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Makandiwa, wife want accuser jailed

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HARARE - United Family International Church (UFIC) leader Emmanuel Makandiwa and his wife Ruth have turned the tables against a business couple demanding $6,5 million from them for allegedly making false prophesies.

The couple filed an application in the High Court last week, challenging Blessing and Upenyu Mashangwa’s claims, saying the couple’s demands were based on falsehoods, are frivolous, vexatious and an abuse of the court process.

I court papers filed by their lawyer, Lewis Uriri, the UFIC founders also want the Mashangwas jailed on contempt of court charges.

They are also seeking the court to disallow proceedings in the main application, where the Mashangwas are making six claims in their demand for $6,5 million.

“The contemptuous and deliberate pleading of falsehoods in this case is so brazen that it calls for a citation to be served at the instance of the court upon each of the respondents to personally appear before a judge of this court and show cause why each of them should not be held to be in contempt of court and committed therefore,” reads part of the application filed in terms of Order 11 Rule 75 of the High Court Rules.

“This should serve as a deterrent to busy-bodies keen on the deliberate plea of falsehoods known to be such for reasons unconnected to the pursuit of justice in the conventional sense. The court is not a circus. It has no room for jesters and busy-bodies who utilise its process for their own amusement and grandstanding. The litany of litigation involving the respondents in this court as exhibited herein, and as shall further be related to in heads of argument by reference to the court’s records demonstrates conclusively that the respondents are busy-bodies that take this honourable court for a playhouse,” Makandiwa said.

The Mashangwas claimed in court papers that they lost their property after they had ignored a

$500 000 debt they had with a local financial institution after receiving a prophecy from Makandiwa to the effect that there was going to be a miraculous debt cancellation.

Makandiwa is, however, arguing that it was “ridiculous and unworthy” to conclude that the Mashangwas acted on a representation that was made in respect of the debt they owed.

He said the property in question was owned and remain owned by Carmeco Investments (Private) Limited.

“Deed of Transfer number 10763/02 dated September 24, 2002 shows that the said property was never attached in execution as alleged by the plaintiffs. There is no endorsement of the alleged attachment on the face of the deed. The respondents are challenged to provide copies of the alleged judgment, notice of attachment and record of the alleged sale in execution on oath,” he said, adding that the Mashangwas were never misrepresented to in the manner alleged in court papers.

He argued that all the six claims lacked merit and must not be entertained by the court on that basis.

“The court is thus invited to protect itself from an abuse and contempt of its process as well as to protect the applicants from obvious harassment, abuse and annoyance at the hands of the respondents. I am advised and believe that the summary remedies of the common law and the rules of court are meant to precisely achieve this purpose.

“We make the present application on the grounds that the action is not only both frivolous and vexatious, but also a self-evident gross and contemptuous abuse of the process of this court,” Makandiwa said in an affidavit.

He further said the six claims by the Mashangwas, who are the owners of Oceane Perfumes, are founded on falsehoods.

“The principal case must accordingly be summarily dismissed pursuant to rule 75 (1) aforesaid. The logical summation and consequences of the facts pleaded is that the principal case is not deserving of serious consideration as no reasonable person can ever hope to obtain relief there from. It suffers from predictable failure and was filed solely for the purposes of grandstanding and annoying us,” he said.

The Mashangwas have not yet responded to the application.

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Heat on govt over Mpofu

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HARARE - Nearly a month after receiving a dossier on former Mines and Mining Development minister Obert Mpofu’s purported corruption, the Zimbabwe Anti-Corruption Commission (Zacc) is ducking and diving on the issue, bringing into question its commitment in tackling bigwigs who are part of the governing administration.

Last month, Core Mining and Minerals (Private) Limited director Lovemore Kurotwi wrote a stinging letter to the anti-graft body, demanding prompt investigations into the Home Affairs minister’s conduct when he was in charge of the Mines portfolio between 2009 and 2013.

Kurotwi alleges that Mpofu, who as Home Affairs minister is now in charge of the police, demanded a $10 million bribe from him to license Core Mining and Minerals to mine in the controversial Chiadzwa diamond fields.

In the letter, copied to President Emmerson Mnangagwa and Finance and Economic Development minister Patrick Chinamasa, Kurotwi pleaded with the commission to bring the 66-year-old politician to justice.

He wrote that Mpofu must be investigated “over known corruption which he committed but which now seems to be swept under the carpet either for reasons of ignorance of the said corruption by the relevant authorities or reasons of impunity or both”.

The Daily News which was the first to report on Kurotwi’s letter can report that Zacc is dithering on the matter, nearly a month after receiving the dossier.

While Zacc officials are tight-lipped about the report, insiders who spoke on condition of anonymity said the investigations were scuppered by a verbal directive from one of the commissioners (name supplied), who ordered his colleagues to be “politically savvy”, lest they would be labelled remnants of the Generation 40 (G40) faction.

G40 fought a bitter war against the rival Team Lacoste faction over former president Robert Mugabe’s succession.

The faction almost came close to enthroning Mugabe’s wife, Grace, as successor but was prevented from doing so by the army, through a soft military coup of November last year, which ousted the 94-year-old despot from power.

Ever since, several G40 aligned functionaries, among them Walter Mzembi, Samuel Undenge and Ignatius Chombo have been arrested by Zacc on a litany of graft charges and arraigned before the courts.

A number of G40 kingpins, among them former Higher and Tertiary Education minister Jonathan Moyo and Saviour Kasukuwere — who was head of the Local Government ministry — have also gone into self-imposed exile.

Insiders at Zacc told the Daily News that the named commissioner alleged the instruction was coming from a “high office” and applied to a number of senior individuals, among them Mpofu and Supa Mandiwanzira, the minister of Information Communication Technology.

Mandiwanzira was alleged to have been involved in corrupt deals at NetOne, the State-owned mobile cellular operator.

Former NetOne chief executive officer Reward Kangai has since written to Zacc, claiming Mandiwanzira engaged a South African firm for consultation services without going to tender in terms of the standard procedure.

He said he was shocked to receive an invoice for $4 million which he claimed neither he nor other board members knew about.

The purported “instruction” was reportedly heavily protested against by some commissioners, who are also accusing the named commissioner of compromising investigations by divulging some of the names of people under investigations before they are arrested.

For the past two weeks, attempts by the Daily News to check on progress on the matter drew blanks from Zacc.

This is despite the fact that the commission has previously been quick to respond to questions on other investigations on individuals not considered to be in good books with the current administration of President Emmerson Mnangagwa.

Zacc spokesperson Phyllis Chikundura did not respond to questions sent to her via e-mail nearly a fortnight ago pertaining to the issue, while the commission’s head of investigations, Goodson Nguni, was not reachable.

During a discussion forum organised by the Mass Public Opinion Institute on Thursday last week titled The New Government’s Corruption Fight Good Governance and Selective Application of the Law, Zacc secretary Silence Pondo was evasive on the matter.

Several participants questioned why Zacc was not taking action against Mpofu and Mandiwanzira, despite concerns raised by members of the public over the way they handled certain deals.

“From my analysis, there are so many concerns about ... Mpofu and ... Mandiwanzira. We have taken note of that as Zacc, thank you very much,” is all Pondo could say.

He also declined to respond to questions pertaining to former first lady Grace Mugabe’s degree, which has resulted in the arrest of University of Zimbabwe (UZ) vice chancellor Levi Nyagura. An investigation has also been launched against UZ lecturer and former Sociology department chairperson, Claude Mararike.

Asked if they were going to arrest Grace, considering she was the recipient of the degree, Pondo said, “What I know is that Zacc received a report about those we arrested and it’s under investigations. It’s a case which is under contestation; we cannot tell you now that we are going to arrest this and that (individual). It’s a case under investigation and some of the people have already appeared before the courts.”

