‘Sanctions’ ruse: the ‘New Dispensation’ is not interested in engagement – The Zimbabwean

 The ruling party went on to host organised ‘million-man marches’ and had Africa believe that Zimbabwe’s political collapse was a well-orchestrated ‘imperialist’ project to effect a regime change. The ruling class intellectuals, of varied sorts, within the halls of political power, expanded the narrative without end and the public media became the platform in which the colonial project was on the march again and this time the imperium was using ‘sanctions’ to punish Zimbabwe for the land reform program.

This narrative was extended to brush opposition, civil society and any critical voices outside the state as ‘subversive’,   or ‘unpatriotic’ and outright ‘treasonous’. And yet just before and after the putsch of November 2017, the political class changed tact and openly accused Robert Mugabe of using sanctions as an excuse for failing to run the economy and the country at large. The current President is on record stating that the country cannot use sanctions as an excuse. Addressing traditional chiefs in Gweru, January 2018 Mnangagwa said Zimbabweans should stop complaining about the impact of Western sanctions on the country and instead focus on creatively leveraging on available human and natural resources to steer growth and development. And this position was cemented by then President’s Advisor, Chris Mutsvangwa, who said if Mugabe was failing to lead then he should surrender power.

 

However, fast-forwarding a  year after the election that promised ‘a new dispensation’ the Mnangagwa’s “new administration” has revived the Mugabe narrative and this time with spectacle including ‘prayers against sanction’, a public holiday on the 25th of October, soccer matches and a music gala in a campaign  dubbed ‘regional solidarity’ against sanctions. Amidst all this hullabaloo and melodrama, the big question of the day is simple: what is it that has changed since the putsch of November 2017 and also the disputed election of July 2018?

The answer to this question is easily evident when one looks closely at the political power matrix at the apex of the party and state in Zimbabwe. The military-nationalists who took over power in Zimbabwe are not interested in any kind of reform process because they have vested interests in making sure that the sanctions stay in place and subsequently kill the reform agenda. The class that now has political power is taking an attitude that ‘it’s our turn to eat’ and therefore, to achieve this mission of feeding off the country’s fat political reforms are not part of their agenda at all. This is the major reason why they allowed some reform bills introduced in parliament to lapse as if sending the message that ‘the reform agenda’ is dead in the water.

Austerity and Command Agriculture

The new Finance Minister has preached about ‘austerity for prosperity’ and has attempted reform to be re-admitted into the ‘good books’ of international financial institutions especially the International Monitory Fund and the  World Bank.  However, what has emerged is that there are powerful interests at two levels. Firstly, the President has a network of elites that are feeding directly from the patronage of the central bank and also from various state contracts including what has been labelled cartels. In the fuel sector here is what Eddie Cross, a member of the central monetary committee said:

The new monopolists and cartels then started taking a high margin at the wholesale level and sharing these premiums with political players and persons of influence and power. The result; a form of ‘State Capture’ with the new fuel oligarchs controlling the flow of millions of dollars and thereby dictating what was going on in the country. The result is that we have spent probably US$2 billion in secret premiums on the purchase of fuel on the world market. Much of it banked externally (Eddie Cross, May 2019).

The cartels are not only in the fuel sector. They are also dominant in the Command Agriculture Scheme, which the government has since changed to what they are calling SMART Agriculture.  The level of disconcerting and opaque public finance management was revealed when National Treasury officials admitted that they had no paperwork that recorded and tracked the disbursal of US$3billion over two years into the Command Agriculture program. That same program was extended by the current Minister of Finance meaning the ‘austerity for prosperity’ was just a mere slogan while the real power behind the state, in this case, the military, will continue to be fed without restraint.  What this means is that if the government were to have ‘sanctions’ lifted then Zimbabwe’s public finance management system will become subject to more scrutiny by international financial institutions.

