Morning Docket: 11.19.2019

A WeWork location in midtown Manhattan (photo by David Lat).

* Legal drama at WeWork is continuing: The New York Attorney General’s Office has contacted the company about potentially illicit activities. [CNBC]

* Wendy’s is continuing to fight a lawsuit alleging injuries from a bone fragment in a burger. This is why you should always order a Spicy Chicken Sandwich at Wendy’s — the burgers are oddly square anyways. [Legal Newsline]

* It seems like bankrupt law firm LeClairRyan will not be able to escape liability from a massive sex discrimination judgment. [Virginia Lawyer’s Weekly]

* California’s Attorney General has sued Juul, the maker of electronic cigarettes, alleging that the company violated the privacy of minors when advertising to them. [Forbes]

* Justice Ruth Bader Ginsburg was back on the bench at the Supreme Court yesterday after missing a few days of oral arguments last week due to a stomach bug. [CNN]

* A Syracuse man acting as his own lawyer has beaten the rap on not one but two alleged crimes. Guess he may have disproved the old saying about people who represent themselves. [Syracuse.com]


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.

Zimbabwe to Slash Diamond Royalty to 10% – The Zimbabwean

The government proposed a new royalty rate of 10% in the annual budget last week. Diamond producers currently pay 15% of gross revenues, but their overall costs have escalated as they shift toward hard-rock — or “conglomerate” — mining, which is lucrative but expensive.

The change could benefit companies such as Russia’s Alrosa, which is exploring for rough in the country, as well as Botswana Diamonds and Vast Resources, which operate a joint venture at the Marange fields.

“The royalty rate of 15% on diamonds was set during the period when mining was predominantly alluvial, and extraction cost was relatively low,” Mthuli Ncube, minister of finance and economic development, explained in his budget statement. “However, diamond miners are [now] exploiting conglomerate deposits, hence the cost of extraction has significantly increased.”

Last year, the state-owned Zimbabwe Consolidated Diamond Company installed a crushing plant at Marange to help it process the harder rock. The nation plans to increase its annual production to 11 million carats by 2023, from 3.2 million carats in 2018, Reuters reported last month.

The state intends to introduce the lower royalty rate on January 1 with the goal of attracting investment in exploration and extraction. The country has also made progress in its plans to repeal an “indigenization” law limiting foreign ownership of diamond and platinum mines, Ncube continued.

Image: A stone from Zimbabwe during Rough Diamond Week at the Israel Diamond Exchange in 2016. (Shutterstock)

Medical aid these days
Zimbabwe central bank cuts main lending rate to 35% from 70% -statement

Post published in: Business

Zimbabwe central bank cuts main lending rate to 35% from 70% -statement – The Zimbabwean

19.11.2019 7:55

HARARE (Reuters) – Zimbabwe’s central bank cut its main lending rate to 35% from 70% effective Wednesday after a meeting of the monetary policy committee, which said the inflation outlook was positive despite a recent spike in prices.

The month-on-month inflation rate soared to a four-month high of 38.75% in October from 17.7% the previous month, propelled by a surge in the prices of food and alcoholic beverages.

Zimbabwe to Slash Diamond Royalty to 10%
Air Zimbabwe Acting Chief Signals Interest In European Routes

Post published in: Business

VIDEO: Irrefutable evidence of Zanu PF denying food to MDC supporters – The Zimbabwean

19.11.2019 10:56

Zanu PF MP for Chiredzi West, Farai Musikavanhu told the party’s supporters that no MDC people would be given the food which had been donated by the international community. He claimed the food was from President Emmerson Mnangagwa.

Medical aid these days

Post published in: Featured

Air Zimbabwe Acting Chief Signals Interest In European Routes – The Zimbabwean

Air Zimbabwe wants to fly to Europe next year. Photo: Bob Adams via Wikimedia

Air Zim coming to Europe in late 2020

Speaking at the Aviation Stakeholders Breakfast Meeting in Harare last week, Air Zimbabwe’s acting CEO was positive about the future of the airline. Mr Joseph Makonise spoke out at the meeting about their plans for Air Zimbabwe over the coming year. Bulawayo 24 reports that Mr Makonise said,

“We went through the national audit, we lost the IASA certification in 2016. We went for re-examination. We have completed this and very soon we should be getting our results before the end of the year. Once we get that approval then we are certain to start operations in Europe. We are looking at the last quarter of 2020.

Air Zimbabwe has been banned from Europe since 2017. In May that year, the European Commission added it to the list of airlines barred from operating in the European Union, stating that this was “due to unaddressed safety deficiencies that were detected by the European Safety Agency”.