In the Kurotwi case, the businessman said the background to the corruption was when Core Mining and Minerals was given a concession to mine diamonds at Chiadzwa.

He alleges that before the concession was given, “Mpofu asked me for a bribe of $10 million”.

Kurotwi had proceeded to take up the issue with then president, Mugabe, in Mpofu’s presence “in a meeting called by…Mugabe to understand what was construed as acrimony between myself and…Mpofu.”

“When I refused to give…Mpofu the $10 million bribe and after I reported to…Mugabe…Mpofu used his position of privilege to have me arrested on frivolous charges of fraud,” he alleged.

While Zacc continues to dither on the matter, Parliament is leaving no stone unturned in its search for truth.

Mpofu appeared before the Parliamentary Portfolio Committee on Mines and Energy last week, where he arrogantly refused to answer to questions posed by the committee chaired by Norton Constituency independent legislator, Temba Mliswa.

Mpofu said he was not going to answer any of the questions asked as long as Mliswa was chairing the committee.

He alleged the Norton Member of Parliament had once visited his house 600 kilometres away from Harare in the dead of the night to discuss issues pertaining to the same reasons he had been dragged before the committee.

“For as long as he is sitting in front of me, presiding over this issue, I will not cooperate. You are even refusing me a chance to say what he had come to do at my house. With respect to honourable members, I will never, never be presided over by ... Mliswa for what has happened and you should allow me to express myself.

“I am not going to talk, I have submitted myself to you and I will not talk about this issue. You are trying to convince me, no matter what you say, I will never say anything, you don’t know me …,” he said.

The anti-graft body has, however, previously exonerated Mpofu and Mandiwanzira claiming there is no sufficient evidence to nail the duo.

Many claim that even though the Mnangagwa-led government is trying to fight corruption, its actions are insincere due to allegations of selectively applying the law and arresting only those that were linked to Zanu PF’s G40 faction, while leaving some alleged big criminals.

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RTG rights issue partially subscribed

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HARARE - The Rainbow Tourism Group’s $22,5 million rights issue has been partially subscribed amid indications that the National Social Security Authority (Nssa) will increase its shareholding in the listed hotel group.

Nssa currently holds over 60 percent shareholding in RTG.
RTG company secretary Napoleon Mtukwa yesterday said the group’s rights offer netted $12,7 million, which is 56,52 percent subscription rate resulting in the underwriter — Nssa — chipping in with $9,8 million.

“The rights offer shares and debentures will be issued and listed on the Zimbabwe Stock Exchange with effect from February 26, 2018,” he said.

The hotel group will now proceed to use the capital raised from the rights issue and the debenture will go towards servicing some of the group’s “legacy debt”, which has been weighing down the group’s financial performance for years.

The latest development comes at a time when the listed hospitality group is eyeing a return to profitability in the current financial year after repaying legacy debts to international financiers amounting to over $10 million.

RTG — which has been in a streamlining and restructuring drive since 2012 reducing annual staff costs by $3 million — is also consolidating local operations after exiting from its local and regional loss-making operations.

The group recently exited from its operations in Beitbridge and Mozambique operations due to low occupancy levels and a depressed market caused by political instability in the northern part of Mozambique as well as unsustainable translation risk.

Last month, RTG chief executive Tendai Madziwanyika said the capital raised would enable the company to have a better rating on the market.

“We are very excited about it because the fact that shareholders have resolved to essentially restructure the balance sheet of the organisation, which has put closure to a lot of these old debts and a lot of them emanating from the pre-dollarisation era. So we struggled over the years to pay as much as we could,” he said at the company extraordinary general meeting in Harare.

“Earlier on, we said the debt was about $42 million after this restructuring, the debt is now at $22 million, which is much better. It leaves our gearing ratio at about 35 percent and that is very important going to the future. It allows us to have a better rating and be able to exploit opportunities that are available in the market.” — The Financial Gazette


 

Tsvangirai's widow speaks out

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HARARE - The wife of the late opposition MDC leader Morgan Tsvangirai is being accused by her late husband’s family of kicking out the former prime minister’s children from the couple’s Highlands mansion, an allegation she strenuously denied yesterday.

Read full story in today's paper.

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Mpofu's behaviour erodes trust in ED's govt

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HARARE - People talking without speaking, People hearing without listening!

I found the above, which I read from the weekly e-mail bulletin shared with thousands of people by Kubatana.net.

The statement is full of irony but very rich when deducted from a non-emotional point of view.

I have found this statement to be quite timely as it mirrors the current mood in Zimbabwe today where the general populace is struggling to pass a verdict on President Emmerson Mnangagwa and his government.

Mnangagwa has many people believing that he has what it takes to reconstruct this country from the ruins created by former president Robert Mugabe.

Equally there are many who are beginning to doubt that Mnangagwa and his administration are different from Mugabe.

Mnangagwa needs both sides — those believing in him and those who are beginning to doubt him — because losing either side spells problems especially as we approach elections.

Those believing that Mnangagwa looks the part to move Zimbabwe forward point to the serious statements he has made in the last two-and-half months which, in my view, tick the right boxes.

But these were statements of intent not the action itself!

Now those that doubt him are pointing to the lack of action or implementation on his statements — including perceived failure to throw the book at people around him who are accused of acquiring ill-gotten wealth and lacking the stamina to take Zimbabwe forward.

Mnangagwa has said he is happy to be told of his mistakes and correct them as he goes along rather than be given time to be judged.

One of the mistakes that ED has made, at least in the eyes of ordinary Zimbabweans, is the failure to act decisively on ministers and those who claim to be his cohorts whose conduct in public desecrate the standing of the president apart from militating against that which he is set to achieve as Mugabe’s successor.

Take, for instance, Thursday’s unprecedented attack on Parliament by Home Affairs minister Obert Mpofu, whose amazing tantrum against Mines and Energy committee chairperson Temba Mliswa, served to expose his disdain for such hallowed institutions which he is supposed to be accountable to. As former Mines minister Mpofu had been summoned to Parliament to explain the missing $15 billion revenue from the gem-rich Chiadzwa diamonds fields.

This was by no means suggesting that he is a thief or was culpable.

“I am not the minister of Mines and I don’t know which precedence has been set where former ministers are subjected to questioning on issues to do with ministries that they have already left. I have no mandate to speak about the ministry of Mines.

“For as long as he is sitting in front of me, presiding over this issue, I will not co-operate.  You are even refusing me a chance to say what he had come to do at my house. With respect to honourable members, I will never, never be presided over by Mr Mliswa for what has happened and you should allow me to express myself.

“I am not going to talk. I have submitted myself to you and I will not talk about this issue ... no matter what you say, I will never say anything ... you don’t know me …” Mpofu thundered.

For such as seasoned politician to behave in such a manner, at a time his principal has promised to go to the ends of the earth to deal with corruption, Mpofu’s conduct is best interpreted as showing little regard  for Parliament, accountability and feelings for the ordinary folk. In fact it is fair to say Mpofu’s conduct towards the august House suggests someone who calculated the risk of behaving like that and was satisfied that nothing would happen to him.

Sadly Mpofu missed the opportunity to help bring closure to the $15 billion issue as well as removing all bad tags that had been attached to him by preferring to attack Mliswa and the procedure the committee used in inviting him to Parliament.

Instead, his behaviour will, in all likelihood, cement the public’s views and attitude towards his tenure as Mines minister.

Damagingly, Mpofu’s behaviour erodes public trust in Mnangagwa’s administration and again, increases the number of those who are beginning to doubt him.

Fortunately for Mnangagwa and Parliament there are many instruments available to deal with behaviour such as Mpofu’s.

But the question is will action be taken?

Ex-Zifa official hits back

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HARARE - Ex-Zifa accountant Fabion Vanganayi has renewed his fight against the association insisting he did not apologise to the football governing body’s leadership for misdemeanours levelled against him.