Political and Electoral Reform Threaten the political class

When the putsch of 2017 happened and then followed by a relatively free election of 2018 the military men were playing a baiting game. With political power now firmly under their hands the ruling political class is no longer interested in reforms because these will threaten their political existence. The project to keep political power means that any rhetoric to reform the electoral laws, to reform repressive legislation and reform the media is being thrown out of the window. Let us remember that the ruling class poured hundreds of millions in the election; a new fleet of cars, new billboards, social media presence, consultants across the board, millions of party regalia and yet the “victory” was not convincing especially for the Presidency. The President’s thin margin ‘win’, of about 50.7% means that he is not politically secure enough to venture into the territory of reform.

Even those that have been close to power have been saying the following:

Zimbabwe needs constitutional reforms to make sure that future election results are not contested. Among the most urgent matters is the repeal of the laws that restrict the right to political expression and the freedom of the press. As recently as last month, Mnangagwa stated that these reforms mattered because they were demanded by the constitution and not because they were an external demand linked to sanctions (Petinah Gappah, The Guardian, September 2019).

But beyond the insecurity of the President, genuine political reform in the country will mean that the military and associated security agencies will be taken out of the national electoral landscape. Adherence to the constitution, a return to the rule of law would be logically followed by the full implementation of the Mothlanthe Commission recommendations. These recommendations will mean that some military offices will have to be investigated and prosecuted and yet these are the officers that were key in the putsch that cleared the way for the current President.  This is highly unlikely.

Political Stasis and a Collapsing National Economy.

The Minister of Finance has consistently boasted about a month on month surplus in the budget yet the government cracks down on striking doctors. A recent IMF mission report on Zimbabwe made a sober conclusion:

Social conditions have deteriorated sharply, with more than half of Zimbabwe’s population (8.5 million people) estimated by the UN to be food insecure in 2019/2020. Weakening confidence, policy uncertainty, a continuation of FX market distortions, and a recent expansionary monetary stance has increased pressure on the exchange rate. Since the February currency reform, the exchange rate has depreciated from USD 1:1 ZWL to USD 1:16.5 ZWL (as of September 23), fostering high inflation, which reached almost 300 per cent (year-over-year) in August (IMF, 2019).

In conclusion, the sanctions debate and narrative is nothing but a digression from the major crisis of a ‘deep state’ which has become largely rogue and has its hands deep in the national treasury. While the government is gloating about ‘regional solidarity’ with Zimbabwe against sanctions the national political economy is fast collapsing. The glaring evidence of this is the impasse with the medical doctors who have been on strike for almost two months and there is no relent. Teachers and other civil service workers are likely to join as incomes are eroded by inflation and prices of basic commodities skyrocket. The public holiday against sanctions will come and go, international lobbying firms will make a killing milking the national treasury in Zimbabwe and yet the problematique will remain- this is a political crisis generated by entrenched ant-reform elites.

Tinashe L. Chimedza is a co-editor of Gravitas, a political economy bulletin on Zimbabwe and Southern Africa.

Morning Docket: 10.25.19

* An Apple lawyer tasked with preventing insider trading has been charged with insider trading. The good news is he probably knows a lot about the law of insider trading. [CNBC]

* Law firm rents in most parts of New York City are on the rise. Hasn’t anyone heard of WeWork? They’ve been in the news a lot lately… [New York Law Journal]

* Attorney General Barr’s review of the Russian probe has now turned into a criminal investigation. [Wall Street Journal]

* A small law firm has removed a Halloween display that featured black jack-o-lanterns after facing complaints. Apparently, they bought the jack-o-lanterns from Bed Bath and Beyond, definitely in the beyond aisle. [News 12 Westchester]

* Brendan Dassey’s lawyers used the help of 250 experts to support his request for clemency. [Post Crescent]

* Mayor de Blasio and the NYPD confirm that they would charge President Trump if he actually shot someone on Fifth Avenue. We live in interesting times… [The Hill]


Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

Anti-Sanctions protests…it simply won’t work – The Zimbabwean

 The government of Zimbabwe has declared today a public holiday, with a host of activities organized from marches, soccer matches, music gala and national prayers all as a call for the removal of the embargo.

