ZVISHAVANE - With the 2016/2017 agricultural season having been characterised by above normal rainfall and flash floods across the country, surprisingly Zvishavane which is in the agricultural ecological regions four and five suffered a dry spell.

A visit to the small mining area showed dry river beds which had filled with sand mostly due to siltation caused by stream bank cultivation.

Villagers of Matenda in ward 18 of Zvishavane said water in the area was so rare, even borehole drilling would sometimes not help.

One villager who spoke to the Daily News on Sunday said the areas that had water were very far away from people.

Josphat Manda said women and girls were most affected by the water scarcity as they performed household chores which always required the precious liquid.

He said the children spend most of the afternoon walking to and from fetching water that renders studying a struggle as they would be tired from the long trek.

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“Before some donor agencies came to our village, our nearest water source was 10km away. Women would spend the better part of the day at the rivers and only return when they would have finished their laundry and sometimes even prepare evening meals while there.

“If government could at least build us one large dam because the distance is unbearable.”

The area is just so arid that the few vegetables that can be ground in the sandy soils.”

The isolated puddles of water remaining from the previous rainy season are the only source of water for humans and livestock.

To assist in the situation aid agencies working in the area such as the World Food Programme (WFP) and Adventist Development Relief Agency (Adra) drill boreholes and construct weir dams.

Adra engineer Nhlanhla Ncube said one of the dams they constructed with the assistance from WFP, Chikaura Dam, has been nothing more than a puddle.

She said the dam which has a capacity of 39 000 cubic metres of water provided the liquid to five nearby villages.

Musvosvi said the villages — Mahwe, Mazunga, Zinyani, Mapolisa and Darwen — survived on subsistence farming from their communal vegetable gardens.

“The dam is in its first season but as it is currently at 100 percent, the water can sustain the villages for only two years in the event of a severe drought. During last year’s rainy season, it was damaged a bit but it has managed to contain water for the community. Now villagers do not have to walk a long distance as there is a pipeline to the gardens,” she said.

During the 2016/2017 rainy season 170 dams of the country’s 10 000 dams were damaged due to the heavy rains that pounded the country while an additional 140 were threatening to breach.

WFP country director Eddie Rowe said Zvishavane’s water situation was bad as sourcing water for boreholes was difficult.

He said in Matenda area, water would be discovered kilometres away from its intended beneficiaries.

“It is with the aid of technology that we manage to bring water to schools and shopping centres.

“Using solar energy which is in abundance in Zvishavane means people do not have to pay anything in terms of maintenance. At one instance, we found water a few kilometres away from the school and had to pipe it to the nearby school so that children and teachers could access it.

“Ultimately when water is at a school, the community can better access it without any hindrances of ownership. The liquid is for everyone,” Rowe said.

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HARARE - Since the attainment of independence, Zimbabwean prisoners — who have the same rights to decide on their next leader as every other Zimbabwean citizen — have never been accorded the right to vote.

But according to the Constitution of Zimbabwe, all citizens of Zimbabwe who are aged 18 or above have the right to vote.

MDC spokesperson and lawyer Obert Gutu said there is no-where in the Electoral Act or any other law where it’s stated that prisoners have no right to vote.

“The Constitution is the supreme law of the land and all laws that are inconsistent with the Constitution are null and void to the extent of the inconsistency. Prisoners in Zimbabwe’s correctional facilities have the right to vote and as such, Zimbabwe Electoral Commission (Zec) must put in place the necessary logistical facilities to ensure that prisoners can vote in next year’s elections. Recently in Kenya, prisoners were actually able to vote for candidates of their choice.”

Human rights lawyer Kudzai Kadzere said responsible authorities ought to adequately inform prisoners that jail did not strip them of their voting rights.

“The Constitution says that every Zimbabwean has a right to vote but it is not an absolute right. Any law that may suggest that prisoners have no voting rights would be discriminatory. When suspects are sentenced in the criminal court they are not told that as they lose their right to movement they also lose voting rights.

“…maybe this actually calls for alignment of some of the country’s subsidiary laws to the Constitution. The electoral commission has an obligation to make sure it fulfils safeguard of prisoners voting rights. In countries like South Africa, prisoners have been voting.

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“The argument of Zec has been that they cannot set up a polling station at prison and, maybe the prisoners need to take it a bit further and fight for their constitutionally enshrined right.”

Another lawyer Liberty Gono said: “It would only be fair that everyone is given that opportunity if a person is to decide not to vote then that would be a personal decision. A prisoner who wanted to vote but was not allowed because of various reasons will not be accountable to any other decision that the elected government will make on his behalf.”

In a response to an application made by three MDC activists challenging their voting rights Zec’s position was that it would not allow them to vote next year because they would have spent 12 consecutive months outside their constituencies by the time the polls are held.

In an opposing affidavit to the bid by Yvonne Musarurwa, Tungamirai Madzokere and Last Maengahama, who are serving prison terms of 20 years each after they were convicted last year for murdering a policeman, Zec said the trio would not be eligible to participate in the plebiscite.

The trio is seeking an order compelling Justice, Legal and Parliamentary Affairs minister Emmerson Mnangagwa, Zec and its chairperson Justice Rita Makarau to register them on the national voters’ roll and facilitate their voting on Election Day.

“No provision, in the 2nd and 3rd respondents’ analysis of the law, is made for the registration of inmates as voters and or their casting of ballots on polling day.

“In terms of section 23 (3) of the Electoral Act, a person ceases to be a resident in a particular constituency if for a continuous period of twelve months he/she has ceased to reside in that constituency,” Makarau said.

The trio was incarcerated on December 12, 2016, and would have spent over 12 months behind bars by the time of next year’s elections.

Makarau further said the only other lawfully-recognised method of casting one’s vote during an election, other than physically presenting oneself at a polling station on polling day is postal voting.

However, the eligibility of this vote is limited to persons on duty in the service of government outside the country, members of a disciplined force and electoral officers on polling day.

It does not cover the applicants, Makarau said.

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HARARE - President Robert Mugabe should name his successor and manage the transition while in office to avoid events being controlled by circumstances beyond his control, analysts contend.

First Lady Grace Mugabe recently waded into the Zanu PF succession when she urged her ageing husband to anoint a successor of his choice which will enable all party members to rally behind one candidate. Vice President Phekezela Mphoko and the youth league immediately came out in full support of the call.

Grace, who is widely believed to harbour presidential ambitions, made her comments while addressing the Zanu PF party’s women’s league in Harare where she also said the president has the right to be involved in naming his successor and that his word is final.

While political and social analysts believe it would be wise for Mugabe to name his successor, there are others who still believe the president will not give in to such demands as he has always said this was the responsibility of the Zanu PF congress.

Human rights researcher Dewa Mavhinga said Mugabe’s advanced age and the persistent and escalating bickering within his Zanu PF party over succession will force his hand to name a successor.

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“It is likely that the naming of a successor will not change the current position that Mugabe will be the presidential candidate for Zanu PF in 2018. He might name a successor who will not take over immediately, but one who may remain in the wings for a while until Mugabe's eventual departure.

