ordered Batsiao to bring the midfielder’s proof of earnings which she failed to secure leading to the magistrate granting $70 for the child’s upkeep.

HARARE - President Robert Mugabe’s administration has abandoned desperate villagers at Chingwizi transit camp, a faith-based aid agency has said.

Zimbabwe Peace Project (ZPP) has warned that disaster was looming at the camp.

In its monthly report, ZPP notes that the situation at Chingwizi Transit Camp is fast deteriorating as people are now consuming unhygienic foodstuffs.

“In Chingwizi Transit Camp, food rations continue to drop; currently, families are receiving 10kg maize meal, 1kg nyemba (cow peas), and one bottle of cooking oil per month regardless of the size of the family,” the ZPP report reads.

“This has caused women to set up fruit and vegetable stalls for sale in unhygienic environments.

“Politicians no longer consider the situation in Chingwizi as a crisis and yet mere observation tells a story of imminent disaster.”

Early this year, thousands of families downstream of the Tokwe-Mukorsi Dam were relocated to Chingwizi Transit Camp, after the dam wall partially collapsed due to heavy rains.

Meanwhile, ZPP also noted that Tsholotsho flood victims were starving as they last received food handouts in March.

“It is reported that some families are now surviving through selling some of their livestock while some families are reported to have moved to neighbouring villages to get livelihoods,” ZPP said.

In an unrelated development, the NGO said there was an increase in violence cases.

“In the Month of May, there was an increase in the prevalence cases of harassment; 157 compared to 139 cases reported in the previous month,” the report says.

“The figures reflect the increase in total number violations recorded in the same month; 204 compared to 181 reported in the month of April.”

However, food violations decreased due to good harvests recorded throughout the country, the organisation said.

“Zanu PF supporters and office bearers continue to record high numbers of perpetrators. In the month of May, ZPP recorded 261 Zanu PF perpetrators compared to 31 MDC and of these perpetrators, 278 are men and 18 are women,” the report reads.

Manicaland Province recorded 26 cases of violence, Midlands 74, Mashonaland Central 16, Mashonaland West 27, Mashonaland East 24, Masvingo 18, Harare 7, Matabeleland North 10, Bulawayo 9 and Matabeleland South 6.

HARARE - Three people died on the spot yesterday when a City Link luxury coach travelling from Bulawayo to Harare overturned near Norton. 

Five were seriously injured, while about 15 sustained minor injuries.

While official police comment could not be obtained, witnesses at the scene told the Daily News that the bus was obstructed by smoke from a veld fire, resulting in a head-on collision with a truck. The accident happened around 1330hrs near the Norton tollgate.

When rescue teams arrived at the scene, it was reported that some passengers were still trapped in the bus.

HARARE - Government has dumped orphaned and disadvantaged children after seizing a farm from a non-governmental organisation (NGO) looking after the children and allocated it to Bindura University.

Save Our Souls (SOS) Zimbabwe has lost one of its farms, Glen Avilin Farm 3 in Bindura, after the ministry of Lands gave the university an offer letter for the farm.

The NGO was utilising the 534-hectare farm to produce food for more than 600 orphans to sustain itself.

Gary Birditt, director of SOS Children’s Villages Zimbabwe, told the Daily News yesterday that the ministry of Lands took over the farm without consulting them.

“It was handed over to the Bindura State University on June 12,” Birditt said.

“There was no consultation prior to the takeover.  On the day of handover of the farm, June 12, an offer letter in favour of the Bindura State University was produced by the Bindura State University senior staff.”

Birditt said his organisation used part of the farm to cultivate soya beans and seed maize, while the ministry of Agriculture was leasing some land.

“The farm was recently under seed maize and soya; both crops have just been harvested,” he said.

“Full time training of agricultural and engineering students had ceased, apart from training being conducted by the ministry of Agriculture who are leasing some land, hostel accommodation and training room facilities from SOS Children’s Village,” he said.

The Daily News crew paid a visit to the farm on Tuesday and it was deserted.

Offices were locked and the SOS supermarket was closed.

The NGO is now left with one farm at Maizelands in Bindura and aso a number of schools in the town.

Martin Dinha, the minister of state for Mashonaland Central, yesterday declined to comment on the seizure.

“Who told you about this? I want names so that I can be able to assist you. Without giving me names I will not be able to comment,” Dinha said.

Douglas Mombeshora, the Lands and Rural Resettlement minister, was unreachable for comment.

SOS runs a number of schools and children’s villages in Bindura.

The aid agency came to Zimbabwe soon after independence.
SOS Children’s Village Bindura comprises 15 family houses with a capacity to take in up to 180 children, an administration building, a multi-purpose hall, a sports field and a house for the village director.

The adjoining SOS kindergarten consists of three group rooms and a playground and can accommodate up to 90 children.

The SOS vocational training centre at Maizelands farm has been operational since 1983.

It comprises three branches namely agricultural training, farming, and car mechanics. It has a capacity to take in up to 130 youths.

On 1 400 hectares of farmland, millet, cotton, peppers, sun flowers, soybeans and citrus fruit are cultivated.

The farm provides the SOS Children’s Village with agricultural products and contributes towards its maintenance through the sale of its products.