Shockingly, anonymous government sources quoted in the media have confirmed that the event will gobble close to $4million United States Dollars to cater for transport, public address systems, food and regalia. The shocking costs to this event are coming at a time when the country is facing the worst economic crisis since independence characterised by high inflation, low productivity, industrial action mainly in the public service, with the health delivery system in a near collapse because of a 2 months strike by junior doctors who are calling for an adjustment on their incomes.

What is interesting, however, is how the Mnangagwa administration has amplified their propaganda antennae to blame sanctions as an excuse over their failures. Many would recall, that barely 2 months after Mnangagwa assumed office he said the country should stop moaning about sanctions, instead focus on creatively leveraging on available human and natural resources to steer growth and development. In January 2018, Mnangagwa said the sanctions had negatively impacted on development, but it was time the nation stopped whining about this reality and instead turned its attention to factors that it had control over. In his own words, Mnangagwa said: “Takaita masanctions edu atidzorera shure, asi ikozvino hatichafaniri kuramba tichichema namasanctions. Nezvatinazvo, tikabatana tinosimuka. Nyika yedu inosimuka. Matoona kuti tava nesolution in the area of agriculture and the area of food security. Tava nesolution nemasolutions in manufacturing.”

One wonders what has changed, and what happened to the solutions prescribed by the controversial Zimbabwean leader.

 But as we debate the sanctions issue, we must not be blinded by the rhetoric of the current administration, the admittance by Mnangagwa that the country must stop moaning about sanctions is a clear declaration that the sanctions have had no much effect to the operations of the economy. Whatever is happening is just but an excuse for this government’s failures to deliver and they know that very well.  They equally know what needs to be done for those sanctions to be removed, and it won’t be fake prayers, rented marches, music galas because the intended audience would have nothing of that sort.

Since the assumption of power by Mnangagwa through a military coup, he embarked  a short but spirited campaign for re-engagement, selling a dummy that his government was pushing a reformist agenda, and all is now proving to be a pack of lies and deception.

 Mnangagwa’s re-engagement campaign  has totally collapsed like a deck of cards and he has been left clutching at straws. All has been exposed that Mnangagwa has no appetite for reforms but a continuation of the Mugabe template of leadership. Mnangagwa and team thought they would get away with human rights abuses, stealing elections, corruption, bad governance, but all is now clear for all to see that Zimbabwe is plunging to deeper waters than we ever imagined. Resorting to the Mugabe narrative of sanctions shows a leadership that is frustrated, clueless and out of sorts and now using sanctions as scapegoat for their failures to perform and reform.

The Mothlante commission recommendations have been ignored and lately Clement Nyaletsossi Voule, a UN envoy on the rights to freedom of peaceful assembly and of association, told reporters after a 10-day fact-finding visit that Zimbabweans were questioning the capacity of President Emmerson Mnangagwa’s government to bring about change.

 Quite intriguing was also, is the United States of America, through their Ambassador Brian Nichols who exposed the sanctions narrative and dismissed that sanctions are the reason for Zimbabwe’s woes. “Our targeted sanctions are not responsible for Zimbabwe falling tragically short of its potential. The fault lies in the catastrophic mismanagement by those in power and the government’s abuse of its citizens,” Nichols tweeted Thursday. The US Embassy went on to publish what they termed 5 facts about U.S sanctions on Zimbabwe, and they have been challenging the Mnangagwa administration in debunking the sanctions using a hashtag, #ItsnotSanctions on their tweeter handle.

Consequently, the European Union (EU) ambassador to Zimbabwe Timo followed suit and said that the planned solidarity marches would not help change the EU bloc’s position on Zimbabwe.