Mavhinga added that factions may have helped Mugabe stay at the helm for much of the 37 years since independence. “But now, for virtually everyone, the focus is on the post-Mugabe era and therefore what Mugabe needs is to name a successor who can protect his legacy, and who can begin to heal divisions and give Zanu PF a chance of survival when Mugabe is gone.”

Political analyst Hopewell Chin’ono believes first lady and Mphoko are mere actors or megaphones. “They didn't think this up. This is vintage Mugabe preparing us for an announcement of his successor. It makes sense for Mugabe to name his successor and manage the transition while in office to avoid events being controlled by circumstances beyond his control.

“If Bob were to die in office, it would leave his family at the mercy of the new leader and his surrogates, a proposition that is too dangerous for Grace considering the amount of enemies that she has made.”

Political commentator Mcdonald Lewanika is of the opinion that the pronouncements from the first lady and Mphoko are tell-tale signs, “which are indicative of what is happening internally within the faction (G40) but also within the president’s household.

“If this is true then the likelihood is that now that the subject has been broached Mugabe is likely to either anoint a successor or institute a process which leads to a favoured successor by the time of the Zanu PF conference in December.”

Lewanika said had the calls been coming from other quarters “we could expect them to be met with the usual rhetoric around there being no vacancy in the statehouse, not least from the first lady herself, but now that this successor talk is coming from her — it is a telling sign.”

Social commentator Vivid Gwede believes Mugabe has been consistent on the fact that he will not name a successor and that it is not proper to do so.

“However, it is not clear if these growing sentiments will sway him. He knows it is not automatic that the successor will be accepted and I think that worries him.

“There is some truth to the fact that if he leaves his party faces the risk of further divisions. Let me add that as Zimbabweans we must refuse this idea of successors as appointees rather than elects.

“The correct thing is that he should oversee free and fair elections, either in the country or in his party, and the likelihood that a successor will emerge is high,” said Gwede.

He added that the Zanu PF situation is not unique because it mirrors the Communist Party of China’s situation towards the end of Mao’s reign. “Mao’s preferred successor Hua Guofen was rejected, while the one favoured by the military class prevailed. The same may just happen in Zanu PF.”

Mining activist Farai Maguwu said Mugabe has never thought of seeing another leader in Zimbabwe during his lifetime.

“He has remarkably created an impression that no one else can better govern than him. If pressure mounts on him to name a successor he will say the people will decide and when the people try to choose another leader he will say the pen can't defeat the gun.

“This patter will continue till he drops dead. If possible he would want the Zanu PF politburo to discuss succession immediately after returning from the Heroes Acre,” said Maguwu.

Political activist Tabani Moyo said the factionalism of Zanu PF boils always around August as build up to congress, but rarely do you see seismic change except change as defined by Mugabe.

“And in this case, he is yet to come in the open choosing a successor, but what is clear is that he does not want Mnangagwa near the throne and this congress is pointing to the fact that Mnangagwa will be shaken big time!”

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HARARE - With the silly season of elections now upon us, it is no longer uncommon to hear the political elite referring to their fellow citizens as “our people”.

While this might sound like a genuine slip of the tongue, in the majority of cases it is actually a true reflection of what those in positions of authority think about the generality of the country’s population.

The phrase “our people” gives a sense of owning the masses on account of either occupying a powerful office or having fought for the country’s liberation during the guerrilla war of the 1970s. It’s a phrase that removes the need to consult the electorate, which is why we now have a crop of self-serving leaders who do not think they are obliged to take counsel from those they lead.

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Is it not ironic that citizens who apply for jobs through elections are no longer accountable to their employers who pay their salaries? Is it not a tragedy that some members of the Executive even refuse to appear before parliamentary committees, which are representatives of their employers?

How many times have Zimbabweans been told that amongst them are “stockholders” and not stakeholders, implying there is a special category of citizens that holds the title deeds for this republic. Whereas stakeholders must go through the front door to get even the simplest of things done, stockholders — along with their families and friends — have boundless access to permits, mineral claims, government inputs, and other privileges funded by the taxpayer.

Because they don’t think they are answerable or accountable to those who voted them into office, the result has been poorly-crafted policies and programmes that stink to high heaven.

For example, despite “our people” saying no to the reckless indigenisation exercise where foreign-owned companies were compelled by law to give up controlling stakes to blacks, the “stockholders” felt otherwise.

In 2000, despite international calls for government to put a human face to its land expropriations, the “stockholders” did not take heed because what mattered to them at the time was not the fall in production, but hitting back at the minority whites for funding Morgan Tsvangirai’s MDC party.

And around 2007/08, government came up with price controls which destroyed many businesses, resulting in supermarkets shelves running empty. To this day, some of the businesses have not yet recovered from the price controls whose warped reasoning was to make the Zanu PF government look good in the eyes of voters.

Ahead of the 2013 elections, councils and power utility Zesa Holdings were directed by the Zanu PF side of the inclusive government that ran the country’s affairs between 2009 and 2013 to write-off debts that were owed to individuals and households thus causing service delivery to plump to its lowest depths.

Instead of owning up to their delusions, the “stockholders” are quick to blame what has followed on irrational economic agents who are labelled greedy, undisciplined and stooges of the West and its allies. Really!

This is true for many other disastrous policies that have been implemented over the years.

The serious governance issues that emanate from the phrase “our people” have had adverse economic impact on the governed as they cannot question or get answers on how national resources are being utilised as well as have their views considered in national discourse.

In as much as we have replaced the word “problems” with “challenges”, we need to do the same and replace “our people”, which should have ended with the abolition of slavery, with “fellow citizens” or “fellow countrymen”.

This will have the effect of changing the way those in authority view other citizens and making them realise that they are privileged to work for their fellow countrymen. It will also help restore the dignity and powers of our citizens.

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HARARE - The solo war Harare mayor Bernard Manyenyeni has started at the City of Harare is one he may not win easily.

The Harare mayor is reportedly planning to slash wages for council employees, ostensibly because they are too exorbitant and gobble a significant chunk of revenue meant for service delivery.

Previously, Manyenyeni has bemoaned the state of the capital city’s revenue collection versus expenditure — the bulk of which is not going towards service delivery as expected in ideal situations — arguing it called for a rethink on the part of the city fathers and even government, to restore order at councils.

While government has already done its part by imposing salary caps for top local authority officials in the country, the issue of compliance has not been followed through. In 2014, government capped the salary and perks for managers of State-owned entities and city council bosses at a total of $72 000 per annum, representing a huge cut for some executives, who were raking in up to $500 000 a year.

At the time of dollarisation in 2009, Harare — together with many other local authorities and State-owned entities — remained stuck in the Zimdollar era, pegging salaries they could not sustain in light of their revenue collection.

An audit by the Local Government ministry last year revealed that directors were still paying themselves in excess of $12 000 per month each.

For Manyenyeni and those that call the shots at council, it is important to ensure that there is compliance on the part of the top officials first before the programme is cascaded to include shop floor workers.