It also runs two SOS Hermann Gmeiner primary schools, one for up to 990 pupils on the premises of the SOS Children’s Village and a second one for up to 1,080 pupils on the site of the Maizelands farm.

The aid agency also runs the SOS Hermann Gmeiner Secondary School.

HARARE - Associated Newspapers of Zimbabwe (ANZ) Group Editor, Stanley Gama, has been cleared of criminal defamation charges after a Harare magistrate today said that the law under which he was being charged had been declared illegal by the constitutional court.

ANZ are publishers of the Daily News, the Daily News on Sunday and the Weekend Post.

Gama and senior writer Fungi Kwaramba were in court following a report filed by controversial businessman Kamal Khalfan over stories linking the Omani citizen to alleged underhand deals in Zimbabwe.

Magistrate Milton Serima removed Gama, Kwaramba and the company’s finance director Zweli Sibanda from remand after they applied for referral of the case to the Constitutional Court, whose full bench ruled last week that criminalising defamation was excessive and unconstitutional.

Yesterday's ruling appeared to stun Khalfan, who remained rooted to his seat after the order.

Serima ruled that there was no basis to refer the matter to the Constitutional Court on a matter that had already been dealt with by the Constitutional Court.

“Assessing the submissions made by both State and defence counsels, the Con-Court has already made a determination that outlaws criminal defamation,” he said.

“There is no need to refer the matter to the Con-Court, neither is there need to keep the accused persons on remand.”

The highest court in the land ruled that any person who felt defamed should seek civil remedies and called for the scrapping of criminal defamation laws.

"It is not necessary to criminalise defamatory statements," the Con-Court ruled last week. "Accordingly, it is inconsistent with the freedom of expression guaranteed by (the) constitution."

ANZ’s lawyer, Advocate Zvikomborero Chadambuka instructed by Gilbert Machingambi had applied for the matter to be referred to the Con-Court for a determination on the constitutionality of the offence.

State prosecutor Venancia Mtake opposed the application claiming that the accused persons had infringed the complainant’s rights to private and public dignity by publishing allegedly defamatory articles.

Khalfan is the major shareholder in Catercraft, among other businesses, and has
separately sued the Daily News for a whopping $10 million in a civil suit related to the same matter in the High Court.

In January, the Daily News carried stories on how businessmen such as Khalfan were using their influence and political connections to introduce dodgy investors to President Robert Mugabe.

Gama welcomed the ruling and paid tribute to the country's judiciary.

"This is yet another victory for media freedom and that of speech generally in the country. Credit must be given to the men and women on the Bench for working judiciously to affirm the rights of all Zimbabweans, thereby strengthening our fledgling democracy.

“We hope this judgement will be a deterrent to the well connected and the powerful who abuse this archaic law to intimidate and silence journalists," he said.

HARARE - Zimbabwe's leading junior golfers are optimistic of leaving an indelible mark at the Toyota World Junior Golf Championship in Nagoya, Japan, despite facing a daunting task to do so.

The 72 holes Junior Golf World Cup, which follows a four-players-count-three scores format, is set to tee off in Toyota City on June 24 with Zimbabwe’s hopes firmly pinned on fledgling stars Stuart Krog, Justin Kersten, Kieren Vincent and Mbongeni Maphosa.

Having qualified for the Junior World Cup after coming second to South Africa at Chainama Golf Club in Lusaka Zambia six weeks ago, Zimbabwe will have to punch above their weight in Japan.

They return to the tournament after a nine year absence with 2001 winners South Africa having been Africa’s sole participant over the years.

What makes Zimbabwe’s task even more mountainous is that history provides the teenagers with little inspiration.

You will need to go back to 1993 to find the last time the African side competed favourably at the Junior World Cup going on to finish a decent seventh.

Since then they have flattered to deceive with their last appearance coming in 2005.

At that tournament Zimbabwe struggled dismally as they finished last.

Now they will need to change their fortunes when they battle against top young golfers from USA, Norway, France, Italy, South Africa, Japan, Korea, Thailand, Australia, Canada, Mexico, Venezuela, Argentina and Chile.

And Zimbabwe Junior Golf Association president Brian Maphosa believes his teenagers have the ability to do so.

“The past can always be corrected,” he said.

“Zimbabwe has always been on the world stage when it comes to golf and we will definitely make a mark as well.

“We have a very strong team of disciplined and talented players who can stand against the best the world of junior golfers,” he said, adding:

“We have a strong team which has excelled in their own individual capacities in various local and international tournaments.”

HARARE - Zimbabwe's Cricket chief selector Givemore Makoni has branded first-class cricketer Robertson Chinyengetere “mad” and a ‘failed lawyer” in a stunning outburst on a Facebook fan page.

Makoni’s rant came after he was invited by the administrator of the ZimCricket Talks page to explain why players from Takashinga Cricket Club, where Makoni is a founding member, seemed to get preferential treatment in national teams selection.

The long-serving cricket administrator initially responded calmly to the request from ZimCricket Talks, pointing out in his original post that cricketers from the Highfield-based club had always been picked on merit and even dominated selection long before his inclusion on the panel.