“Well, SADC has the liberty of stating what it wants, that is their political statement that they came out with recently. When you look at the factual assessment about the facts, because in the SADC communiqué, they were talking about the economic effects and the unfairness of it and from that perspective, we will not be convinced because we were just outlining the limited effect of the economic restrictions that the economic measures would have,” he said.

Our position as the Crisis in Zimbabwe Coalition is clearly espoused in our People Matter campaign, launched on the 18th of September this year in that instead of moaning about sanctions, we urge the Government of Zimbabwe to refocus its energies on an inclusive national reforms program that seeks to broaden and strengthen democratic space and development. We reiterate our call for an inclusive process on the national dialogue that brings all stakeholders together.

We further clarify that in our view the national dialogue that we continue to call for is not predicated on creating another version of a Global Political Agreement or an elite power-sharing deal. We reiterate that our envisaged national dialogue should be a reform process that seeks to safeguard the interest of citizens by restoring the Social Contract between the citizens and those that govern and uphold human security in Zimbabwe.

In this regard, we hold the firm view that the national dialogue process must never be restricted to political parties but should rather bring on board a cross-section of stakeholders that include civic society, labour, women, youth, religious groups, business among other critical stakeholders.

Restricting the dialogue process to political parties will only create a political pact that excludes the concerns of ordinary citizens. We strongly denounce cosmetic approaches to the national dialogue process.

We further call on the Government of Zimbabwe to prove its sincerity by ensuring that Zimbabwe has a conducive environment for holding an inclusive dialogue process in the wake of state-sponsored terror that has increased fear levels amongst citizens. To create a conducive environment and as part of confidence and trust-building in the national dialogue, the government must immediately meet the following conditions:

•    End torture, abductions and enforced disappearances, murder, rape and maiming civilians by the military, state security agents and ruling party vigilante groups

•    Decriminalize the work of civil society and end the continued persecution and arbitrary arrests of civic society leaders

•    Ensure that peace and human security to prevail to allow for all stakeholder to freely express their views on the national dialogue process

•    Release of all political prisoners and return Zimbabwe to the rule of law

•    The attack on Chapter 12 institutions must seize and independent constitutional bodies allowed to discharge their mandate without undue interference from the state and other conflicted parties

•    Promote fair media coverage for all stakeholders and allow divergent views to be shared on all media platforms. Tolerance to divergence is the hallmark of enriching the national dialogue process

We reiterate our position that persecution of human rights defenders and trade unionist in Zimbabwe pose serious human security challenges for ordinary citizens and the global democratic order and restate our commitment to defend the Constitution of Zimbabwe. The Government of Zimbabwe must be guided by the Constitution and a firm commitment made to uphold the Rule of Law and Respect for fundamental human rights.

These are the issues we feel require urgent attention and not wasting resources embarking on a futile exercise like the Anti-sanctions campaign.

In that regard, therefore, and as the marches go on, the debate continues and here we present to you the special edition focusing on sanctions with various authors giving their lucid analysis to understand what’s going on. Enjoy the read

US Statement on Zimbabwe Sanctions – The Zimbabwean

The Committee said the government must implement the reforms outlined in the Zimbabwe Democracy and Economic Recovery Act.

Read the full statement below:

U.S. Sen. Jim Risch (R-Idaho), chairman of the Senate Foreign Relations Committee, today released the following statement regarding efforts of the government of Zimbabwe to spread misinformation and deflect blame for the dire economic conditions faced by the country:

“Responsibility for the current political and economic crisis in Zimbabwe falls solely on the ruling regime that has governed the country for decades. If Zimbabwe’s leaders put as much time, financial resources, and effort into delivering on their long-promised reforms as they have in distorting facts and organizing “anti-sanctions” campaigns, Zimbabweans would not continue to suffer under the dire economic and humanitarian conditions they face today. The US does not sanction people without just cause – sanctions are a response to malign activity.