That way, the outcry over possible salary cuts as a way of improving operations of council may be averted.

Like other organisations in the country, councils are struggling to meet their overheads, including recurrent expenditure because of the economic meltdown but that should not be justification for poor service delivery.

The bulk of councils’ recurrent expenditure goes towards salaries and allowances for top executives, while residents are putting up with garbage in their environs, and going for weeks on end without water.

Meanwhile, local authorities are expected to account for every cent they receive from ratepayers through the provision of satisfactory service to residents, which includes timely collection of refuse as well as effective solid waste disposal among others.

Manyenyeni — who is being plain realistic — needs support but obviously he has to ensure top officials take the salary cuts imposed by the ministry and begin to prioritise service delivery in their areas of jurisdiction.

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HARARE - A serious diplomatic feud has erupted between Zimbabwe and its southern neighbour after South African aviation authorities banned all Air Zimbabwe flights in and out of that country on Friday and Zimbabwean authorities responded by grounding South African Airways (SAA) flights into and out of Harare.

The standoff comes at a time Zimbabwe and South Africa are engaged in a huge diplomatic tiff following the case of First Lady Grace Mugabe who faced arrest in Johannesburg.

Grace stands accused of severely assaulting and injuring a 20-year-old model whom she found at a luxury hotel in the company of her two sons, Robert Jnr and Chatunga.

As a result of the grounding, thousands of passengers were left stranded both in Johannesburg and Harare amid indications that presidents Robert Mugabe and Jacob Zuma, who are both attending a Sadc summit in Pretoria, could be forced to intervene.

The standoff between the airlines left South African officials seething with anger with one describing Zimbabwe as “ungrateful” amid indications that Pretoria will retaliate in a big way with a devastating trade war that will most likely hurt Zimbabwe the most.

It could not be established if the seized Air Zimbabwe plane at OR International Airport in Johannesburg is the same Boeing 767 plane that flew Mugabe to South Africa for the summit on Wednesday.

The 90 passengers who had already taken seats awaiting take off on the Air Zimbabwe plane were asked to leave the plane and were put into a hotel in Johannesburg, a senior AirZim official told the Daily News on Sunday.

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A schedule released by the SAA on Friday night suggested that the ban had been imposed on safety grounds, with aviation sources saying AirZim had failed to produce the required Foreign Operators’ Certificate (FOC).

But Zimbabwean authorities immediately responded by ground an SAA plane that was due to take off at Harare International Airport and with SAA enjoying at least five flights a day into and out of Harare, it will turn out to be a huge financial blow for South Africa’s airline.

Besides the SAA’s five flights into Harare, the airline also flies into Victoria Falls and Bulawayo. Air Zimbabwe will not be affected that much as they operate just two flights to Johannesburg, one from Harare and the other from Bulawayo.

The Civil Aviation Authority of Zimbabwe (Caaz) yesterday barred SAA flights from taking off and landing in the country.

Inquiries by the Daily News on Sunday yesterday established that Caaz had also asked SAA to produce its own FOL, which it could not produce, resulting in Caaz prohibiting two SAA flights from taking off at the Harare International Airport.

When the Daily News on Sunday arrived at the airport yesterday afternoon, passengers who had been taken off a 7am flight were loading their baggage back into cars and driving off.

“We spent three hours on the plane only to be told that it was no longer taking off. They turned us away and said we would be updated regularly if there were any developments,” said one passenger who wanted to catch a connecting flight to the US at OR Tambo International Airport.

“Now this will have a knock on effect as I am now set to miss the connecting flight. This is so frustrating,” she added.

The second SAA flight also failed to take off as per schedule.

SAA has also suspended flights from South Africa.

“I was called by my client who is stranded in South Africa that they had been told that all flights (to Zimbabwe) had been cancelled until further notice,” said Destiny Travel and Tours agency managing director, Kudzayi Mundangepfupfu whose frantic efforts to secure alternative travelling arrangements for her clients were futile as other flights were fully booked.

SAA confirmed the developments in a statement released yesterday.

“The SAA advises its customers that its flights today, Saturday 19 August between Johannesburg and Harare have been affected by the restriction imposed by Zimbabwean authorities on operations.

“The decision to impose the restriction emanates from the requirement from Zimbabwean authorities of a foreign operators licence from the airline to continue to operate in that country,” the statement reads.

“Flight SA025 from Harare to Johannesburg could not operate at 0700hrs. SA022 which was scheduled to depart at 1045hrs from Johannesburg to Harare has also been cancelled.

“SAA is monitoring the situation and will provide updates on a regular basis and when there are developments,” it further reads.

It also emerged that two other airlines, British Airways and Fastjet had also temporarily suspended Johannesburg flights; although flights to other destinations were not affected, further pointing to a serious political and diplomatic ruckus between Harare and Pretoria.

Transport and Infrastructural Development minister, Jorum Gumbo, however, denied any diplomatic commotion between Zimbabwe and South Africa, saying this was purely an aviation issue.

“This is nothing to do with Zimbabwe and South Africa. The two airlines are only being asked by respective aviation authorities to comply with International Air Transport Association (Iata) regulation. Both airlines do not have the required foreign operators’ licences,” Gumbo said.

AirZim insiders, however, still questioned the timing of the developments, saying it was hardly a coincidence that the licences are only being required in the middle of a storm between the two countries.

It also emerged yesterday that the two aviation authorities have been allowing flights by both SAA and AirZim on the basis of a bilateral agreement.

“These are issues which should have been complied with a long time ago. There is an agreement between the two aviation authorities which I am sure has not been retracted. This raises a lot of questions,” a Caaz official said.

AirZim has a well-documented history of having its planes grounded in foreign countries.

In 2011, an AirZim Boeing 767-200 was seized in London over a $1,2 million debt.

Later that year, a Boeing 737 plane was impounded by South African authorities after the airline failed to pay a $500 000 debt.

In April this year, all five Air Zimbabwe aeroplanes operating in South Africa were grounded when they were declared not airworthy due to lack of service.

Last year, Iata banned the airline from flying to Europe over safety concerns.

South Africa, which is Zimbabwe’s biggest trading partner, has been signalling that its patience is running out and it can hit back against escalating provocations.

Last year, South Africa stopped a shed short of burning its bridges with Zimbabwe when Harare introduced a blanket ban on several goods imported from the rainbow nation through the infamous Statutory Instrument number 64 of 2016 which triggered violent street protests.

Zimbabwe imports between 50-55 percent of its goods and services from South Africa while the latter imports just about three percent.

This means the escalating diplomatic row could hurt the two economies hard if allowed to degenerate further.

Zimbabwe could suffer further ramifications given that it has at least two million people living and working in that country on special permits granted by the host nation.

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HARARE - Chris Andersen, who practiced as an advocate for over half a century, died on July 12, 2017. 

He was 81.  

He gave his all in the cause of those he had been instructed to represent.  He joined the Bar in the early 60s, when its members included many Queens Counsel of star-studded quality.  At the age of 38, in 1973, he became the youngest senior counsel at that time.