However, Zifa maintained that Vanganayi was vacillating and did not deserve to be taken seriously.

The deposed Zifa accountant told the Daily News that he had not apologised — claiming that senior figures at the mother body were desperate to smear him — as part of clinging onto their leadership positions.

Acting Zifa president Omega Sibanda produced 33 WhatsApp message exchanges with Vanganayi to support his claim that he was not to be trusted.

“We don’t need such people in football, he’s out to destroy Zifa and he’s not the right person to comment on every football matter. If he’s man enough he should just apologise and shut up, his apology to me is enough for the whole nation.

“He must respect the president of the country who has always said people should not abuse the social media, he must respect the Zifa leadership and every citizen of Zimbabwe. He wants to mislead the people, he wants to mislead our valuable sponsors and he wants to create confusion which is not there,” Sibanda told the Daily News.

Vanganayi said the alleged chats, were nothing but a futile attempt to blackmail him and discredit his war against the leadership.

“You see I was once very close to (Omega) Sibanda when I was at Zifa and everyone knew about that. We maintained that relationship when I left Zifa until I realised he was dishonest and using me.

“He would call and expect me to chat with him on WhatsApp. That’s why I said earlier that every communication has a beginning,” Vanganayi told the Daily News yesterday.

Zifa president Philip Chiyangwa, however, recused himself on the issue referring all correspondence to Sibanda, the acting president.

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Jah Prayzah 'dethrones' Macheso

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HARARE - Jah Prayzah has literally “dethroned” sungura kingpin Alick Macheso as the new brand ambassador of Nash Paints, a development which confirms the Jerusarema hit maker’s growing fame.

Of late, Nash Paints — one of fastest growing local paint companies in the country — has been using Jah Prayzah as the new face of its campaigns, fuelling reports the company is no longer working with Macheso.

Macheso signed a $10 000 deal when he was unveiled as Nash Paints’ brand ambassador in 2014. 

By the time he inked the deal, the paint company was still in its infant stages and with the help of Macheso’s popularity and influence, the Nash Paints brand grew from strength to strength.

Tinashe Mutarisi, Nash Paints founder, told the Daily News the contract between his organisation and the Tafadzwa hit maker lapsed last year in December. 

“The contract we had signed with Macheso ended last year. At the moment we have no brand ambassador and we have no plans to renew his contract or appoint another brand ambassador anytime soon.

“In fact, we are now channelling our resources towards corporate social responsibilities than paying brand ambassadors. We are getting the same mileage through corporate social responsibility and at the same time we are helping people in need than wasting money on brand ambassadors,” Mutarisi said.

Mutarisi described Jah Prayzah as a personal friend.

“We come from afar with Jah Prayzah. He is a personal friend. At one point in history he did an advert in form of a jingle for our organisation and that was prior to Macheso deal.

“However, we are still in good books with Macheso...,” he said.

Macheso’s publicist Tichaona Makahamadze also confirmed the development.

“The deal with Nash Paints collapsed way back,” Makahamadze said.

Jah Prayzah’s manager Keen Mushapaidze said they are in a non-commercial relationship with Mutarisi’s company.

“Mutarisi is more of a brother to us. He helped us a lot and the relationship is reciprocal, when he needs our assistance we simply chip in if it is possible and we do not charge him,” Mushapaidze said.

Of late, Nash Paints painted Jah Prayzah’s Harare offices, giving it a facelift.

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Businessman Rwodzi divorces

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HARARE - Renowned chartered account and businessman Farai Rwodzi’s wife — Lorah Madiwa — has filed for divorce at the High court citing irreconcilable differences between the two.

Rwodzi has been married to Lorah for nearly 27 years.

Lorah accuses Rwodzi of having a relationship with another woman and wants out.

“The marriage between the plaintiff (Lorah) and defendant (Rwodzi) has irretrievably broken down because of one of the following reasons: defendant has since been associating improperly with another woman, conduct which is incompatible with the love, comfort and society plaintiff is entitled to get from the defendant.

“Defendant has not generally treated plaintiff with love and affection. As a consequence of defendant’s conduct, the plaintiff has lost all love and affection for him, with no hope of resumption of a normal husband and wife relationship,” Lorah said in the summons which is yet to be served on the Harare businessman.

She has made demands for a share of a number of properties she listed as having been acquired during the subsistence of their marriage.

The properties include holiday homes and a farm in Mashonaland East province.

“On a proper consideration of the parties’ direct and indirect contributions to the acquisition, maintenance and day to day administration of the immovable properties, it would be just and equitable in terms of Section 7 (1) of the Matrimonial Causes Act (Chapter 5:13), if the immovable properties were shared between the parties as follows:

“Number 85 Luna Road, Umwinsidale, Harare be declared to be the sole property of the plaintiff and that the defendant himself or through Eaves Properties (Private) Limited, sign and execute all such papers or deeds necessary to pass ownership to the plaintiff.

“Alternatively, the property be sold at best advantage on the open market and the parties share the proceeds thereof equally,” Lorah said.

She further demanded maintenance for their children, school fees and uniforms among other items.

“General maintenance in the sum of $6 780 per month until the youngest of the children becomes self-sufficient,” she said, adding that she needed $3 730 per month as post-divorce maintenance until she died or remarried.

“Alternative to the above, it would be just and equitable if the defendant was ordered to pay the plaintiff the lump sum of $350 000 as once off post-divorce maintenance payment to enable the plaintiff to maintain herself and start a business venture,” she added.

The amount demanded for the children include $200 for wifi, $1 100 for maids, $600 for security guards, $400 for counselling, $50 for pool chemicals, $300 pocket money, $1 000 for groceries and $160 for one of the children’s violin, among other issues.

On her party, the money she is demanding is constituted as follows: $500 for fuel, $200 for personal development and wellness, $200 for facials and beauty treatments, $1 000 personal allowance, $240 for counselling, $150 for hair, $300 for clothes, shoes and personal effects.

Rwodzi is still to respond to the summons.

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Police must serve and protect

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HARARE - Trigger-happy Zimbabwe Republic Police (ZRP) officers should at all costs desist from using live bullets when controlling large crowds and enforcing the law on suspects.

It is very sad that barely a week after two innocent citizens fending for their families were shot dead, now emerges a leaked ZRP memorandum on February 19 addressed to the officer commanding Masvingo Province, Martha Mafolo detailing the shooting to death of a suspected turkey thief.

What is it with our police force that whenever they are investigating suspected crime or when they are asked to bring order, they provoke people and end up firing live bullets?

There wouldn’t be an outcry if our cops shoot or exchange gun fire with armed robbers. No, infact they would be saluted for the acts of bravery and ridding our society of malcontents.

The police must serve and protect and it thus defies logic when officers go on to exhibit blatant and excessive heavy-handedness against the very same people they are supposed to protect.

It may therefore not be far from reality for one to think our police officers feel starved from using guns hence the overexcitement to just pull the trigger even when faced with people holding stones!

Very few Zimbabweans own guns unlike in other countries where gun violence is the order of the day.

Zimbabwe has the most peaceful people who do not want violence, moreover, they are never armed as compared to other nationalities in the region.

Police in South Africa use live bullets when it is really necessary and usually when dealing with armed robbers.

Last week, five of their officers and a soldier were shot dead by armed robbers during a raid on one of their stations in the Eastern Cape province.

ZRP needs complete overhaul and retraining especially on crowd control.

Many people have lost their lives because of the force’s ignorance and more importantly its gross incompetence.

ZRP should remember that citizens are at the heart of their operations.

The November 18, 2017 protests proved Zimbabweans are capable of engaging in peaceful demonstrations without the presence of the police whose policing methods and conduct always seem to trigger violence and confrontation.

Zimbabweans for the first time were allowed to exercise their constitutional right to demonstrate and petition without police interference and it was peaceful .