But Makoni appeared riled by a comment on the thread from Chinyengetere, a former Masvingo Sports Club and Southern Rocks batsman, who took the Takashinga founder to task over his statement.

“Mr Makoni and crew how many players have you told that if you want to play for the national team come and join us moreso we have seen scenarios where a player has gotten dropped, he goes from nowhere and plays two or a few more games of Takaz (Takashinga) and with that he is back in the national team,” commented Chinyengetere.

To which Makoni retorted: “You played for Rocks for two seasons. And then what happened. What was your average, how many hundreds did you (score). How many 50s. What is you total first-class runs. Go to cricinfo to refresh your memory. If you were good enough why were you (not) taken up by other franchises. You thought it was a God-given right to play for Rocks because you are from Masvingo. You are made (sic) no wonder your career as a lawyer failed before you even started. Franchise cricket is for all Zimbabweans regardless of where they are from that’s why (Brian) Vitori is playing in Harare when he is from Masvingo. Imagine if we were going to say all people from Masvingo should get out of Harare, the city will be empty. You are lazy as an individual ndosaka uchichengetwa ne mukadzi (that’s why you leave off your wife). If you want show you manhood on social media do it to your wife first. With you it's personal and since you have chosen this platform lets go. We have put in the hard yards and you call us bafoons (sic). Mupfanha iwewe, handeyi (young man, bring it on), like I said, I am here for three day (sic). I got whole dossier on you.”

Chinyengetere is law graduate from the University of Zimbabwe and once worked for Manase & Manase, a law firm owned by Zimbabwe Cricket vice-chairman Wilson Manase.

Makoni’s outburst drew criticism from most followers on the page, with Bless Qudhar Mafuva remarking:

“When it gets personal then the whole plot has been lost, I thought (Joseph) Madyembwa (page administrator) mamboti (you said) it’s a cricket page, everyone has a personal file, but splashing it here is wrong and moreover at you level Mr Makoni when you start saying personal stuff you only showing how you are losing it, zvekumba kwemunhu zvapinda papi (what has his personal life has to do with anything), let’s stick to cricket matters here.”

Chinyengetere himself hit back at Makoni, writing:

“You are a legend Givy you even know how my life goes and how I survive , anyway I will not comment on such shallow-minded comments, you must be keeping a trek (sic) of my life, that’s what your shallow head tells you about my livelihood what can I say.”

HARARE - Member of Parliament Temba Mliswa has slammed Zifa’s plans to venture into farming, labelling it ill-conceived, non-profitable and against the association’s core business.

Sports enthusiast Mliswa, who chairs the Sports, Arts and Culture parliamentary portfolio committee, had no kind words for Zifa president Cuthbert Dube during an indaba yesterday also attended by Sports minister Andrew Langa.

“You are also talking about farming, I am also a farmer too and to tell you the truth, currently there is no money in farming due to the liquidity crunch and also you must know that farming is not your core business,” thundered Mliswa.

Zifa is planning to go into farming as a way of raising funds for the perennially cash-strapped organisation.

Meanwhile, Dube revealed at the indaba that Zifa will soon rebrand in an effort to spruce up image and attract sponsorship.

“We need to rebrand our association, we are going to hold a meeting next month so that we can map the way forward,” Dube, who was re-elected for a second term in March, said. 

“We communicated to Fifa and they are sending someone to help us in our marketing strategies and this will be for free, and we are also going into farming,” he said.

“We are also going to move our headquarters to Alexandra Park with the help of Fifa, we should also have our own building in each province.

“We are also going to take the grassroots football seriously, this is an important part in our rebranding.”

Dube added that plans were also underway for the construction of a new stadium.

The Zifa supremo, meanwhile, also reacted to calls for his resignation following the national side’s heart-breaking exit from the African Nations Cup qualifiers after losing to Tanzania in the preliminary round.

“We are worried by the performance of our national team, we gave them all the necessary resources but they fail to deliver. Some people say Cuthbert Dube must go, but am I the one who select players,” Dube said before turning to journalists:

“You can write what you want but I can only get stronger. We are going to receive $1.3 million from Fifa for this year and I need to thank Fifa for their support, which will go a long way in the development of football in this country.”

HARARE - With the World Cup well and truly under way, the big talking point so far has been without doubt world champions’ Spain’s shock elimination at the first hurdle.

One other talking point I hoped would not emerge in this World Cup – refereeing – has sadly already reared its ugly head, forcing its way into football debates around the world barely halfway into the tournament.

In recent years, referees have been in the limelight far too often, mostly for the wrong reasons. Some of blunders by the men in the middle have swung tournament outcomes and league titles – and referees have been figures of hate for many across the footballing world.

A strong belief among a lot of folk is that referees are part of a powerful and corrupt syndicate controlled by influential men in powerful positions of world football.

The validity of this argument is a matter of opinion.

My take is that under Sepp Blatter’s reign, Fifa has failed to properly tackle this scourge of dubious refereeing. Maybe there is no will. 

The penalty awarded to Brazil against Croatia by Japanese official Yuichi Nishimura comes to mind: a colleague fiercely argued that there could be a ploy to help the Samba Boys go all the way at any cost in order to avert trouble in a host country facing anti-World Cup protests.