Andersen prepared for trial in very much the same way as a General does his battles, estimating the situation, taking the necessary action, marshalling his troops, which in this context included his instructing attorney, junior counsel, and the witnesses for his case. He demanded nothing but the very best of all those he was leading and he would pull no punches in dealing with those whose conduct fell short of what he required for the specific strategy he had laid out.

Jeremy Callow, a former partner with Stumbles & Rowe provides a rare insight into how, akin to a military commander preparing for battle, Andersen was meticulous in his preparation for trial. Callow states that it was the custom for Chris Andersen to require his instructing attorney to attend a pre-trial conference with the key witnesses.

On one such occasion, Andersen put his client through such a gruelling experience that when they left Chambers, his client, normally a robust individual, was almost in tears.  He questioned Callow, whether the advocate they had just spoken to, was not acting for other side. Callow states that he was only able to calm his client by saying to him – “if Chris Andersen can be so tough with you in preparation for the trial, can you imagine what he will do to the other side?”  With these words, his client felt reassured that Andersen was indeed instructed to represent him.

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His mastery of the law meant that he could determine in advance the legal terrain on which the battle would be won or lost. He had the knack and with effortless ease to wade through the thicket of evidence and dissect complex cases to a form readily understandable.

It was the renowned legal scholar, John Henry Wigmore, who stated that cross examination, is the “greatest legal engine ever invented for the discovery of the truth.”

The pursuit of truth is central to our adversarial trial system. In the pursuit of truth, Andersen brought into combat a formidable array of weaponry which comprised   the diverse forensic skills that were at his command. One of his chief assets was as  a cross-examiner.

David Bartlett, a highly respected former Judge of the High Court of Zimbabwe recalls: “I remember going to the High Court as a law student in 1974 to listen to a trial. Chris was cross examining a witness who was trying to evade the truth. Chris’ remorseless questioning cut through the lies, leaving the witness no place to hide... He was always extremely thoroughly prepared, his knowledge of the law immense, his ethics impeccable – and his cross examining skills even more formidable.”

Richard Wood, a former partner with Atherstone & Cook, pays this tribute: “He was the best defender in criminal cases I ever heard and this includes barristers imported from out of the country.”

Clive Grosman, a leading advocate in the 1980s in Zimbabwe, sent this tribute from Hong Kong: “I have come across many leading barristers, particularly from London, and also from Australia and New Zealand and few if any, could match Chris’ preparation, cross examination skills and over all advocacy. Very sad news indeed.”

Beatrice Mtetwa, a practicing trial lawyer and of a generation well after Andersen says: “I cannot say I knew Andersen that well other than appearing in court against him as he was still in government when I was at the Bar.  My contribution is therefore from that perspective and from the shocking deterioration of professional and ethical standards at the Bar. 

“The passing of Chris Andersen brought with it the nostalgia of days gone by where members of the Bar were always professional, ethical, and courteous and abided by the rules the Bar had set. It was unheard of for members of the Bar to be double booked and is this would happen both the Bar and the courts would not countenance it. Despite his sharp and incisive wit, the clarity of his legal arguments and a sometimes acerbic tongue, Andersen was always ethical, professional, and a stickler for the observance of Bar rules.  He was never rude or condescending to those of us who could not match his intellect. MHSRIP.”

Former Judge of the High Court of Zimbabwe, Chris Greenland , in his tribute, recognizes the contribution that  Andersen made to the reputation for excellence  that the legal profession in Zimbabwe  enjoys.

“In simple terms he was a practitioner of diamond hard functional integrity from whom I learnt so much. He made his mark during a period when our profession was more or less unimpeachable and a shining example to the rest of the planet. To that end he was a major contributor,” Greenland said.

Adrian de Bourbon SC, many years younger than Andersen, is Zimbabwe’s most senior practicing Advocate. Like Andersen, amongst others, he belongs to an elite corps of trial advocates who for several decades commanded the field of advocacy in Zimbabwe. This is his tribute.

“I too agree that this is sad news, but Chris had not been well for quite a while.  We were never good friends, but as an opponent none was more challenging than Chris. Always well prepared, his skill at cross examination was a privilege to see.  Ethically he was without a peer and he never tried to pull a fast one.  Without a shadow of doubt, the best advocate I came across (including a number from South Africa). “Victory against Chris was something to savour.  The law profession in Zimbabwe was much poorer when he had to retire.  My thoughts and condolences go to Anne and the family.”

Like most, his day would begin at 8am. From 10:30am to 4pm, he would be in court with a brief break for lunch. After court, he returns to Chambers for a cup of tea and from 5 until it is time to go home is occupied with consultations.  He would most certainly take a bundle of briefs home on most days.  Such was his daily routine for five days a week. He did not go into chambers during weekends or long vacations, most  of which he took in Zimbabwe at his  holiday home in Connemara and Inyanga. But even on such occasions, he always took a brief with him. Reading, reading, reading – this was the existence that gave life to his brilliance as a trial advocate.

Andersen’s name as counsel  appears in our Law Reports from  as early  as 1961 up until 2010 and even beyond.  He had a profound influence on the development of the law in Zimbabwe in the last half century. 

Reflecting upon his career as an advocate, what do we see? 

We see a man who dedicated his life and his formidable  array of trial advocacy skills to  the pursuit of truth in the legal process .

We see a man whose ethical conduct and integrity were second to none and who was not afraid to hold his peers to those high standards.

We see a man who, when the old order changed, as it did in 1980, was able to adapt to the new order and to continue to give of his best as an advocate and in various ministerial roles in the post –independence era.

Chris Andersen honed his fine legal skills in his early days, learning from the great advocates of his time. In a post independence era when some of his illustrious fellow advocates chose to flee Zimbabwe, Andersen and many others chose to stay the course and became standard bearers of the tradition of excellence in which they had been nurtured.

Andersen was born on December 14 1935, in Johannesburg, South Africa.  He was the son of Christian Andersen, a mining engineer born in Dagersfontein, South Africa, in 1909, and Alice Constance Andersen (nee Baines) a kindergarten teacher, born in Kimberely, South Africa, in 1911.

His parents moved to Southern Rhodesia as it then was in 1937, initially setting up residence in Jojo Mine in Kwekwe.  He attended Prince Edward High School between 1948 and 1953 as a boarder.  He was a house prefect and won the Mashonaland Squash Championship.  Between 1954 and 1956, he attended Rhodes University in South Africa, attaining a Bachelor of Arts, majoring with Law and a distinction in politics.   He completed his LLB degree at Rhodes University in 1958. In that year he was captain of the Combined Universities Squash Team.

In 1959 he moved to Harare and joined the Attorney General’s Office as a public prosecutor.  He was awarded national colours as the Federal squash champion.  In 1961 he left the Attorney General’s Office and joined the Bar. He married …Anne Eleanor Andersen (nee Cleveland) in 1964 at the Catholic Cathedral in Harare.