ZRP needs to swap provocative and heavy-handed tactics in maintaining law and order with peaceful and non-violent engagements with the public and even suspects who most of the time are unarmed.

ZRP needs to swallow their pride and learn from countries such as South Africa on crowd control and other policing methods otherwise we will continue to lose lives unnecessarily at their hands.

Police force reform long overdue

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HARARE - One of the core functions of any national police force is to maintain law and order. In discharging that important responsibility, there must be a presumption of innocence when a crime is perceived to have been committed until the suspect is proven guilty by a competent court.

Somehow, our police are getting this twisted.

Recent events suggest that there could be an unwritten rule informing the operations of our law enforcement agents whereby the police are using live ammunition to deal with suspects.

Last week, two vendors were killed in central Harare following clashes between kombi operators and members of the Zimbabwe Republic Police (ZRP) over a council directive prohibiting commuter omnibus operators from dropping and picking up passengers in the Central Business District.

Just as well, the outrage that followed the implementation of this directive by the city fathers forced Local Government minister, July Moyo, to reverse the ban. But not before precious lives had been lost.

In another incident, a man from Bikita in Masvingo Province suspected of have stolen nine turkeys from fellow villagers was also shot and killed last week.

These two incidents come barely a month after the new administration of President Emmerson Mnangagwa had made major changes in the police force, including retiring long serving commissioner-general, Augustine Chihuri, under whose stewardship the ZRP sank to its lowest depths. While the new police chief, Godwin Matanga, has since admitted that the police had gone wayward and promised to repair the ZRP’s soiled image, the horrific killings of vendors and a suspected thief in Bikita show that it is easier said than done.

The level of unprofessionalism being exhibited by some within the force indicates that there is urgent need for retraining to reorient those who are out of step with what is expected of them under the new dispensation.

The country cannot afford losing lives willy-nilly at the hands of trigger-happy police officers when more humane methods of policing could have sufficed, saved lives and bring about justice. Although Matanga has apologised for the deaths of the two vendors in Harare, many people are still not convinced why the police did not use rubber bullets to quell the demonstrations?

These unfortunate incidents have the effect of tarnishing the country’s image at a time when so much work is being directed towards repairing the damage caused by the previous administration of Robert Mugabe.

It would be unfair though to judge Matanga using these two isolated incidents but it is quite obvious that reforming the police is going to take much more than public apologies and statements of good intent.

 

SOUTHERN NEWS | Khupe must be disciplined: Cross

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BULAWAYO - Outspoken MDC legislator Eddie Cross has warned that the party’s vice president Thokozani Khupe is likely to face disciplinary action if she continues to oppose Nelson Chamisa, who was recently endorsed as the party’s acting president.

Khupe is at loggerheads with pro-Chamisa officials in the MDC over the opposition party’s leadership, and has since declared that she will not recognise his ascendency to power, declaring herself the acting president by virtue of being the only elected vice president unlike Chamisa and his counterpart Elias Mudzuri, who were both appointed by the late Morgan Tsvangirai.

Cross — also MDC policy coordinator general — told Southern News that it was clear Khupe was fighting a losing battle, hence she needed to reform for the purposes of unity in the party.

“The support for Chamisa is overwhelming,” he said.

“That is over. If Khupe persists she may be disciplined or lose her membership. All other leaders have accepted the inevitable,” Cross said.

The Bulawayo South MP dismissed the notion that the current leadership squabbles in the party will have an effect on the electorate come election time.

“It only affects the standing committee, at the grass roots there is almost complete support,” he said.

Cross also dismissed another widely held belief that Khupe was influential in the Matabeleland region, hence there was need to treat her issue with care.

“That is nonsense — she (Khupe) is delusional,” Cross curtly said.

Turning to the forthcoming election, Cross said President Emmerson Mnangagwa will face a tough election opponent in the name of Chamisa.

He said Mnangagwa has to fulfil his promises he made to the people upon his inauguration or risk facing a humiliating defeat.

“I think ED (Mnangagwa) has a real battle on his hands and will struggle against Chamisa. An upset is very possible especially if ED is unable to deliver.”

Cross has a reputation of being open-minded and forthright, which has earned him friends and foes alike.

Last year, he escaped disciplinary action by a whisker after he openly spoke about Tsvangirai’s health, which conservative members of the MDC felt was too intrusive.

Efforts to get Khupe’s comment were unsuccessful as her personal assistant, Witness Dube, did not respond to messages.

 


Donkey abattoir: An investment that never was

LAST October, the news of a donkey abattoir opening here sent tongues wagging and elicited mixed feelings from a cross-section of society.

It sounded bizarre to Zimbabweans, to whom donkey meat is taboo and could never make it to the plate.

While a few seemed to support the idea, many, including animal welfare groups and culturists, were fiercely against it.

It’s unheard of, they argued.

Two major fears were outstanding from those who frowned against the idea — the possibility of donkey meat permeating into local butcheries and the likelihood of an increase in donkey thefts.

So deafening was the noise in reaction to the initiative.

Not only did it attract the attention of politicians but the international community too.

But four months down the line, the noise and the anxiety about the donkey slaughtering business — spearheaded by Battlefront Investments located in Manningdale in Umguza district — seems to have died down.

Not many are still talking about the matter on the streets of Bulawayo, as had become the case during the days when the news broke out.

The government and other concerned stakeholders have apparently stalled work at the much-publicised abattoir.

Since the abattoir was built, the owner, Gareth Lumsden, has bought a number of donkeys, on stand-by for slaughter as soon as a licence was secured.

The donkeys had reportedly been bought from surrounding areas of Tsholotsho, Nkayi and Kezi, among others.

Last December, the department of Livestock and Veterinary Services (DLVS) made the announcement that the Zimbabwe National Society for the Prevention of Cruelty to Animals (SPCA) said it had put down over 10 donkeys that were facing the guillotine at the facility.

Bulawayo SPCA veterinary surgeon Anele Dube noted that the donkeys, which were being kept at a feedlot at Manningdale, were killed after the animal welfare organisation realised they were in a bad health state.

This followed a visit by the SPCA and Veterinarians for Animal Welfare Zimbabwe (VAWZ) officials who recommended that the animals be euthanised.

After visiting the abattoir this week, Southern News witnessed a sorry sight of the project that seemed abandoned.

Hopeless as it might have looked, the project owner, however, remains confident that things will turn around.

But if anything, he admits that politics have dealt a major blow to his project.

“It’s all political,” says Lumsden, as he refuses to grant this paper an interview.

“There are too many parties involved. But for now, I will reserve my comments. I will speak at the right time. I will call you guys for a press conference at the right time,” he said grudgingly.

From the short conversation, it could be sensed that Lumsden is a man who now has developed a strong mistrust of journalists following reportage about him and his project.

It was clear he blames the media for having a hand in suffocating his dream. A successful farmer and businessman, Lumsden is no newcomer in the slaughtering business.

He also runs a goat and sheep abattoir.

During the visit, the Southern News crew, found all donkey pens empty, but a quick inquiry from some farm workers indicated that only 25 donkeys which had been taken out for grazing at the nearby grazing land are currently being kept.

After setting up the donkey abattoir, the company intended to export the meat and hides to China where they are in high demand, especially the latter, which is used to produce a traditional Chinese product called ejiao.

The company had already started building the $150 000 state-of-the-art donkey abattoir, with capacity to dress more than 70 animals daily.

The opening of the abattoir in the city was meant to take advantage of the closure of the donkey abattoir in neighbouring Botswana, where donkey meat is a delicacy.

Botswana suspended export licences for the animal products mid last year after villagers had complained that they were losing their donkeys to thieves who were cashing in on the animals.