Strong opinion, that, but the World Cup, thankfully, has got off to a blistering start and aren’t we lucky that the ride is just starting! 

It’s a World Cup promising thrills and spills, more twists and turns – what with a team like Chile being spoken of as serious contenders for the coveted trophy.

This could be one of the best World Cups ever, but only if referees let the game flow and desist from making game-changing decisions. 

Feedback: sports@dailynews.co.zw.

HARARE - South African musician DJ Zinhle has pulled out of next month’s official opening concert of Radost Platinum Club which is based at Longcheng Plaza near the National Sports Stadium.

The popular musician was set to share the stage with music superstar Oliver Mtukudzi to mark the launch of the new upmarket night club on July 3.

Wanisai Tendai Mutandwa, the marketing and publicist manager of the new entertainment joint told the Daily News yesterday that DJ Zinhle, whose real name is Ntombezinhle Jiyane, had opted out of Radost official opening because of commitments in South Africa.

“DJ Zinhle is no longer coming to Zimbabwe for the official opening of the joint because she is expected to perform in South Africa on July 5 at July Weekend Durban,” said Mutandwa who is popularly known  in showbiz circles as Mahwindo.

Mutandwa said dendera music star Suluman Chimbetu had been roped in to replace the widely-travelled South African entertainer who was the first female DJ across the Limpopo to release a house compilation album.

“The official opening show of Radost is still on. We have roped in Sulu to perform on the day and we are very confident that the event will lose none of its lustre because Sulu is a proven entertainer with a huge following,” she said

The Radost spokesperson claimed that the Long Chen Plaza entertainment venue would uplift the face of entertainment in the Zimbabwean capital city.

“The club features two clubs in one. It includes an exclusive VIP Platinum Circle, two full bars, expansive dance floors, live entertainment, audio/visual entertainment as well as mouth-watering grill services,” she said.

HARARE - Sungura musician Alick Macheso and his Orchestra Mberikwazvo band will perform at Pick N Save in Mutare tonight before staging a rare concert in Chipinge at Dhonzai Night Club tomorrow.

On Sunday, the Tafadzwa hit-maker is expected to thrill revellers at Zineku Bar at Checheche Growth Point.

The sungura king will wind up his tour of the Lowveld on Monday at Chiedza Hall in Chiredzi.

Extra Kwazvose to rock Gleendale

Extra Kwazvose will begin their weekend programme tonight at Gleendale’s Tsungubvi Beer.

On Sunday afternoon, the ex-Macheso band members will share the stage with Peter “Young Igwe” Moyo at Glen Norah’s Palace Night Club, formerly Hwenje’s Village.

Suluman teams up with Sugar Sugar

Suluman Chimbetu and his Orchestra Dendera Kings will be the star performers tonight at the official opening of Club Vegas in Harare’s Southerton Surburb tonight.

The Sean Timba singer’s weekend programme will wind up at Shamwari Joe in Mvurwi where he will share the stage with Taruvinga “Sugar Sugar” Manjokota.

Dembo, Gasa to share stage

Tendai Dembo and the Barura Express will share the stage with upcoming sungura artiste Romeo Gasa of Extra Valembe at City Sports Bar tonight.

On Sunday, the same venue will host Marabi musician Kireni Zulu.

Jah Prayzah returns to Airport Lounge

Award-winning musician Jah Prayzah and his Third Generation band will rock the Airport Lounge tomorrow where they are expected to perform songs off their red-hot latest album Kumbumura Mhute.

Zoey to set Private Lounge ablaze

Controversial dancer Noleen “Zoey” Sifelani and her Red Angels have a date with the Private Lounge tomorrow.

Mokoomba to hold farewell show at Book Cafe

Mokoomba, winners of the International Artist of the Year award at the recent Zimbabwe Achievers Awards in London, will hold their last concert in Zimbabwe before they embark on yet another international tour. Mokoomba’s concert will be preceded by a performance by mbira group Mawungira eNharira.

The Book Café will belatedly celebrate the Day of the African Child tomorrow with a concert that will feature emerging young musicians Amanda and Rodrigues.

The two young musicians will give way to Alexio Kawara and the Shades of Black who will be share the stage with Tsvete.

HARARE - In the early years of Africa’s independence from colonialism, most governments bought out all the newspapers and turned them into either party rags or government mouthpieces.

In some quarters, this was justified on the basis that the people ought to be united in their task to make independence meaningful and relevant to all of them.

This was a falsehood which the people soon realised was intended to imprison their consciences into a mould in which they would not escape the shackles of the party in power.

“Unity” was translated, quite simply, into a one-party system of government.

There would be no opposition.

The people would march as one…to a destination they were told would create equality among them all.

None of the propaganda would fool the people, in the end.

But the era of the party rags and the government mouthpieces brought forth a kind of journalism which introduced to the people the buffoon that was the hack.

Such a journalist wrote screeds and screeds in praise of the government and the ruling party.

There were lengthy pieces pontificating on how the party would transform the people’s lives overnight.

I personally came close to being turned into a hack, in both Zambia and Zimbabwe.

I escaped by the skin of my teeth.

In both countries, the life of the hack continues, thanks to the countries’ romance with the one-party system.