“The U.S is an enduring partner and friend to the Zimbabwean people, which is reflected in our decades-long support to the country’s humanitarian and development needs. Zimbabwe’s leaders, starting with President Mnangagwa, continue to have a clear path towards strengthening the U.S.-Zimbabwe bilateral relationship through reforms outlined in the Zimbabwe Democracy and Economic Recovery Act. The ruling party should focus on the needs of the Zimbabwean people instead of their bad governance, corruption, and state capture. Regional institutions should also focus their energies on supporting democracy, not kleptocratic regimes.”

Background: In 2003, the United States began to impose sanctions on select individuals in the ZANU-PF regime and entities known to facilitate human rights abuses, undermine the rule of law, and engage in the looting of state resources for personal or political gain. While the targeted sanctions have been in place, the U.S. has continued to invest in humanitarian and development aid for Zimbabwe, spending more than $2 billion over the last 10 years. The government of Zimbabwe has used misinformation to blame U.S. sanctions for the country’s political, economic and humanitarian situation and has coordinated anti-sanctions protests across the country for Oct. 25.

Sanctions against persons contributing to the conflict in Zimbabwe
Will Artificial Intelligence Lead to Massive Job Losses?

Post published in: Featured

Air Zimbabwe barred from using SA airports – The Zimbabwean

JOHANNESBURG – Air Zimbabwe has been barred from using South Africa’s airports.

Airports Company South Africa (Acsa) confirmed the suspension took effect on Tuesday.

It said the airline owes it an undisclosed amount of money.

Acsa, however, said it would not disclose the amount owed by the airline.

“The company informed Air Zimbabwe by letter on 18 October that it will not be allowed to depart from any of Airports Company South Africa’s nine airports and that the prohibition will remain in place until outstanding amounts are settled,” Acsa said in a statement.

“The suspension of an airline takes place only after considerable engagement with an airline’s management.”

Sanctions against persons contributing to the conflict in Zimbabwe – The Zimbabwean

25.10.2019 7:25

This document is explanatory only and does not have the force of law. Executive Orders 13288, 13391, 13469, applicable laws and the implementing regulations pertaining to Zimbabwe (31 C.F.R. Part 541) contain the legally binding provisions governing the sanctions. This document does not supplement or modify the Executive orders or the regulations.

The Zimbabwe sanctions program implemented by the Office of Foreign Assets Control (“OFAC”) began on March 7, 2003, when the President issued Executive Order (“E.O.”) 13288. E.O. 13288 imposed sanctions against specifically identified individuals and entities in Zimbabwe, as a result of the actions and policies of certain members of the Government of Zimbabwe and other persons undermining democratic institutions or processes in Zimbabwe. Following E.O. 13288, in response to the continued undermining of democratic institutions, the President issued two subsequent Executive orders that expanded the list of sanctions targets to include immediate family members of any person whose property and interests in property are blocked as well as those persons providing assistance to any such individual.

Read full report: zimb

US Statement on Zimbabwe Sanctions

Post published in: Featured

Yes, Even Smart People Fail The Bar Exam

What Biglaw name partner and former law school dean — called by Laurence Tribe “the most extraordinary student I had ever had” — failed the California bar exam in 2005 on the first try?

Hint: This person was already barred in New York and Massachusetts, and passed the California bar on the second try in 2006.

See the answer on the next page.

Republican Media Is Already At The ‘Trump Is Too Dumb To Fail’ Stage

Politics

The Wall Street Journal editorial page does its thing again.

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From the Above the Law Network

Changing Your Mindset: Tips To Improve Your Mental Health And Increase Happiness

Ed. note: This is the latest installment in a series of posts on motherhood in the legal profession, in partnership with our friends at MothersEsquire. Welcome Molly Daniel-Springs to our pages.

If you had told my first-year law school self that I would be writing an article about how to maintain/improve your mental health while parenting two toddlers and running a solo practice, I would have been all, not in this life. Almost 10 years later, here we are. I hope these tips help you on your journey.