 


Fight over 105-year shop lease

A HILLSIDE businessman — Marshal Joseph Stuart — who was awarded a 105-year lease for a shop is embroiled in a fierce battle with his landlord who is frantically trying to evict him regardless of the agreement.

Stuart has been entangled in a battle with shop owner Elexandros Maroukis for the past 19 years.

The shop, which is part of the double storey Old Mutual building owned by Maroukis, is situated at the Hillside Shopping Centre in Bulawayo.

So nasty has been the dispute that on several occasions the matter has been in and out of the courts ostensibly because Maroukis has been withdrawing the case before full trial.

Last week, Maroukis revived the court battle to take over the shop, which Stuart has turned into a clothing outlet over the years.

Recently, Stuart — a man of mixed race — expressed pain at how his landlord has been behaving in the past decade, accusing him of trying to evict him to make way for a white tenant.

“I occupied the shop in 2006, when everybody including the white community was abandoning this business complex due to economic challenges,” Stuart told Southern News.

“But I remained steadfast and pulled through and that’s when Maroukis offered me a 105-year lease for this shop. It’s something that is on record, we both signed and made an agreement and the original copy is with the lawyers,” he said.

But Maroukis has starkly turned against Stuart, accusing him of forging the bizarrely long lease. This has become his basis in the latest court application.

According to a July, 17, 2012 letter by Stuart’s lawyers — Majoko and Majoko Legal Practitioners — to Maroukis, the lease runs up to 2112.

“By lease agreement entered into on the March 21, 2007, you leased out and our client took on lease the premises above mentioned. The lease was to terminate on the April 1, 2112.”

“Surprisingly, through your agents Ken Estate Agents, you denied there was a lease and suggested that if our client produced one it was a forgery. The allegation was malicious, scandalous and defamatory of our client…,” reads the letter in part.

The lawyers also declared that Stuart was not vacating the shop.

“Our client will not vacate the shop for as long as he requires its use and observes the terms of the lease.”

In his response, Maroukis questioned the authenticity of the lease.

“You shall undoubtedly note that on the mentioned lease all numerical 2’s are almost identical yet the latter being the 105-year extension seems to be completely different to all others,” Maroukis argued.

“Does this not pose a question with respect to its authenticity? I put it to you that it appears to be an addition to the contract and did not form part of the so-called agreement,” he queried.

However, as part of forcing Stuart out of the premises, Maroukis has allegedly been using a “scotched earth policy”.

“The shop is now in bad shape but the owner has warned me against renovating it. He blocked the water supply, there is no electricity and I don’t even have electricity. The roof is leaking when it’s raining.

“He even tried to double the rentals but I refused since there was no justification. All these have been clear tactics to move me out of this place but I told him that I can’t move away, I have a long running lease,” Stuart said.

“The reason why he keeps renewing court cases that he never pursues is that they want to suffocate me financially.

 

 

Dark cloud as Gukurahundi victims are remembered

WHILE there was bliss after police cleared the memorial of Gukurahundi victims, there was palpable grief as dozens of aggrieved family members gathered for the event at Bhalagwe, Matabeleland South.

Bhalagwe is known as the place where thousands of innocent civilians were thrown into an abandoned mine shaft at the height of the internationally condemned post-independence atrocity, which human rights groups estimate it claimed more than 20 000 lives.

For radical pressure group, Ibhetshu Likazulu, it was a second return at the place after the first attempt in October last year was blocked by riot police under deposed president Robert Mugabe’s rule.

This time, the group organised the event to coincide with Mugabe’s birthday, as part of expressing their disdain to the person seen as the Gukurahundi architect.

While speaker after speaker spoke agonisingly of the sad past, villagers who were also part of the meeting could not hide their anguish at the way the Zanu PF government has disregarded them, despite all the persecution they went through during and after the atrocities.

One elderly Nicholas Dube took a swipe at Zanu PF for declaring Bhalagwe a district heroes acre, which he said it further showed lack of remorse for the mass killings.

“Now they have made this place where the bones of our people are buried in shallow graves their heroes acre, they want to exterminate history that all our children remember will be their heroes lying here not our fellow countrymen that were massacred,” Dube said.

Notably, at that place which has been turned into a heroes’ acre there are two mass graves, where reburials are said to have been done years back.

It is, however, the failure by those who built the huge tomb to indicate that it was a Gukurahundi mass grave that seemed to irk the organisers of the commemoration.

Only the words “Mass Grave” are inscribed on the tomb.

Dube went on to say it should not be forgotten that the purpose of Gukurahundi was not only to eliminate lives but the culture of the region as the two camps that were set in Bhalagwe by the North Korea-trained Fifth brigade were built on the territory that was preserved for rainmaking ceremonies and religious rituals by the community.

As part of the commemorations, candles were lit while they sang the old national anthem Nkosi sikelela, and prayers made after which solidarity speeches were made.

Windmill CEO up for raping, impregnating step daughter

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HARARE - Windmill chief executive officer George Rundongo was denied bail yesterday on charges he raped and impregnated his step daughter.

Rundongo, 50, appeared in court facing charges of raping his step brother’s daughter, a 15-year-old Form 3 pupil.

The chartered accountant was remanded in custody and advised to apply for bail at the High Court as he is facing a third schedule offence.

It is the State’s case that on December 30, Rundogo met the girl at Market Square and then took her to his office at Longcheng Plaza Complex in Belvedere.

The court heard that whilst the complainant was in the office, Rundongo gave her $900 which he said was for her welfare and entered into another room from which he emerged with a mattress.

It was further alleged that the 15-year-old girl tried to wrestle Rundongo but was overpowered, with the Windmill boss allegedly sleeping with her without her consent and without wearing any protection.

The court heard that the girl opened up about the ordeal to her science teacher at school after realising she had missed her menstrual cycle for two consecutive months.

A police report was filed. She was medically examined and found to be pregnant.

Chinamasa meets Boris Johnson in London

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HARARE - Britain’s Secretary of State for Foreign and Commonwealth Affairs Boris Johnson has met Zimbabwe’s Finance and Economic Planning minister Patrick Chinamasa, pictured, to discuss bilateral issues and the forthcoming general elections.

Johnson held talks with Chinamasa and other officials in London on Monday, where the UK’s foreign chief stressed Britain’s support for fair polls and expressed hope about the future.

The sudden and rapid developments in Zimbabwe late last year, which saw the military essentially remove former president Robert Mugabe and subsequently elevate Emmerson Mnangagwa to the top post, have ushered in a new opportunity for the country to achieve its economic potential as a powerhouse in the region.

Since his inauguration, Mnangagwa has said Zimbabwe is “open for business” and will seek to rejoin the Commonwealth.

Mnangagwa has also praised British Prime Minister Theresa May’s enthusiastic approach to his new government, saying that his country always got on well with British women prime ministers.

Chinamasa met with the UK’s top foreign chief Johnson, where they discussed about free and fair elections among other issues.

“Good to welcome (Patrick) Chinamasa, Zimbabwe’s Special Envoy to the UK, to @ForeignOffice today. Great hope and optimism for Zimbabwe’s future, we discussed need for free & fair elections this year & opportunities ahead of us,” Johnson wrote on his Twitter account, soon after meeting with Chinamasa.

This comes after Britain’s Africa minister Harriett Baldwin, on her recent visit to Zimbabwe, revealed that her government had released £5 million to non-governmental organisations to promote democracy in Zimbabwe.

Commenting on Johnson’s tweet, a member of the Welshman Ncube-led opposition MDC, David Coltart, said the UK envoy must take time to listen to the poll concerns of the people of Zimbabwe.

“I trust that @BorisJohnson will also take time to hear the views of people other than from Zanu PF regarding whether conditions exist in #Zimbabwe for free and fair elections.

“The Constitution is still being flagrantly violated as I tweet,” Coltart said.

Elections in the country have not been entirely free and fair for close to 20 years and in some cases, such as in 2008, were blatantly stolen.