In Zimbabwe, there was such a fascination with Marxism-Leninism, Robert Mugabe pronounced, with proud defiance, that he was a Marxist-Leninist.

How much his declaration twisted the economic thrust of the country in that direction cannot now be measured in real terms.

But it is clear that his legacy, in the long-term, will include a moribund State of an economy which impoverished most of the people and turned a few politicians into billionaires overnight.

From all the recent declarations of the party led by Mugabe since the overthrow of Ndabaningi Sithole, there will be no change in the multiplicity of newspapers and other journals owned and run by the ruling party.

If the cynics believe that this will ensure that real democracy will be a long time in arriving in Zimbabwe, their prognosis ought not to be dismissed out of hand as hogwash.

There still exist in most African countries — in fact, all African countries — typical examples of political hacks.

Happily, however, most people have long realised that, if they were united, in real terms, there would be no opportunity for the hacks to succeed in their task of turning the country into political and economic squalor.

Our immediate neighbours and our partners in that hodgepodge of a political misdeed known as the federation of Rhodesia and Nyasaland have displayed more political maturity that we have since independence.

Zambia and Malawi have had political transitions which have had little of the bloodshed we have experienced since our full nationhood.

This is not to say that we ought to emulate their examples without examining our own special failures.

Zanu PF is evidently pleased as punch that the MDC is in shambles and that their No. 1 nemesis, Morgan Tsvangirai’s star is on the wane.

Yet Zanu PF, under the geriatric guidance of a man whose own health is also on the wane, seems to be doddering to an uncertain destiny.

Meanwhile, the people in general cannot be excited by the continuing lack of seriousness of the government’s nest of publications and electronic apparatus.

On more and more occasions, the people are being shown that this government is clueless as to what ought to be done — about the economy, particularly.

The hacks are clueless too, which must please many ordinary people, whose livelihoods remain threatened by the tomfoolery of the fat cats.

HARARE - The $300 000 that the Zimbabwe Music Rights Association (Zimura) is distributing to its members is encouraging.

This a welcome respite to the country’s musicians that have been turned into paupers due to rampant intellectual piracy that has been allowed to run riot on the streets of Zimbabwe’s cities.

Admittedly, the size of the cake that is being shared among our musicians is still considerably small but we are sure that most musicians regard the little income that is trickling towards them as the first step towards what could turn out to be a brighter future.

We also hope that Zimura — Zimbabwe’s sole licensed musicians’ royalties collection board will increase efforts to ensure that all the country’s radio stations, shops, hotels and night clubs pay all the necessary fees they are required to pay for commercially exploiting music in their business enterprises.

Zimura must also ensure that they not only collect money owed to musicians but also manage the distribution of royalties in a transparent manner.

Musicians have repeatedly raised serious concerns over what they perceive to be an unfair distribution system that is skewed in favour of a few popular musicians.

While it is possible that these allegations against the collecting society are unfounded, it is clear that Zimura needs to come up with a distribution mechanism that is acceptable to all member musicians.

The formula for sharing the music royalty cake must be arrived at after a thorough consultative process that involves all musicians.

Only a transparent process will nip in the bud discordant voices that continue to come out each time Zimura distributes royalties to member musicians.

While it is important for Zimura to do all in its powers to maximise the accrual of music royalties, the truth of the matter is that the share musicians get from the collecting society will never be adequate.

In an ideal set-up the money musicians receive from Zimura should augment income they get from record companies that sell their music but piracy has made this a pipe dream.

Early this week, Chimurenga music legend Thomas Mapfumo underscored his desire to meet President Robert Mugabe in order to make him and his government appreciate how music piracy has robbed musicians of a decent livelihood.

Mapfumo is not alone in this frustration over the failure by responsible authorities to reign-in abuse of intellectual piracy.

Government has a moral responsibility to act.

HARARE - There must be a limit to everything, or a stage where someone must draw the line, even when there is a lot at stake.

Because, some extents of hitting into the dark eventually erode everything, including the remaining little things one could salvage.

So Tendai Biti and his colleagues retired to bed last night after probably having watched some World Cup football, and, deliberately lying to themselves, blatantly and quite bizzarely.

They were saying to themselves something like, “so tomorrow we are going to stage another charade”, then, went on to hug or kiss their wives, or girlfriends, look themselves in the mirror — some admiring their healthy looking frames, while others shrank at skeletal images they beheld — before slipping into crispy white sheets, or something like that.

They woke up again, all set and determined to stage another farcical charade.

Biti and company claimed to have set a hearing for MDC leader Morgan Tsvangirai.

Not that Tsvangirai can’t be brought before such processes, but, even the dogs and cats at Biti and his colleagues’ homes now know that there is simply nothing of that sort in their series of hallucinations.

It is clear that the Biti group just can’t even talk to Tsvangirai for a single minute, but insists on the obvious gimmicks of virtual foolishness.

The Biti group have spent five months virtually staging such gimmicks — at very huge cost.

Here is why.

By pretending to have the capacity and opportunity to do what is just impossible, the MDC rebels have consistently reinforced three theories.

First, that they are desperately staging a charade, on the leash and pushed by hidden hands.