Change your mindset. What is it with the insane expectations on working moms? A few days ago, I read a post on Facebook by Sarah Friedberg (the post went viral- look it up) that dropped so many truth bombs I found myself nodding and mmmhm-ing all over the place. Then I had my husband read it because he must know women are so superior. The gist of her post is that society expects us to be the perfect mothers, ideal workers, and doting wives. We are supposed to run the household, organize the social calendar, plan the vacations, handle the doctors’ appointments, participate in school functions [insert my feeling of total dread on this one], meal prep, make sure the animals don’t die of neglect, plan the birthday parties, make sure the kids are in swim lessons, do craft projects with them, buy their clothes and wash them, make sure they’re using their manners, be Santa and the Easter bunny and the tooth fairy, and keep the house clean and tidy, just to name a few. Oh, and maintain a career. And be a good human. Um… wut?

And the reality for many of us is that we have bought into this outrageous standard and take pride in “accomplishing” all of this — at the expense of our own well-being. That requires re-training. After trying to live up to these expectations for a couple of years, in early 2018, I decided to choose another path and strive for being a just okay mom, worker, and wife. I kid, I kid. But, really, I try to set realistic expectations for myself. In the same token, I try not to allow myself to feel guilty for doing so. Mom guilt is no joke and people have no problem laying it on thick.

Promote partnership. My husband and I both work. For most in the same position, the majority of the child care and “household” responsibilities still fall on us moms. One way I have found to combat this is to make to-do lists. They’re not for my husband; they’re for both of us. Here are a few things that were on my recent list: return software (J), lay pine straw, fix wheel barrel tire, pressure wash (J). My husband (Joseph) knows that everything with a (J) beside it is for him to do. Yes, I totally fixed that wheel barrel tire, like a boss. I put things on the list that, two years ago, I would have undoubtedly handled (think: schedule dentist, call plumber). Because not all of the household tasks, like returning an item, need to be my responsibility. I am in a partnership with my spouse, and these tasks should fall on us equally.

Sometimes, the best way for your partner to realize how much you actually do is to take a vacation sans kids and spouse (and work). I feel like my husband is well above-average in sharing the housework and the child care responsibilities (shout out to you, stud), but he still benefited from seeing all the things that did not get done while I was gone on a girls’ trip for a long weekend last year. If you’re wondering to yourself because I know all of you are, but really though, how did he survive? I’ll tell you. He doesn’t have as hard of a time as I used to in calling for help. It’s engrained in many of us that we can handle it because we are expected to handle it. Dads don’t have that problem. Neither should you.

Enlist help. Whether it’s a nanny, help from family, or putting your kids in daycare, having help with the kids is, for me, the number one stress reducer. We also have trusted family members who live nearby and help tremendously. And recently, I found a “mommy’s helper” who comes twice a month and assists in working down the list of household things that need to get done. It takes a village. Embrace yours.

Girls’ night. As a solo practitioner, networking is key (and as I write this article, I am reminded that I need to take networking off the backburner). As a mom, girls’ night is hashtag critical. Once a month, on average, we plan a dinner out. They’re my therapy and my tribe.

You time. My former boss and current mentor used to stress the importance of taking “you” time. Never has that advice been as valuable as it is now. When I need to step away for a moment because opposing counsel filed a frivolous motion or one of my toddlers lost her mind because I “didn’t put her potty seat on right,” I do just that. Go for a facial, run an errand, walk around the antique mall, scroll through Facebook marketplace. Don’t judge me.

In closing and as a last tip, give yourself and others grace. We’re not going to win every case or get it right every time, and we’re going to make mistakes in parenting. We’re all just trying to figure this out while maintaining enough wherewithal to show up for court without bodily fluids on our blazers.

EarlierMothers At Law: Achieving Meaningful Success In The Legal Profession


Molly Daniel-Springs is the owner of Springs Law Firm, a personal injury and social security disability firm in Charlotte, North Carolina. She is married with two toddlers and enjoys gardening, talking politics, and using sarcasm whenever possible.