There has been mounting calls on Zanu PF to lay off the institutionalised rigging and intimidation and try to run a free and fair poll — a move that is likely to see foreign interest in the country surging.

Chinamasa in 2016 proposed an arrears repayment plan at the IMF/World Bank annual meetings in Lima in Peru where consensus was reached with creditors on a repayment strategy which entailed the clearance of the country’s $1,8 billion arrears.

Relations between the UK and Zimbabwe have moved to a new level since the fall of Mugabe as London seeks to revive ties with a key ally in southern Africa.

Diplomatic ties between the UK and Zimbabwe soured during the turn of the century over charges that former president Mugabe’s ruling Zanu PF party had rigged elections and used violence to cling to power.

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Court throws out Undenge application

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HARARE - A Harare magistrate yesterday dismissed former Energy minister Samuel Undenge’s application for refusal of further remand.

The court, however, ordered the State to speed up investigations to enable trial to commence.

At the same time, former Tourism minister Walter Mzembi also appeared in court with his trial also failing to kick off. He was further remanded to April 3.

Both former ministers are facing charges of criminal abuse of office.

Yesterday, Mzembi’s legal counsel notified the court that he would be filing an application for refusal of further remand if a trial date is not given on their next court appearance.

As for Undenge, he had lodged his application arguing that the State has taken an inordinately long time before trial.

However, it was Harare magistrate Tilda Mazhandu’s considered view that two months without trial commencing was not a long time for the court to throw out the case.

Mzembi and Undenge are both out on $400 bail. They have been ordered to report every Friday at Borrowdale and Highlands Police Station respectively, not to interfere with witnesses and to reside at their given addresses.

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NetOne moves to evict ex-CEO from house

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HARARE - The government-owned mobile firm NetOne Cellular (Private) Limited (NetOne) has dragged its former chief executive officer Reward Kangai to the High Court seeking to evict him from one of its properties following the termination of his contract of employment in 2016.

According to court papers, Kangai was granted occupation and use of the company’s house at Number 31 Shottery Road, Greystone Park, Harare, during the duration of his employment contract.

The government-owned mobile firm NetOne paid Kangai $247 000 following the termination of his employment contract.

Kangai was sent on forced leave in March 2016 after the company’s board sanctioned a forensic audit into the affairs of the country’s second largest mobile phone operator.

He was suspended from work without pay and benefits on October 3, 2016 after an external auditor PriceWaterhouseCoopers completed a board-sanctioned probe into the goings-on at the mobile phone operator.

“The employment contract expired by effluxion of time on June 30, 2017. Defendant (Kangai) had in any event been paid out the entire salaries and benefits attendant to this contract amounting to $227 597, 68.

“Defendant has, despite being given due notice to vacate the said property remained in occupation without plaintiff’s (NetOne) authority and without paying any consideration. Consequently, plaintiff has been deprived use and enjoyment of its property and continues to suffer holding damages in the amount of $3 000, being the fair rental return for same on the open market,” the court heard.

In its court papers, NetOne said Kangai has no basis to continue occupying its property.

Responding to the application, Kangai said that he occupied the said house in August 2006 in terms of a prior contract of employment.

He argued he was entitled to a housing allowance and the benefit of occupying the said premises.

“The defendant effectively paid for the house in question and the defendant claims transfer of ownership of the property into his name or, alternatively damages in lieu of transfer of ownership,” Kangai said.

He further said that even if he was supposed to vacate the premises upon termination of his employment contract, he argued he was unlawfully dismissed, such that he continues to enjoy rights in terms of his contract.

“The defendant has brought the lawlessness of the termination before the Labour Tribunal in terms of the Labour Act and therefore, the defendant raised a plea of lis pendens (a pending legal action, or a formal notice of one). It is denied that the defendant breached the employment contract between the plaintiff and the defendant. In fact, it is the plaintiff who has breached the implied terms of the employment contract by humiliating and violating the professional status and reputation of the defendant,” he said.

He, however, made a claim in reconvention, demanding $2 million from NetOne for allegedly maligning him through press reports to the effect that the management led by him owned a company that was used to siphon money from the mobile network provider.

He said the statements issued by NetOne employees in newspapers, portrayed him as dishonest, incompetent and fraudulent employee.

“The statements were maliciously made to injure the good name and reputation of the defendant and to subsequently justify the termination of his employment contract.

“The defendant suffered loss of income and benefits as a result of the defamatory statements and actions of the plaintiff to an extent that his employment prospects have greatly diminished,” the court heard.

The High Court is still to make a determination on the matter.


Zec boss fired

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HARARE - The Zimbabwe Electoral Commission (Zec) has cut ties with its chief elections officer, Constance Chigwamba, after she fell out of favour with commissioners at the electoral management body, the Daily News can report.

A former permanent secretary in the Office of the President and Cabinet, Chigwamba was seconded to the post of Zec chief elections officer in June 2015 by former president Robert Mugabe.

The Daily News can reveal that she was handed a letter terminating her employment with the commission after the Zec board’s meeting of Friday last week, advising her that she was being sent back to the Public Service Commission (PSC) with effect from March 1.

Zec chairperson, Justice Priscilla Chigumba, told the Daily News yesterday that the decision to have Chigwamba recalled was arrived at by the commissioners who unanimously felt that having a chief elections officer on secondment from the PSC undermined the organisation’s independence.

“It was a unanimous decision made by all commissioners resolving to send her back to the PSC with effect from March 1 in order to guarantee the independence of Zec processes going into the elections,” Chigumba said.

This was corroborated by Zec deputy chairperson, Emmanuel Magade, who said the decision to have Chigwamba recalled was an internal process and that there was no interference from anybody from outside of the commission.

Chigwamba, who could not be reached for comment, had since her appointment in 2015 continued to earn her pensionable remuneration such as salary, housing and representation allowance from the PSC while also drawing allowances from Zec.

This, according to Zec commissioners, was in violation of Chapter 2: 13 of the Electoral Act.

According to the Electoral Act, “the remuneration and other benefits payable to the chief elections officer and other employees and agents of the commission shall be paid from the funds of the commission”.

In terms of the same Act, it is the prerogative of the electoral management body to hire or fire and pay the commission’s chief elections officer in order to maintain its independence.

Chigwamba’s ouster comes less than two months after Rita Makarau resigned from the commission under unclear circumstances.

While the reasons behind Makarau’s exit from Zec are not known, speculation has it that her resignation was part of the domino effects arising from Mugabe’s ouster.

The opposition had on a number of occasions called on Makarau to retire from Zec, accusing her of being too close to Zanu PF and Mugabe, in particular.

Makarau had also faced criticism of being captured by the Generation 40 faction, whose members are being hounded out of the ruling party, with some of them now living in self-imposed exile.

Some sections had also complained that Makarau had too many roles as she was allegedly drawing three separate government salaries: Justice of the Supreme Court of Zimbabwe, secretary of the JSC and chairperson of Zec.

Some legal experts had also argued that it was improper for her to hold dual roles as both Zec chairperson and JSC secretary as there was an apparent conflict of interest between her two full-time jobs.

Zec insiders claimed yesterday that Chigwamba had managed to survive at Zec for all these years because she was being shielded by Makarau from facing the chop.

Apart from her drawing allowances from Zec and the PSC, the chief elections officer had also lost trust and confidence of Zec staff and commissioners which made her position with the electoral management body tricky and untenable.

Chigwamba’s recall means the commission will appoint acting chief elections officer until a substantive chief elections officer is found.

At time of going to press no public announcement had been made as to who the acting chief elections officer will be.

Her departure comes as the Zimbabwe Anti-Corruption Commission (Zacc) is in the process of investigating Zec senior management over what appears to be irregular purchase of tents, computers and stationery for election-related purposes back dating to the 2013 general elections.