In 1974 he stood and won a seat in the parliamentary election for the Rhodesia Front party.  He was elected as leader of the Bar in 1976. In 1978 he was appointed as the Minister of Justice, Law and Order in the interim government of Bishop Abel Muzorerwa.  He attended Lancaster House in 1979 and in 1980 he left the Cabinet but remained as a Member of Parliament as a non-constituency member. He returned to his practice at the Bar in that year, until his appointment as Minister of Public Service in 1982, a post he held until 1990. 

From 1990 to 1993, he served as Minister of Mines. He retired from Parliament in 1996 and returned to Advocates Chambers in 1997.  In 2009 he retired from the Bar.

He is survived by his wife, Anne Eleanor Andersen (nee Cleveland), his children Karen, Hugh and David and his grandchildren, Graeme, Sarah, Kate, Sean, Jess and Emma. 

* James Devittie is a former judge of the High Court of Zimbabwe

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HARARE – Zimbabwean golfer Scott Vincent is hoping to ride on the momentum of his first outing at the tropical destination of Fiji.

Vincent signed for a closing round one-under 71 for a total eight-under 280 to close in a share of ninth place at the tri-sanctioned Fiji International at the Natadola Bay yesterday.

The 25-year-old, who attended Virginia Tech in the United States before turning professional in 2015, was six shots behind winner, Australian, Jason Norris.

Norris, 44, fired a sizzling final round 67 to claim a four-shot victory over the trio of Thailand’s Jazz Janewattananond and the Australian duo of David Mckenzie and James Marchesani.

Norris’ victory saw him pick up the $250 000 winner’s cheque, the biggest of his life.

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“It’s been a great week. It’s nice to come and play here.

“First year out here, I can’t be too disappointed with my result this week.

“One or two shots could have made the difference today but overall, I played really solid,” Vincent said.

“It’s still a good week. I have a lot of positives to take away from this week and hopefully I can ride on the good form heading into the remainder of the season.”

Vincent went into the final round three strokes off the pace after a four-under 68 at Natadola Bay Championship Golf Course famed for its coastal scenery.

His finish saw him ending as the only member of the top 10 not representing Australia, New Zealand or Thailand.

It was also his best finish of the year and earned him his biggest prize purse of the year — $26 147.

Vincent’s European Tour season has been wobbly but one he would look back at and take hard lessons as he progresses as a professional golfer.

He started the season finishing 109th at the BMW SA Open hosted by City of Ekurhuleni in January before finding the going tough at the Maybank Championship in Kuala Lumpur Malaysia where he finished 130th — his lowest finish of the year.

He followed that up by finishing 68th at the ISPS Handa World Super 6 Perth in Australia before picking 68th again at the Joburb Open in South Africa and 34th at Hero Indian Open in India in March.

Meanwhile, Norris was pleased with his victory.

“It’s taken me 21 years to have a win like this,” said Norris, who was considering the Asian Tour qualifying school for next year but now gets a two-year exemption on that tour and playing rights on the European Tour after winning the co-sanctioned event.

“Now I’ve got a start in Europe and Asia as well. I was going to quit the game last year and now I’m playing all over the world. It’s just fantastic,” he said.    

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ZVISHAVANE - ZPC Kariba added to Shabanie Mine’s growing relegation woes as they registered a vital away 1-0 win in yesterday’s Castle Lager Premiership match at Maglas Stadium.

The visitors’ midfielder Talent Chamboko scored the only goal of the game just before halftime that condemned Shabanie to their fourth defeat on the trot.

Shabanie are now in deep trouble as they dropped into the relegation zone as the poor run leaves them with 22 points from the same number of matches.

With a lean squad and well-documented financial problems, the Chinda Boys are now increasingly looking like they will go down at the end of the season despite a promising start to the season.

The Zvishavane-based outfit started off their campaign with a draw against defending champions CAPS United before going on to shock Bulawayo giants Highlanders in their own backyard.

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But all that promise is going up in smoke, unless they drastically find the winning formula again.

Yesterday’s win saw ZPC Kariba increase their tally to 35 points and move into fifth place on the log.

The match began with Shabanie on the back foot as they conceded too many free kicks in dangerous areas but they were spared by the visitors’ poor execution at set pieces.

Young Denzel Taderera was particularly jittery in the Shabanie defence but he could be forgiven as he is only 19.

It took half an hour for the Chinda Boys to begin clawing back into the game with more meaningful forays into ZPC Kariba territory.

However, with the match heading for the break with the scores level, Chamboko finally punished the Shabanie sloppy defending to give his side the lead.

In the second period, Shabanie returned a bit more purposeful but they still could not find a way through the ZPC defence.

After weathering the early pressure from the home side in the second period, ZPC Kariba regained control of the game.

In a surprising move, the Shabanie technical team withdrew second half substitute Richard Kawondera less than 10 minutes after coming on to replace him with Fradreck Muza.

ZPC Kariba could have doubled their advantage in the 72nd minute only for Raphael Manuvire’s strike to hit the upright with Shabanie goalkeeper Petros Moyo well-beaten.

The visitors then closed shop in the dying minutes of the game and were lucky to survive a sustained onslaught on their goal from the home side.

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CHIREDZI – Not for the first time this season, FC Platinum were again awarded a penalty which propelled them to a slender victory over Triangle in a Castle Lager Premiership match at Gibbo Stadium yesterday.

FC Platinum have been very lucky with penalty decisions this season — something that other teams have complained about.

With their forwards struggling to get goals, Pure Platinum Play have largely relied on goals from the spot thus far.

Yesterday, set-piece specialist Winston Mhango converted from the spot in the 26th minute after referee Jimmy Makwanda awarded the visitors the penalty following a foul on Gift Mbweti inside the box.

The win ensured that Norman Mapeza’s side remained in the hunt for their maiden league title after they moved into third place on the log with 42 points from 22 matches.

FC Platinum now trail log leaders Chicken Inn by three points as the title race now begins to take shape in the second half of the season.

As for Triangle, they have been blowing hot and cold this season and remain stuck in the middle of the table with 28 points from 22 matches in ninth place.

Their home record has been terrible this season.

Triangle coach Taurai Mangwiro said: “It’s very painful to lose. Today we were passive in the opening minutes and we made a blunder by giving away the goal; it could have been avoided but it’s part of the game, we hope to recover in our next match.”

The visitors’ coach Norman Mapeza was impressed with the fact that his side was able to recover from the 2-1 midweek defeat to CAPS United.

“With a bit of luck we could have scored two or more goals. We changed our tactical approach, it paid dividends for us today after losing against CAPS United; the players worked hard,” he said.

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HARARE – Dynamos coach Lloyd Mutasa feels the two-week break the Glamour Boys have enjoyed has given his side’s injured players time to recover as they launch an assault on the Castle Lager Premiership title.

The Zimbabwe Football Association cancelled all league action two weeks ago to pave way for the Heroes Day’s celebrations.

Last weekend, DeMbare’s league match against How Mine was postponed to allow the Harare giants to travel to Botswana to take part in the Supa Cup Challenge.