The last time Air Zimbabwe flew to Europe was in 2012, when it discontinued its flights to London. This followed the seizure of one of its Boeing planes at Gatwick over an unpaid debt.

Controversial history

Air Zimbabwe has a colorful history, to say the least. From allegations of corruption and mismanagement to a decade of loss-making operations, Air Zim has served up something of an African soap opera to those keeping an eye on it.

Despite reports that the airline is in the process of acquiring two Boeing 777s from Malaysia Airlines, financially the airline is still in a state. Just last month it was banned from South African airports over an unpaid debt, although that situation does seem to have resolved itself now.

Air Zimbabwe 767Air Zimbabwe has a colorful history. Photo: Georgio via Wikimedia

More recently, there have been allegations of further issues, including some saying that the airline was supplying handwritten boarding passes. However, the airline called this out as fake news, saying a ground handling company produces boarding passes electronically at all times.

**The JNB/VFA route has not been re-introduced yet thus not on current schedule. An official announcement will be made once route is operational.

** The flight number cited does not exist on our UM flight codes for the mentioned JNB/VFA route.

**Boarding passes are produced electronically by a Ground Handling company at the respective airport and NOT by @FlyAirZimbabwe.

This fake message should thus be totally disregarded.

DM for any further inquiries.

Flying just one plane

Right now, the airline is limping along with not much to be happy for. Of the three planes it has, Nehandra Radio reports that it is flying just one. The other two are grounded over regulatory issues. The report quotes Mr Makonise as saying that,

“We have got one aircraft, you can start the engine, everything is working perfectly, but because this is a heavily-regulated industry we have to comply.

“We were supposed to do certain things to the aircraft and we have not done it and we parked it. We cannot fly it, we have to comply. We ran short of equipment. We have got equipment lying idle in South Africa. We are using one plane only, a very inappropriate aircraft.

“We could not stop our operations completely, being the only airline in the country. We believe in accordance to our six-year strategic plan if we get the right equipment, then we should be able to spruce up our operations. We took delivery of an Embraer on 30 April. It has not flown, we are also affected by sanctions, there is a know your customer approval. Those are issues beyond our control.”

Air Zimbabwe 737Air Zimbabwe is operating only one plane right now. Photo: Bob Adams via Wikimedia

The airline is currently under ‘reconstruction’, having had its $392m of debt ring-fenced. This means the airline can begin to rebuild its reputation, routes and network without needing to service this debt, at least for the time being. However, with only one plane in action and multiple regulatory hurdles to overcome, there’s a long way to go before we’ll be seeing Air Zim at European airports.

Zimbabwe central bank cuts main lending rate to 35% from 70% -statement
Govt states providing low salaries to workers is economically prudent

Post published in: Business

No training, no gloves: Zimbabwe’s desperate childbirths – The Zimbabwean

A hospital guard directed her to a tiny apartment in the poor suburb of Mbare nearby. The midwife: a grandmother with no formal training and claiming to be guided by the Holy Spirit.

Thirteen hours later, Kanyoza gave birth to a healthy baby girl.

“It was a miracle,” she told The Associated Press with a beaming smile. “I feared for the worst. I didn’t know what to do after finding the hospital closed.”

Mothers hold their babies delivered in a tiny apartment in the poor suburb of Mbare in Harare, Zimbabwe, Saturday, Nov. 16, 2019, with the help of 72-year old grandmother Esther Zinyoro Gwena. Grandmother Esther Zinyoro Gwena claims to be guided by the holy spirit and has become a local hero, as the country’s economic crisis forces closure of medical facilities, and mothers-to-be seek out untrained birth attendants.(AP Photo/Tsvangirayi Mukwazhi)

Her baby was one of dozens delivered in the past week alone with the help of 72-year-old Esther Zinyoro Gwena. She has become a local hero as the southern African country’s worst economic crisis in more than a decade is forcing desperate women to seek out traditional birth attendants who often deliver babies using their bare hands with no sterilization or post-natal care.

Some worried Zimbabweans say Gwena’s work only highlights the collapse of a health sector once regarded as one of the best in Africa. Doctors have been on strike for more than two months, seeking better pay than the roughly $100 they receive a month, and nurses and midwives in Harare walked off the job two weeks ago.

Since then, Gwena said, she has delivered more than 100 babies and no mothers have died. She doesn’t charge for her services and helping stranded pregnant women is her concern.

“I never trained as a midwife. I started by befriending pregnant women at the church and then eight years ago I just started delivering babies. It is the holy spirit,” she said.