Zacc had been furnished with documentation regarding senior Zec officials who allegedly flouted tender processes in exchange for kickbacks and bribes.

It has not yet been established how much government was prejudiced as a result although insiders believe the loss suffered by the State runs into hundreds of thousands of United States dollars.

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Tsvangirai's widow breaks silence

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HARARE - The wife of the late opposition MDC leader Morgan Tsvangirai is being accused by her late husband’s family of kicking out the former prime minister’s children from the couple’s Highlands mansion, an allegation she strenuously denied yesterday.

Tsvangirai’s brother, Manasa, claimed yesterday that two of his late brother’s children — Vincent and Miriro, from another of the late MDC leader’s wife — had been kicked out of the palatial home in Highlands, Harare.

“I have not been there but I have been told that some of the children were told to pack their things and leave the place,” said Manasa.

“Yes, Miriro and Vincent were told to leave, we are still sorting things. I will go when I find time. For now, I am still sorting out some more important things,” he added.

Yesterday, Tsvangirai’s widow rubbished the allegations in an interview with the Daily News.

“I am still in mourning, but it is not true that any child has been locked out,” said Elizabeth.

“Miriro and Richard are with their mother and we actually parted well after their mother requested to see them temporarily. They are welcome here any time and I have even spoken with their mother,” she said.

Elizabeth told the Daily News that she was actually in the process of arranging tuition for Richard junior since he is at university.

She said: “People must not lie that anyone has been shut out even though some of them know what they did while my husband was sick in South Africa. I don’t want to talk about that now but people should not lie on top of their ill-treatment of me and their lack of respect.”

The latest development comes as the grieving widow has faced unprecedented persecution by her in-laws from the time her husband has been on his deathbed to the day he was laid to rest in Buhera last week.

Tsvangirai was buried in Humanikwa village on Tuesday last week after his body was flown back home from South Africa where he died in a private hospital.

Elizabeth was forced to leave Humanikwa village soon after the burial of her husband, unable to attend post-burial ceremonies after suffering relentless abuse at the hands of her late spouse’s family members.

According to Shona tradition, soon after burial of the deceased, precautionary rituals are usually performed to purify those concerned with the funeral, especially the wife, to prevent the spirit from returning from the grave to trouble those left behind.

Elizabeth did not participate at all in any core-funeral and post-burial ceremonies.

The torment endured by Tsvangirai’s wife has been roundly condemned as “nothing short of a disgrace”.

The Daily News has already reported that the Tsvangirai family has severed ties with the former prime minister’s widow as it girds its loins, ready to strip her of property and evict her from the majestic Highlands mansion.

This may, however, turn to be an uphill task because, legally, the surviving spouse inherits whatever would have been left behind by her husband or wife, unless there are special circumstances inhibiting this.

While Manasa claimed they have not yet deliberated on his brother’s estate, he made it clear that the children should get the lion’s share.

“We are still discussing the way forward,” he told the Daily News.

“We will take our time. If a person has been working, mdara akashanda (Tsvangirai was a hard worker) and he was working for his children; he was not doing that for us, his brothers, but for his kids. Children should benefit and not anyone else, every man works for his children.

“Even if you are married, children should benefit first. Even when you have done things with your own hands you would say I have built this and that for my children and not for yourself. The children are the inheritors and not anyone else,” said Manasa.

The Daily News has reported that before his death, Tsvangirai consulted his lawyer Innocent Chagonda of leading Harare law firm Atherstone & Cook about his estate more than three times, apparently fearing that his beloved spouse would become a victim of property grabbing by his relatives.

The top Harare lawyer said Tsvangirai consulted him to determine whether probate was necessary, and to assess if there may be any problems or contentions, saying the settlement would offer him priceless peace of mind.

Probate, or estate administration, is the process by which a deceased person’s property, known as their “estate,” is passed to the heirs and beneficiaries named in their will.

Chagonda said he offered him sound legal advice. He declined to state what legal advice he proffered to Tsvangirai, instead explaining what the law says.

“If you die interstate, your matrimonial home will be inherited by the wife and the residue will be divided equally between the children and the wife,” Chagonda, a veteran lawyer, told the Daily News.

He was referring to the intestate succession by spouses that is governed by the Deceased Estates Succession Act (Chapter 6:02).

In terms of this law, whether one is married in community of property or out of community of property, where no will is left, the surviving spouse is entitled to receive from the free residue of the estate all household goods and effects and the matrimonial home.

In addition, such a spouse will also inherit, together with the deceased’s children, the remainder of the property that does not constitute household assets.

Depending on the circumstances, it is also possible for the surviving spouse to inherit in full the entire estate of a spouse who is late.

The provisions of the Act, makes property grabbing blatantly illegal.

Elizabeth’s lawyer Harris Nkomo said he is yet to receive instructions from his client to contest the said decision to disinherit her.

Tsvangirai’s death on February 14 was almost overshadowed by a bitter family dispute that pitted his wife Elizabeth, with whom he has no children with, on one hand, and his children, mother and siblings on the other hand.

Elizabeth – cast as a villain throughout the funeral rites – played a peripheral role, with Tsvangirai’s mother at one time threatening to commit suicide if she was allowed to attend the funeral.

It was the same script during Tsvangirai’s last days in South Africa when the family also barred Elizabeth from visiting her husband as he battled cancer of the colon.

Harassed by her in-laws since the time Tsvangirai was admitted to the Wits Donald Gordon Medical Centre in Johannesburg, Elizabeth, 41, almost considered suicide as a flurry of accusations were thrown her way.

Her in-laws who took over all the funeral proceedings from the time Tsvangirai’s body landed at the Robert Mugabe International Airport on February to the day he was buried in Buhera’s Humanikwa, sidelined the wife and made no effort to cover up their differences in public.

In South Africa she had to be sneaked in, in order to visit her dying husband.

The family even went as far as trying to remove her as next of kin—only to be stopped from doing so by Tsvangirai. This was after the family members threatened to assault her in hospital.

Following the MDC leader’s death, focus is now on his estate.

Not much is known about Tsvangirai’s wealth.

Before he joined the unity government in 2009, he had largely lived a modest life and often criticised Zanu PF chefs of engaging in “primitive accumulation of wealth”.

His Highlands mansion is probably his biggest asset, followed by his Strathaven property, which he acquired with his first wife Susan, who died in a car crash in 2009 shortly after Zimbabwe’s inclusive government was sworn into power.

He also had a few personal cars, cattle, goats and sheep.

It is unlikely he still had cash in the bank since his battle against cancer depleted much of it.

Following his visit to Tsvangirai’s mansion in Highlands in Harare early last month, President Emmerson Mnangagwa assured the late MDC leader that he will work towards releasing his pension and other benefits, and the government has already put paid to its promises.

But it now remains to be seen who will get the monthly pensions among his brooding brood with a R2 million hospital bill also outstanding.

Tsvangirai wed Elizabeth nee Macheka in September 2012 after a messy fallout with his ex-bae Locadia Karimatsenga, who was much loved by the family, especially by the late opposition leader’s mother.

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DIDG plans $200m investment bonds

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HARARE - The Diaspora Infrastructure Development Group (DIDG), which won the $400 million National Railways of Zimbabwe (NRZ) recapitalisation tender jointly with Africa’s largest rail company, Transnet, is mulling investing in various sectors of the economy.

DIDG chairperson Donovan Chimhandamba said the delivery of railway equipment last week to NRZ was “just the beginning” as the group is now on a credible path to mobilise for structured Diaspora investments.

“Diaspora remittances through formal channels are estimated to be $1 billion while remittances through the informal channels exceed $3 billion. The Diaspora remittances are too significant to be ignored and could be trebled if proper structures and incentives are put in place,” he said.

Chimhandamba noted that the investment group is structured in a way that allows the country’s expatriates around the world to participate in infrastructure investment programmes.