There has now been enough to reveal the direction of the hidden hands, and I find that of Zanu PF to be exerting much influence on the Biti group.

Secondly, by staging the endless episodes of charades, the Biti group is openly parading to the world the reality of their foolishness, self delusion and even hypocrisy — which has become their identity in the view of the same people for which the gimmicks are staged.

It is pure foolishness to switch on the stove, put a pot full of water to boil while singing “we are cooking” when there is not even a single grain of rice or anything else in the house.

Lastly, Biti and company are shooting themselves in the head by demonstrating to their handlers and funders, repeatedly, that they are just staging a charade.

There were some backers and funders that had genuinely hoped for credible leadership “renewal” mission to be attempted by the Biti group.

They are cringing at the horror of charades such as a claimed “hearing” on Tsvangirai, which virtually doesn’t exist.

Then, had it not been for the ample evidence showing that the Biti group rather has other missions, far removed from what they have been purporting, we would be wondering whether any people would take them seriously.

Because, the same Biti has been telling the few listening to him that, as he acts the Tsvangirai “hearing”, he is also “forming another party” or “working with Zanu PF”.

As well as, probably still shopping for Jacob Zuma’s whisky to take the charade to him.

But, even in their mission of destroying Tsvangirai and the MDC, the Biti group shall have their sponsors and handlers very livid and exasperated, because, this is a charade gone to the dogs. - Nehanda Radio

HARARE - Falcon Gold Zimbabwe Limited (Falgold) says its mothballed Dalny Mine (Dalny) weighed down profits for the half year to March 2014 due to revenue channelled to care and maintenance costs.

Although the Zimbabwe Stock Exchange-listed mining concern narrowed losses from $2,6 million incurred in the half year to March 2013 to $1,6 million during the period under review, it said Dalny’s maintenance costs contributed significantly to the negative position.

“The care and maintenance costs at Dalny for the six months ended March 31 2014 amounted to $774,475. This amount is included in the net loss reported,” Falgold said.

Dalny is 100 percent owned by Falgold and is set to be disposed to a United Kingdom-based African Consolidated Resources (ACR) for $8 million.

Falgold’s plan to dispose of Dalny — which has been facing operational challenges including, rising labour and power costs, high domestic royalties, taxes and fees, as well as a damaging and costly illegal strike by workers — has been on the cards since last year.

“The company is currently engaged in discussions with African Consolidated Resources to dispose of the assets and liabilities of Dalny,” said Falgold.

“ACR have offered a full payment price of $8 million. The estimated net cash from transaction is approximately $2,5 million,” the miner said.

Falgold said the transaction is subject to a due diligence and various actions which ACR is in the process of undertaking.

The terms of the disposal include full settlement of Dalny’s all-known trade creditors and payment of salary arrears.

ACR will also settle any capital gains tax or other liabilities due to the Zimbabwe Revenue Authority.

The balance of funds after the payments will be remitted to Falgold.

ACR is an AIM-listed junior resource development company focused on Zimbabwe, Zambia and Mozambique with projects covering gold, nickel, platinum, copper, phosphate and diamonds.

Falgold, owned by Canada-listed junior miner New Dawn, posted a $12,5 million loss in the year ended September 2013.

It produced 4,789 ounces of gold in the half year to March 2014, with an average sale price of $1,274 per ounce.

The output compared to 8,285 ounces of gold for the same period last year, which had an average sale price of $1,636 per ounce.

“The large drop in production in 2014 as compared to 2013 is attributable to the closure of Dalny,” said the miner.

Mining and processing costs decreased to $6,6 million resulting in a -5,8 percent operating margin as compared to $15,4 million recorded for the same period last year.

The plunge in mining and processing costs was attributed to the closure of Dalny and the implementation of cost control measures.

“The operating margin, although still negative, dropped significantly in 2014 compared to 2013 due to the closure of Dalny and cost wise initiatives necessitated by the large decline in gold prices win 2013,” said Falgold.

Administration costs fell by 18,2 percent.

The group said it is concerned with the weak world gold price which has fallen from a range of approximately $1,600 to $1,650 per ounce through March 31 2013, to a current range of around $1,250 to $1,300 per ounce.

“These levels with the current tax regime, rigid labour laws and the high power costs, operating profitability is non-existent,” Falgold said.

NAIROBI - Kenya's government has urged people to watch World Cup football matches in the comfort of their homes instead of in "crowded and unprotected open places".

The advice comes after two days of attacks on Kenya's coast earlier this week left more than 60 people dead.

They started in Mpeketoni as people were watching football on Sunday.

The interior ministry said that although security had been beefed up across the country, bar and restaurant owners should take extra precautions.

Somalia's Islamist group al-Shabab said it carried out the attacks over two days in and around the town of Mpeketoni in revenge for the presence of Kenyan troops in Somalia and the killing of Muslims.

Bars in the capital, Nairobi, were packed with fans watching the opening game last week

But President Uhuru Kenyatta has said "local political networks" were to blame for the violence as members of one ethnic group were targeted.

Most of the dead were ethnic Kikuyus, like the president. Non-Muslims were singled out to be killed.

'Take advantage'

The interior ministry said Kenyans "should be cautious and vigilant while watching World Cup football matches".