“I have had no rest since the nurses’ strike started. The work is becoming too much for one person. I am even losing weight,” Gwena said.

She said she has been delivering up to 20 babies a day in her two-room apartment.

When the AP visited on Saturday, four pregnant women writhed in pain while sitting on blankets on the floor in the tiny living room-turned-maternity ward.

The bedroom is now the “recovery room” where several women holding newborn babies huddled on Gwena’s small bed.

“They need the bed more,” she said. “I rarely get time to sleep, they are always coming in … in the middle of the night.”

Neighbors, relatives of the pregnant women and some of Gwena’s children, who help clean the blood, fetch water from a nearby well and cook, sat on a bench. Others stood in the packed room.

“Make way, another one is coming,” one woman shouted. A heavily pregnant young woman walked in carrying a small plastic bucket, blanket and bag.

Less than two hours later, the number of pregnant women had swelled to 10, their bags piled in a corner. More stood in line in the hallway outside.

“I was apprehensive,” said Grace Musariri, one of the women in line. “But I have already seen four women leaving with their babies in the few hours I was here. The fear is gone.”

The makeshift maternity ward contained little but boxes of cotton and gloves donated by President Emmerson Mnangagwa’s wife, Auxillia, who visited on Friday after Gwena’s story made headlines in Zimbabwe’s state media.

Before her visit “I used my bare hands,” Gwena said. She asks women to bring their own razor blades, cord clamps and other items.

“My biggest challenges are space, water and protective clothing. I need help, and fast,” she told a team of senior health officials who visited on Saturday.

She told them she had delivered 15 babies overnight and seven more before lunchtime.

Zimbabwe judge issues landmark transgender rights ruling – The Zimbabwean

Ricky “Rikki” Nathanson (Washington Blade photo by Michael K. Lavers)

Police in the Zimbabwean city of Bulawayo in January 2014 arrested Ricky “Rikki” Nathanson after she used a women’s restroom in a hotel.

Nathanson — who is the founder of Trans Research, Education, Advocacy and Training (TREAT), a trans advocacy group in Zimbabwe — told the Washington Blade earlier this year she was kept in jail for three days. The Southern Africa Litigation Center, a South Africa-based group that supported Nathanson during her case, in a press release said she “was forced to undergo invasive and humiliating medical/physical examination (sic) and asked to remove her clothes in front of five male police officers in order to ‘verify her gender’” while in custody.

Nathanson in August 2014 filed a lawsuit against Zimbabwe’s Home Affairs minister, the commissioner of the Zimbabwe Republic Police, the assistant commissioner of the Bulawayo Central Police Station and the leader of the ruling Zimbabwe African National Union-Patriotic Front (ZANU-PF) party’s Youth League who instigated her arrest.

A three-day hearing in Nathanson’s lawsuit took place in the Bulawayo High Court in 2017. The judge who ruled in Nathanson’s favor awarded her $400,000 in damages for what the Southern Africa Litigation Center, described as “unlawful arrest, malicious prosecution and emotional distress.”

A Zimbabwean law firm represented Nathanson in court.

OutRight Action International, a global LGBTQ advocacy group, in a press release notes Nathanson’s case is the first time Zimbabwe’s “judiciary has recognized that gender does not have to be either male or female.”

“I was really, really, really, really excited and really happy,” Nathanson on Saturday told the Blade during an interview at the LGBTQ Victory Fund’s annual International LGBTQ Leaders Conference that took place at the JW Marriott Hotel in downtown D.C. “I was elated.”

Nathanson granted asylum in US, works at Casa Ruby

The judge ruled in Nathanson’s favor less than a year after the U.S. granted her asylum because of persecution she suffered in Zimbabwe.

Nathanson, who now lives in Rockville, Md., is the assistant to the chief of staff at Casa Ruby. OutRight Action International in September announced Nathanson had been named to its board of directors.

“There is hope,” said Nathanson when the Blade asked her about the impact of her case. “If you’re resilient and you stand up for what is right and you don’t give up and you are like a pit bull with your teeth stuck in something and you don’t ever let go, something gives and at the end you win.”

Nathanson added her case is “about the judgment and the principle” and not the financial settlement.

“I now know that I’ve changed the lives of millions and millions of other people by taking this one step,” she said.

No training, no gloves: Zimbabwe’s desperate childbirths
Zimbabweans reject further military coups

Post published in: Featured

Federal Appellate Courts — So Hot Right Now

Courts

The district courts can ‘dere’-lick this administration’s… yeah.

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From the Above the Law Network