However, the tournament was also cancelled which means DeMbare were inactive for a good two weeks.

This gave the likes of Christian Ntouba, Quality Kangadze, Cleopas Kapupurika, Obey Mwerahari, Carlos Rusere, and Lincoln Zvasiya time to recover from different ailments.   

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“I think everything happens for a reason. We are not really worried about the unintended break in as much as we would have wanted to play the same time our rivals are playing,” Mutasa told the Daily News.

“We are taking it in a positive way and if you notice lately we had too many injuries so I think this break was a blessing in disguise as it allowed us enough time for most of our players to recover as well as to train and prepare.

“So, we are just hoping the guys will come back more determined to pick up from where we left.”

Dynamos are currently in third place on the log and can go top if they win the three games in hand which they have against Chapungu, CAPS United and How Mine.

At the moment, the Glamour Boys are sitting on a three-game winning streak following successes over Triangle, Black Rhinos and Hwange.     

Mutasa said it is their target to win all their remaining matches and hopefully win the club’s first title since 2014.

“As an institution there is no game that you go into without looking for a win. So at Dynamos just like at any other team it’s always the case that we are also looking at doing well in all our matches and see what happens at the end of the season,” he said.

“But we don’t want to put ourselves under pressure. We just want the youngsters to express themselves without giving them pressure. I think so far they have surpassed everyone’s expectations.

“People gave these youngsters a slim chance of doing well but interestingly they are now even tipping them to win the title.”

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HARARE – Dominic Chungwa netted a brace as CAPS United denied Ngezi Platinum Stars a chance to return to the top of the Castle Lager Premiership table with a convincing 3-0 victory yesterday.

For United, Chungwa has now struck a rich vein of form and has now scored four goals in United’s last four matches as the defending league champions are now seemingly on a revival mission to rescue what was slowly turning out to be one of the worst title defences in recent seasons.

Forward John Zhuwawo got the other goal for the Harare side as they rose up the log into 13th place on the log table with 24 points from 17 matches.

Crucially, for Makepekepe, they still have five matches in hand and yesterday’s win was a strong reminder to their rivals that they still have intentions of defending their title.

Lloyd Chitembwe’s charges, who came into the match on the heels of another impressive 2-1 victory over FC Platinum in midweek, were full value for their win and could have easily added to the score sheet had they buried some of the gilt-edged chances they created.

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“It was a ... fantastic performance from the whole team,” CAPS assistant coach Tostao Kwashi said.

“We’ve had a bad patch and I am happy we are over it now. It was a good message to everyone but also credit to Ngezi, they are not a bad side, they are a good side with a good coach in Tonderai Ndiraya. We can’t take away what he is doing at the club.

“We are the reigning champions and the pressure we have is within ourselves. We don’t want to talk a lot about the championship, what we want to talk about is our next game against Black Rhinos.

“As it is right now, it’s all about taking it step by step and going up the ladder.”

CAPS overcame an earlier setback which saw defender Stephen Makatuka being admitted to hospital after falling sick on the eve of the game.

Ngezi were unsettled by an aggressive approach from the home side, with the opening goal coming after 30 minutes when Chungwa headed home a Phineas Bamusi cross from the left side.

Two minutes later, the home side were 2-0 up when Zhuwawo doubled the lead with a perfect finish from the edge of the box after the Ngezi defence failed to deal with a long clearance from CAPS United goalkeeper Edmore Sibanda.

Chungwa completed his brace on the hour mark with a similar header this time from a Zhuwawo cross as he caught out the Ngezi defence flat footed.

Ndiraya blamed the defeat on the negative approach by his players.

“I think I must give credit to CAPS United, they were more determined than us. I think we saw from the first whistle the way they fought for every ball, they came into the game wanting it more than we did,” Ndiraya said.

“I thought my team never came to the party today, they were slow in everything, all the second balls particularly in midfield we were giving them away. We lost three points away from home which we did not anticipate.”

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HARARE - Something is certainly amiss with the way Higher Education minister Jonathan Moyo is thumbing his nose at journalists who will be going about their duties.

Like a teaser bull seeking to frighten a more potent opponent, he belligerently kicks dust in all places at the sight of inconvenient questions from members of the Fourth Estate, and still managing to get away with it.

Having been Information minister for many years, Moyo should know better.

A nation gets better informed if journalists are allowed to function with minimal obstructions. But instead of leading by example, Moyo is developing this dangerous habit of posting questions e-mailed to him on his Tweeter account, without even bothering to respond to them or at least acknowledging receipt.

Recently, he did exactly that to one of the Daily News’ journalists, and went further to accuse the media house of being ‘‘Lacoste infiltrated’’, without even caring to substantiate his claims.

We can only presume Moyo was referring to the nonsensical Zanu PF factional fights he is so gripped with, wherefore he is seen leading one of the camps in the party. Not that we care about what Moyo thinks about us! We don’t think Moyo is competent enough to judge anyone given that he is neck-deep into this factional thing, himself. As far as Moyo is concerned, anyone who is not at his beck and call becomes part of his collateral damage.

As for us at the Daily News, what matters for us is our relationship with the broader citizenry, particularly our loyal readers and advertisers who value truth and our brand of journalism which respects fairness, objectivity and telling it like it is.

That Moyo has the audacity to take things from his e-mail straight to his twitter account, which we are made to understand boarders on the illegal, is a sure sign that Moyo hasn’t changed a thing since his second coming.

Given a longer rope, he might relapse into his excesses, which saw him concocting dangerous legislation such as the draconian Access to Information and Protection of Privacy Act, which has caused so much suffering in the media industry.

Moyo’s approach now appears to be that of intimidating journalists to the level where they end up fearing to ask him anything. He often laces his pomposity with absolute vulgarity reminiscent of the misbegotten.

This is a terrible pattern which is developing, where a whole Cabinet minister who should otherwise conduct himself in a dignified manner behaves like a philistine, while avoiding accountability whenever he is asked to explain himself.

It is not surprising that the same minister has been fighting so hard to avoid answering corruption cases at the magistrates’ courts, rushing to the Constitutional Court where the bench has asked him to go back to the lower court. As a matter of fact and principle, the Daily News will never be cowed by Moyo’s antics. We will continue serving our constituency; asking tough questions whether or not they amuse Moyo and his colleagues and holding dear our professional values.

HARARE - Civil society organisations have called for regional solidarity from southern African partners in ensuring that the 2018 elections in Zimbabwe meet the Sadc standards for free and fair elections.

During a session on human rights and elections at the Sadc People’s Summit on August 17, in Johannesburg, South Africa (SA), Zimbabwe Human Rights Association (ZimRights), Election Resource Centre (ERC), Heal Zimbabwe Trust, Crisis Coalition and Zimbabwe Election Support Network (Zesn) supported by Swaziland and Lesotho activists called for protection of democracy and human rights in the region.