“We are in the process of assessing various investment structures including listed collective investment schemes and Diaspora bonds. Once we have launched these instruments we believe we can easily mobilise project-based investments from tranches of up to $200 million in leveraged capital per project,” he said.

DIDG is also setting up structures that will allow over 3,5 million Zimbabweans living in the Diaspora to repatriate their skills.

“We have many in the Diaspora who have gained skills and experience that Zimbabwe can use at this point in time. As DIDG we have now set up technical services consulting division called Diaspora Consult which will facilitate for the accretion of the various Diaspora individual skills. This will assist with driving a brain gain for Zimbabwe and provide technical support to DIDG-led projects,” Chimhandamba said.

The trained engineer further indicated that the recapitalisation of NRZ will not only resuscitate the parastatal, but will also make Zimbabwe an economic hub in southern Africa.

“A fight our Zimbabwe needs to have as united people, a united people that does not tear each other down but prop each other up. The North -South corridor has serious capacity issues, some of them arising from NRZ’s lack of investment in its rail network,” he said.

“The regional countries such as Botswana, Mozambique, South Africa, Namibia, Zambia and Malawi cannot sit and wait for us to organise NRZ forever. In the absence of NRZ recapitalisation, these countries will have to invest in rail and road infrastructure that bypasses Zimbabwe.

“If these mooted bypass projects happen, we can be rest assured that NRZ and Zimbabwe’s strategic importance in the north-south rail corridor will be gravely diminished, and the jobs and industries we wish to build might just become a pipe dream,” Chimhandamba said.

DIDG is a company founded and duly incorporated in Zimbabwe and South Africa spearheaded largely by Zimbabweans living in South Africa, Namibia, United Kingdom, Australia, Canada and the United Kingdom among other nations. The group’s principle motive is to establish ways that will unlock foreign capital inflows and know-how towards the development of Zimbabwe’s infrastructure. — The Financial Gazette

Zim insurance sector set for rebound

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HARARE - Zimbabwe's insurance sector is set for a rebound following rising investor confidence in the country after the inauguration of a new government late last year, market experts have said.

The southern African country is currently enjoying a breath of fresh air following the ascendency of President Emmerson Mnangagwa — who is generally viewed as pro-business — resulting in international investors making a beeline to Zimbabwe.
Mnangagwa replaced former president Robert Mugabe who succumbed to both military and people pressure and resigned in November last year.

ZimSelector managing director Luke Ngwerume said the country should take advantage of the new economic dispensation to increase its insurance penetration rate, which is currently averaging 1,5 percent, to develop the economy.
“We believe that an increase in insurance penetration rate will have a direct and positive impact on the economy,” he told journalists attending an insurance mentorship programme in Harare on Friday.

Zimbabwe’s insurance penetration rate, which reached a high of 10 percent in the early 1990s, has been declining significantly over the last two decades with official figures showing that it dropped to a low of 1,5 percent in 2015.
Ngwerume, however, noted that the economic downturn of 2008 should not discourage people from getting insurance products.

“Many people’s insurance and pensions were eroded in the hyperinflationary period resulting in confidence erosion and a new generation of Zimbabweans at home and abroad that either don’t trust insurance or don’t know enough about it,” he said.
“The fact that we have assets means that the crazy period must not stop us from having savings and insurance,” he said.

The former Old Mutual Zimbabwe chief executive noted that insurance companies and pensions funds have funded many developments nationwide like; office buildings, shopping malls, housing developments, roads, dams, power stations, transmission lines, agricultural and mining activities.
“Any country that is developed will always find a correlation between the level of development and the level of savings and most savings come from insurance and pensions,” Ngwerume said.

Tendai Karonga, commissioner of Insurance, Pension and Provident Funds said his organisation found it prudent to support journalists’ capacity building so that they can have the skills and expertise in insurance and pensions matters.
“This will enable them to raise awareness for corporates and individuals to manage risk and safeguard their rights with regard to insurance and pensions products,” he said.

“We are therefore hopeful that this mentorship programme will capacitate you to interrogate and demystify these perceptions or mysteries around insurance and pensions because this is an industry that is governed by established principles,” he added.
Karonga noted that when one buys an insurance policy, he or she will be transferring the risk of losing out on their asset in the event of an unfortunate incident happening.

On the other hand, saving for retirement through a pension scheme is a social security plan to ensure that one does not suffer from old age poverty when they would have retired from work and are no longer able to generate income.
“It is equally important for journalists to demystify the misconceptions that insurance and pensions are only for the rich. In fact, it is even more compelling for those who are not rich to buy insurance and secure their retirement through pension savings.

“This is so because normally they do not have the capacity to immediately replace an asset that would have been lost, neither do they have adequate investments to sustain them when they have retired from work respectively,” he said.
A FinScope Survey for 2014 on the insurance uptake in Zimbabwe revealed that only 30 percent of Zimbabweans had some form of insurance, 77 percent of them being in respect of funeral insurance while the remainder was for medical cover.

“That revelation is telling of how exposed the majority of Zimbabweans are in the event of them losing their assets either through accident, fire or any form of loss,” Karonga said. —The Financial Gazette

Mobile money interoperability raises more questions

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HARARE - ICT minister Supa Mandiwanzira’s recent ultimatum to the country’s mobile network operators to find a way to make all their mobile money platforms work together raises more questions than answers.

Interoperability is still in its nascent stages in Africa and it is believed that when implemented it is a catalyst for growth in the mobile money sector and in our case here in Zimbabwe it has been long overdue.

The benefits of adopting this service across the different operators is undoubtedly a positive one as it goes a long way in the creation of a sustainable mobile money ecosystem but as well as for customers who are able to conduct their transactions irrespective of the network they are registered under.

Its implementation is highly dependent on the need to getting agreement to the integration and interaction process.

Indeed many countries who operate mobile money businesses in sub-Sahara Africa such as Kenya and Tanzania are exploring this functionality exhaustibly.

Kenya has been working on it for a year and is still conducting tests. Tanzania is still in early stages of implementation.

For Zimbabwe, which is yet to conduct pilot tests on interoperability, questions are being asked on why are the country’s three mobile network operators — Telecel, Econet and NetOne — are being forced to comply with this regulation with possibilities for penalties for noncompliance?

Why has it taken this long for the government to push operators to embrace and adopt interoperability when Zimbabwe started using mobile money more than seven years ago?

And when we are talking about mobile money, who should be regulating monetary issues in Zimbabwe?

Should the directive come from the Postal and Telecommunications Regulatory Authority of Zimbabwe (Potraz) or the Reserve bank of Zimbabwe? Who is in charge of this area?

When we made some enquiries to the reasons why the implementation of interoperability had taken so long to be achieved when the benefits to customers are so glaringly obvious, our sources within Potraz indicated  that when EcoCash had previously applied to do this a year ago, their application was disqualified as this was perceived to be anti-competitive.

Knowing how Econet/EcoCash operate and their aggressiveness, it is likely they are ahead of all players with a plan.

We were therefore left baffled when we read the minister’s mandatory request to ensuring compliance to this regulation.

Indeed when we tested to check this, we were left speechless by the fact that the EcoCash platform is compliant — is actually interoperable.

We were surprised to see that all the transactions we tried worked flawlessly.

All you do is register your NetOne or Telecel line via an EcoCash agent, submitting your ID copy. After being registered, you download the EcoCash App and you are good to go.

It then begs the question whether OneMoney or TeleCash, which the minister seems to want to help are behind or is it the minister who is behind this latest move?

We do not understand what triggered this request. Is it perhaps that the ICT minister has been left behind by the developments which are happening in this sector or maybe there is a broader agenda at play?

We leave it to the minister to clarify. In fact, is interoperability the discussion or it should be social payments, given the tests in India with WhatsApp? - The Financial Gazette

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