"Where possible, Kenyans are strongly advised to watch the World Cup matches from the comfort of their homes instead of crowded and unprotected open places," the statement said.

Bar and restaurant owners should increase security to ensure they are "safe from criminals who may try to take advantage of the World Cup to perpetrate acts of criminality and violence", it said.

The BBC's Paul Nabiswa in the capital, Nairobi, says Kenyans regularly go to bars to watch football and the advice will disappoint many fans.

It comes at a time when many foreign governments, including the US and UK, have warned against travelling to the border region with Somalia, Mombasa and the slums of Nairobi, he says.

Kenya sent troops to Somalia in 2011 to help the weak UN-backed government defeat the militants.

Kenya's opposition leader Raila Odinga, who was prime minister in 2011, has said it is now time to re-evaluate the presence of Kenyan troops in Somalia.

"I don't think this is enhancing our national security, I would rather that our troops were pulled out and brought along the border to secure our border," he told the BBC's Newsday programme.

But he said he did not regret sending forces into Somalia in the first place as Kenya's tourism industry had been under threat.

The Mpeketoni attacks were the deadliest in Kenya since Somalia's al-Shabab militants killed 67 people in an attack on a shopping mall in Nairobi last September.

Mpeketoni has long-standing political and ethnic divisions, and correspondents say local ethnic Somalis or Oromos may have targeted them and tried to blame al-Shabab by flying the group's flag.

Many locals accuse the government of helping Kikuyus get rich by giving them land - the same complaint that was behind the deadly ethnic violence that swept Kenya after disputed elections in 2007.

HARARE - Popular Ghanaian Prophetess, Anita Kusi Boateng, is expected to be the special guest at United Family International Church’s (UFIC) 3rd Annual Victorious Ladies Convention.

The convention, a brainchild of Prophetess Ruth Makandiwa, will be held at Harare’s City Sports Centre, on June 27 and 28.

Prophetess Boateng is the wife to Prophet Emmanuel Makandiwa’s spiritual father Prophet Victor Kusi Boateng.

The ladies’ convention is meant to teach women the word of God and nurture entrepreneurs who have a deep understanding of how to do business in a Godly way.

Speaking about the convention, Fortunate Kufakunesu, who is supervising preparations, said the church was preparing serious business persons.

"Our Father Prophet Emmanuel Makandiwa has prophesied a boom in our economy, the opening up of industries and a flourishing business environment where shops and industries will be open 24/7,” Kufakunesu said.

“We firmly believe in this word and we are now preparing, in our own small way, to ensure more and more women will be able to play a significant role in this envisaged and prophesied future.”

She said her church firmly believed in empowering women folk in its midst.

Kufakunesu explained that as women in UFIC, they were much aware of the various economic activities around them and that “the church was quite aware there was serious need to create jobs in the economy as envisaged in ZimAsset, hence our small way of trying to tap into this vision and empower women to create jobs for themselves and others.”

Kufakunesu said the church’s women department, aptly named “Victorious Ladies” was there to empower women through the word of God, by instilling discipline, both financial and spiritual, as well as ensuring the word that Prophet Makandiwa preaches, that of releasing people from the shackles of poverty, is operationalised.

“The ladies convention is an opportunity for women to come together, share the word and life experiences as well as share testimonies that can help build strong, focussed and diligent women who can hold their own in the fields of business, spiritual ministry and any other societal responsibilities as we are ably taught by our mother Prophetess Ruth Makandiwa,” said Kufakunesu.

The convention is expected to attract thousands of women from different walks of life, different nations and backgrounds.

“We are working around the clock to plan this wonderful event. We are highly expectant as we await Prophetess Anita Kusi Boateng’s arrival, women’s lives will certainly be elevated to greater heights,” she said, adding that the day-to-day challenges women face will be addressed and solutions will be divinely orchestrated.

Many prolific guests are expected, amongst them popular South African gospel musician and spiritual daughter of Prophet and Prophetess Makandiwa, Hlengiwe Mhlaba.

HARARE - Media practitioners have applauded the Constitutional Court for ruling that criminal defamation is not a justifiable law in Zimbabwe and must be struck off the statutes.

The Constitutional Court last week scrapped criminal libel which critics say has been employed to restrict the freedom of the press.

The full bench of the Constitutional Court ruled that criminalising defamation was harsh and excessive.

“It is not necessary to criminalise defamatory statements,” the ruling said.

“Accordingly, it is inconsistent with the freedom of expression guaranteed by (the) constitution.”

This was after former Standard editor Nevanji Madanhire and a reporter challenged the law following their 2011 arrest for reporting that Zanu PF MP Munyaradzi Kereke’s hospital was bankrupt and failing to pay its workers.

The highest court in the land ruled that any person who felt defamed should seek civil remedies and called for the scrapping of criminal defamation laws.

Nhlanhla Ngwenya, Misa-Zimbabwe director, said they welcomed the key judicial points that the Constitutional Court noted in the judgment, which dovetail with the press freedom group’s longstanding observations that criminal defamation was an undemocratic law used as a tool to muzzle the media by public officials.

Ngwenya said criminalising defamation results in harmful consequences such as the chilling possibility of arrest, detention, as well as imprisonment.