SA organisations that have been supporting the agenda of democratisation in Zimbabwe such as the Zimbabwe Solidarity Forum and Action Support Centre have also supported the call for the full implementation of the revised Sadc principles and guidelines governing democratic elections adopted in 2015.

ZimRights chairperson Passmore Nyakureba urged civil society organisations in the region to stand up to their leaders to press the Zimbabwean government for reforms.

“Sadc has no intention of making its members abide by the organ’s principles and guidelines. West Africa and East Africa have progressed, but Sadc has regressed on this issue.

“Zimbabwe is on the verge of another undemocratic election and youth militia have been called back on the government payroll.

“We call upon civil society organisations in various countries to tell your presidents to stand up to protect what they agreed on with regards to the standards of elections.

“Elections in Zimbabwe have always been run on the basis of fear and violence,” Nyakureba said.

ERC Director Tawanda Chimhini said the southern Africa region had problems in complying with the Sadc principles guiding democratic elections.

“In 2015, the Sadc Principles and Guidelines were revised. There is an agreement among member countries that countries must ensure full participation of citizens in electoral processes.

“When it comes to compliance we have a crisis not only in Zimbabwe, but the whole of Sadc. The principles themselves are adequate, but the application is inadequate.

“When the 2013 elections ended in Zimbabwe, the first amendment of laws that came from the authorities was to ensure that the outcome of the next election is predetermined,” said Chimhinhi.

Zesn programmes coordinator Ellen Dingane said the government of Zimbabwe needed to implement the Constitution and to enforce laws against political violence.

“We are talking about zero tolerance to political violence. We have the example of Phillip Machipisa, a Zesn member who was killed for observing elections in 2008.

“We also want to know who will keep the server of the voters’ roll, whether we have back up servers and there must be timeous availing of the voters’ roll,” said Dingane.

Cleto Manjova of Heal Zimbabwe Trust called for an early warning mechanism to preserve peace in the run up to the elections.

“In the event of a violent election in Zimbabwe in 2018, there is need for the region to respond. So there is need for an early warning system in Zimbabwe.

‘Section 3 (3) (1) of the Sadc principles shows that Heads of States agreed that elections should be violence free, but the problem is adherence to the provisions.

“The National Peace and Reconciliation Commission (NPRC) is a vehicle to ensure that there is no recurrence of violence, but we have commissioners appointed but they are not doing anything,” said Manjova.

Crisis Coalition board member Anglistone Sibanda said there were indications that the ruling Zanu PF party is preparing to intimidate people ahead of the elections, adding that perpetrators of past violence still enjoyed impunity.

“The challenge is that people in power have committed genocide and know that if they are not in power they will be susceptible to prosecution. There is violence but nothing is being done because the perpetrators are in power.

“We are seeing soldiers being deployed under the guise of command agriculture.

“We need to pile up pressure for compliance with the Sadc Guidelines,” said Sibanda.

Director of the National Youth Development Trust Liberty Bhebhe said political leaders in Zimbabwe could not be trusted “to count the votes properly” in apparent reference to repeated allegations of rigging of national elections.

”As Zimbabweans we come before you hanging our heads in shame because of what our first lady did here,” added Bhebhe, referring to President Robert Mugabe’s wife, Grace’s alleged assault and injuring of a young model for befriending her sons at a Sandton Hotel in South Africa, which has sparked a diplomatic crisis.

Actors from Savanna Trust of Zimbabwe performed their National Arts Merit Awards (Nama) award-winning human rights play, Liberation at the opening night’s event.

The play lays bare the rampant police brutality, patronage, corruption, social inequality, challenges of democratisation and mistreatment of human rights activists by the Zimbabwean authorities.

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HARARE - Controversail former MDC director general, Toendepi Shonhe, who made headlines recently for predicting a landslide victory for Zanu PF in next year’s general elections, has lost a 1,2 hectare plot over an unspecified debt owed to a local bank.

The property, located in the prime farming area of Goromonzi about 30 kilometres east of Harare, was on Friday put under the hammer at an auction organised by the Sheriff of the High Court.

It was not immediately clear if the property was actually sold, with High Court sheriff, Mcdoff Madhega, saying he was not authorised to speak to the press.

According to a notice published in the Government Gazette on Friday, the sheriff was inviting bidders for the purchase of “a certain piece of land situated in the district of Goromonzi called lot 21 of Rusike Eastate, measuring 1,142 hectare” belonging to Shonhe.

The auction sale, conducted at Harare’s Raylton Sports Club on Friday morning, was meant to raise money to repay a loan to CBZ which Shonhe had failed to service, resulting in the country’s largest financial services provider seeking legal recourse.

The amount of the loan was not stated.

Shonhe, who has now become a full-fledged academic, recently touched off a storm when he released a research paper predicting that his former boss, Morgan Tsvangirai, who leads a coalition of opposition political parties challenging Zanu PF’s political hegemony in next year’s vital general election, would once again lose to the President Robert Mugabe-led ruling party.

“There appears to be somewhat growing consensus that a grand coalition is the ultimate answer to the complex and regressive challenges in Zimbabwe. This article posits that the proponents of the grand coalition may somehow be both simplistic and green in exaggerating the usefulness of this solo tactic,” Shonhe said in the paper, which inevitably attracted brickbats from his former MDC colleagues.

Interestingly, relations between Shonhe and his former employer soured after he was sacked from his job along with 17 others in 2014 when they took sides with former party secretary general, Tendai Biti, following his much-publicised fallout with Tsvangirai.

The workers then took the party to court, wanting to be reinstated, or alternatively be given a severance package collectively amounting to $200 000.

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HARARE - A daring Mbare couple has left a Kuwadzana man heart-broken and ruined after they connived to fake being brother and sister before luring him to fall in love with the supposed sister.

The Harare man went on to pay lobola amounting to $3 000 after a year of dating while the supposed brother, who was in fact the husband, presided over the marriage process.

The couple who fled with the lobola and other benefits accrued from their sham activities appeared before Harare magistrate Victoria Mashamba facing charges of fraud.

Brain Nhkhatazo Mathe, 30, and Lydia Mathe, 22, were denied bail when they appeared before Harare magistrate Mashamba facing charges of fraud.

It is the State’s case that sometime in February 2016 the Mbare pair hatched a plan to steal from the complainant, Nyakanyaka Msipani of Kuwadzana.

The wife, using the alias Stephenie Pullen, is said to have opened a Facebook account which she used to lure the complainant to fall in love with her.

“The accused person later met with the complainant. Accused number two (Pullen) then introduced accused number one (Mathe) as her brother,” said prosecutor Audrey Chogumai.

“The complainant was told by the accused that their parents had passed on some years back and only her brother who is accused number one could stand in the position of the in-laws.”

The complainant is said to have then proceeded to pay lobola amounting to $3 000 to the said brother through a bank transfer in March 2017 with Mathe presiding over the marriage process.

Mathe promised to escort his wife to her new husband after a week, the court heard.

“After two weeks of waiting the complainant’s wife did not show up and instead he received a phone call advising him that his wife had fallen ill and was in urgent need of medical attention,” Chogumai said.

The court further heard that the complainant subsequently sent his ATM card with his pin number with his instructions to withdraw $100 only but the accused went to withdraw $589.

It is further alleged that the accused were said to have then requested for groceries from the complainant who obliged but was to regret it as the accused “disappeared” with the complainant’s ATM card which had a balance of $440.

“The accused person then switched off their cellphones which they had used to communicate with the complainant,” Chogumai said.

“The complainant later came across Mathe in Harare central business district and he ran away from him and that is when he realised that he had been defrauded ...”

He later made a police report leading to the duo’s arrest.

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HARARE - The two-year-old feud between Cimas Medical Aid Society (Cimas) and Corporate 24 Hospital Group (Corporate 24) is raging on with the former in the eye of a storm from its members after using $46 000 to conduct an investigation to recover $35 000, which they said was wrongfully claimed by the hospital, court documents show.

In a High Court application in possession of the Daily News, Cimas is demanding $35 398 which it said was fraudulently claimed by Corporate 24 and a further $46 556, 55, which it claims was paid for the conducting of a second forensic audit which reportedly unearthed the anomaly.

The two entities’ eight-year relationship became troubled after Cimas started demanding its customers to pay cash upfront whenever they get treatment at Corporate 24.

This move, according to Mike Joka, the chief executive officer of the hospital group, prejudiced Corporate 24 of $2, 5 million during the time that it was under the embargo, over and above the $500 000 plus that it claims to be owed by Cimas in unpaid claims.

Since 2015, the case has been going back and forth, resulting in Corporate 24 reporting Cimas to the regulator, the Permanent Secretary in the Health ministry Gerald Gwinji for unfair and unlawful practices.

This exercise, however, failed to yield any meaningful results, with Cimas reportedly unilaterally hand picking an internal auditor Grant and Thornton against the regulator’s advice, which has created the current impasse, where the costs and fairness of the exercise is at the centre stage.

As the war raged on between the parties on the correct position pertaining to the funds owed from both end, Corporate 24 eventually agreed to participate in a forensic audit.

“Plaintiff had to engage the necessary services of forensic auditors at a cost of $46 556, 55 to determine, quantify, verify document and establish the extent of its loss to the defendant’s fraudulent activities…

“Defendant is liable to plaintiff for the amount of $46 556, 55 spent on the investigative exercise described above,” the court heard.

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HARARE - Harare City Council (HCC) is proposing a $300 000 underground bin project as a way of improving the face of the city following poor refuse collection.

According to director of works Phillip Pfukwa, council would enter into a deal with local company Probin for the project.

Pfukwa said Probin had already installed a prototype underground bin along Jason Moyo, with plans to roll out more once the Memorandum of Agreement has been set.

“The total cost of the bin and installation was $400 per unit and the proposal was to install 1 800 bins in the Central Business District.

“The whole project would cost $328 000 and Probin said they had the capacity to install more bins if needed,” Pfukwa said.

The director of works said the project with Probin is proposed to last for five years, with the contractor in charge of maintaining the equipment, while council will empty the bins when the need arises.

He said plans were also underway to have Probin develop a prototype underground skip bin, once the locations and production modalities had been agreed upon.

HCC has 47 refuse collection trucks that service each of Harare’s wards, however, only 10 are currently in working condition leaving residents to deal with their own garbage.

In most residential suburbs and some parts of the city centre, mounds of garbage are being set alight to reduce the heaps.

Last year, mayor Bernard Manyenyeni lamented how the city had gone for four weeks without collecting garbage due to lack of fuel.

Manyenyeni said until council ignored unimportant issues such as paying overtime allowances, service delivery would continue to suffer.

“If we don’t fix things right, we will have diseases. People need to wake up to the reality that our priorities are not aligned,” Manyenyeni said.

The Environmental Management Agency (Ema) said each local authority is encouraged to make and develop a system that is in line with their waste scenario and available stakeholders.

Ema said the waste management programme should provide mechanisms, systems and procedures for giving effect to every stakeholder’s obligations in terms of legal frameworks, local people’s norms and standards of proper waste management.

“Most cities, towns and growth points are characterised by litter and illegal solid waste dumps on street corners and along sanitary lanes. According to Practical Action Southern Africa (2006), more than 2,5 million tonnes of household and industrial waste are produced per annum in urban areas across Zimbabwe,” Ema said.

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JOHANNESBURG - A waitress suffered a miscarriage after she was pushed by Robert Mugabe Jnr as he fled his mother Grace Mugabe’s violent attacks at a Sandton Hotel last week.

The waitress at Capitol 20 West was delivering food on that floor of the Sandton Hotel when Robert pushed her out of the way and she fell to the ground.

She was subsequently rushed to the hospital where she later lost her baby. A Hotel employee confirmed the incident.

“She was not hit by Grace. It was Robert Jnr who pushed her out of the way as he ran away from his mother. Grace did hit staff members…She was hitting everyone — her sons, their friends, the girls and staff members”.

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HARARE - Zimbabwe's hospitals are failing to conduct forensic pathology examinations as there are no gas chromatograph machines to conduct the processes which are used to ascertain the cause of death of individuals and assist in solving crime.

Health deputy minister Aldrin Musiiwa said government had already placed an order for one gas chromatograph which will be used by the pathology department under the Health ministry.

The revelations were made during the National Assembly question and answer session recently after MDC legislator for Harare West Jessie Majome asked the Health minister how the sector was operating without a gas chromatograph machine.

Majome asked when the ministry would replace the one and only machine which packed up in 2004, in view of the fact that this is affecting forensic pathology in public hospitals.

“What then is government doing for the needs of forensic pathology, when, as he said the only gas chromatograph machine is being used for food and nutrition and he did say they are buying one.

“In the meantime, what is happening to forensic pathology?

“What is the government doing with samples that require to be tested by a gas chromatograph machine and also, have they budgeted and when are they going to buy this one for forensic pathology?” Majome asked.

Musiiwa said the one donated machine in the country was being used for food science only.

“Currently, we have one gas chromatograph machine that is installed at the government analyst laboratory.

“However, this one was purchased by partners and it is mainly being used by the food sciences.

“For this reason, the procurement of reagents for the toxicology tests (checks for drugs or other chemicals in your blood, urine, or saliva) that are needed for forensic pathology examinations is a problem,” Musiiwa said in the National Assembly recently.

“We have as a ministry, under the department of pathology, on order one gas chromatograph for the exclusive use of the forensics.”

Forensic pathology is pathology that focuses on determining the cause of death by examining a corpse. Forensics are scientific tests or techniques used in connection with the detection of crime.

“We have one gas chromatograph machine that is installed with the analyst laboratory, this basically is a backup for the government analyst laboratory.

“So, this is the one that the forensic pathologists are using.

“However, because it does not belong to the pathology department, we have put on order a machine specifically for that department, it is on order,” Musiiwa said. 

“It has gone through tender and a purchase order has already been given.

“I would want to assure the House within the next month or so, we should have the machine installed with the laboratory.”

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