He said some of the key and noteworthy points stemming from the judgment were that criminalising defamation was a disproportionate remedy to the objective of protection of reputations and rights and freedoms of other persons.

“It stifles and silences free-flow of information in the public domain resulting in an uninformed citizenry on matters of public significance,” Ngwenya said.

“It is unnecessary to criminalise defamatory statements. The country’s civil remedies for defamation afford ample compensatory redress for injury to one’s reputation or dignity.
While Misa-Zimbabwe commended the judgment and in particular the observations it made on this issue, Ngwenya said the organisation was concerned with some seemingly salient issues raised in the ruling, which the court noted were “matters for argument and consideration as and when appropriate...”

“In particular, the court’s observations that the right to freedom of expression as conferred by Section 61 (of the new constitution) ‘...is to be more narrowly construed as being subordinate to the value of human dignity...’ and also that ‘it might also be argued that the offence of criminal defamation is a justifiable limitation on the freedom of expression as envisaged by Section 86 of the new constitution....’”

Foster Dongozi, secretary-general of the Zimbabwe Union of Journalists (ZUJ), said the union commends the role played by journalists in challenging a law which went against the rights of journalists to disseminate information and that had for long interfered with the work of media practitioners in Zimbabwe.

“The ruling by the constitutional court can be viewed as a step towards creating an environment where journalists are able to operate professionally and effectively without any hindrances,” Dongozi said.

There was now recognition that a simple dispute is not solved using police and other tools to harass journalists but through routes such as civil action.

Journalist Njabulo Ncube welcomed the development as a step in the right direction in the promotion and protection of freedom of expression and media freedom guaranteed in the new Constitution.

“Criminal defamation is antithetical to a constitutional democracy such as ours,” he said.

“There can never be justification for a law that has its roots in the 13th Century dictatorship of the monarchs to remain in our modern democracy.

“This is because criminal defamation imposes criminal sentences for expressing oneself. Surely, unpalatable contents of one’s expression cannot be equated to crimes such as rape, murder, robbery among others which attract jail terms.

“To make matters worse, the law is simply a tool used by those in office to insulate themselves through threats of jailing journalists when they know that there has been hardly a conviction under that law.

“They know that the threat of a jail term can easily send a chilling effect on journalists, resulting in self-censorship and creation of sacred cows among those in power. It is not clear if the government will move with speed to strike off the law.”

He said if the law was annulled, then the onus will now be on journalists to practice responsible journalism for the benefit of the nation at large.

“The onus will also rest on the profession to police its works as well as chide those found dabbling in unethical conduct such as publishing falsehoods and fabricating content,” he said.

“Upon nullification of this offending law, the profession needs organisations such as the VMCZ and MMPZ to up their game so as to keep the profession on its toes as far as respect of ethics are concerned.

“Failure to cover our backs as a profession would boomerang against us, and probably resulting in the powers-that-be plucking the law from their drawers and re-using it against the profession.”

Journalist Chakanyuka Bosha said there was a good chance that the unjust law would be struck down as there appears to be some political will to do so if the encouraging overtures from minister Jonathan Moyo were anything to go by.

“The removal of that law will no doubt enable journalists to operate without fear and be more robust in their work with no threat of arrest hovering over their heads,” Bosha said.

“No form of justification is acceptable for criminalising journalism. Let those offended by the media use other available avenues such as the VMCZ among others for redress.”

Media practitioner Rashweat Mukundu said the constitutional court ruling on criminal defamation was a positive development that should free media workers from the shackles of insult laws, which protect the powerful and connected in society.

“Instead of seeking protection under criminal defamation laws, the powerful in society must open themselves to more scrutiny as they make decisions be they economic, political or social that have far reaching consequences for all citizens, either positive or negative,” Mukundu said.

HARARE - City Link Luxury Bus Company yesterday apologised for the loss of three passengers in an accident near Norton on Wednesday.

The luxury coach, plying the Bulawayo-Harare route, overturned following a head-on collision with a lorry after it was obstructed by smoke from a veld fire. The accident happened around 1330hrs near the Norton tollgate.

Gerald Matapure, the bus company’s general manager, expressed “deepest regret” to families who lost their loved ones.

He said everything would be done to assist them.

“As a company, we put the safety of passengers first and as such we will do all we can as a responsible company to assist the bereaved,” Matapure told the Daily News.

He said contrary to earlier reports, it was actually the lorry that encroached into the bus’s lane as it evaded a bush fire that had caused a thick smoke.

“Our driver was not in the wrong lane — unfortunately, he also passed on in the accident.”
Matapure said the company’s drivers travel in Zimbabwe and within the region, hence they have to possess the right qualifications and experience.

“Elliot Josita, the driver who died, had 23 years experience and was a former VID instructor,” the manager said. “His co-driver has 15 years’ experience.”

He said they were proud of their safety precautions. Since launching the company, this was their first fatal accident.

“Each of our buses operate with two drivers at any given time and all of them have vast experience,” he said. “It is the passengers’ safety that we value most, more than anything else.”

He said his company buses were replaced after every three years.

“We are also very strict on the servicing of the buses and this is done timely,” he said.