Robert Mugabe: a complex legacy – The Zimbabwean

There is a deep fascination with him in the UK. Despite the drama of Brexit, his death was top news across the papers and TV channels. I was taken aback  when I saw his image on a massive news screen at King’s Cross station in London announcing his death. Once feted by the Queen, now almost universally reviled, what is it about the dramatic tragedy in the narrative of a transition from ‘hero’ to ‘villain’ that so captivates people, but also blinds us to the complexities of history?

This complexity, and the importance of a deeper history, comes across in some of the better reflections on his death. There is much that’s already been written, but there are a few articles that have stood out for me. The piece ‘Mugabe: a man of more than one story’, for example, highlights the multiple threads of a complex narrative, as does Alex Magaisa’s BSR piece, which urges us not to forget the victims of Mugabe’s regime. Perhaps surprisingly, but like many Zimbabweans of his age, Tendai Biti, once tortured by the regime, says ‘I don’t feel bitterness. I feel indebtedness’. The missed opportunities of the liberation are reflected on in many pieces, including by Fadzayi Mahere, who argues that he ‘killed the freedoms he had worked so hard for’. Roger Southall, meanwhile, reflects on his legacy alongside other liberation party leaders in the region, pointing out that he is ‘as divisive in death as he was in life’. A typically quirky take comes from Percy Zvomuya focusing on deeper family backgrounds and historical contingencies in the piece, Robert Mugabe: the leader who shouldn’t have been. And my favourite of all is the 2017 article by Everjoice Win, widely recirculated in the past days, which captured the moment around the ‘coup’, but seems even more apposite today, and reflects the feelings of many.

Why has Mugabe’s passing attracted so much attention, particularly internationally? Some while ago, Miles Tendi, a Zimbabwean scholar and professor at Oxford University, pointed to the roots of the media fascination with Mugabe in the UK:

“Mugabe is the British media’s bogeyman for everything that is wrong with Africa and one can never escape the naked reality that the fallout from ZANU-PF’s violent eviction of white farmers in Zimbabwe from 2000 onwards, many of whom were British descendants, continues to attract a disproportionate amount of international focus compared to other more severe crises…”

In a similar vein, back in 2008, the renowned Ugandan scholar, Mahmood Mamdani pointed out in his controversial essay for the London Review of Books:

“It is hard to think of a figure more reviled in the West than Robert Mugabe. Liberal and conservative commentators alike portray him as a brutal dictator…. There is no denying Mugabe’s authoritarianism, or his willingness to tolerate and even encourage the violent behaviour of his supporters…. [but this] gives us little sense of how Mugabe has managed to survive. For he has ruled not only by coercion but by consent, and his land reform measures, however harsh, have won him considerable popularity, not just in Zimbabwe but throughout southern Africa. In any case, the preoccupation with his character does little to illuminate the socio-historical issues involved”.

Mugabe’s death reminded me of the screening of Simon Bright’s film, Robert Mugabe… What Happened? at Sussex some years ago. An earlier blog observed that it is a powerful documentary, using fascinating archival footage, together with interviews with key figures in the opposition movement in Zimbabwe. It tells a sympathetic, historically-informed, but still highly critical, story about the man. With Mugabe gone, it is well worth watching again.

It is considerably more nuanced than much of the mainstream commentary that has emerged following his death. This typically follows the hero-to-villain storyline, often attached to the positive then evil influence of his two wives, Sally and Grace. Land reform in 2000 is often marked as the turning point, with the story of land reform being given the usual, misinformed gloss of disaster, turning Zimbabwe from ‘breadbasket to basket case’, the result of party cronies being given the land, and poorly qualified poor farmers making matters worse. I have largely ceased to engage with these narratives, coming from many who really should know much better by now, and I am not going to rehearse the argument again that these views are grossly misinformed here. There are now 360 blogs on Zimbabweland, and many more research articles besides, which together give a more nuanced story.

Too often in mainstream accounts, the role of the British in the Mugabe story is glossed over. Yet the British government’s complicity – for example in the silence about the massacres by the Fifth Brigade in Matabeleland in the 1980s – was significant. The failure of the British to push a more complete settlement at Lancaster House in 1979, and of course the diplomatic gaffe of the infamous ‘Clare Short letter’ in 1997, are all part of the picture. The resentments and hostility rose to a head in the late 1990s, as Mugabe and Blair locked horns. And, while commentaries are critical of white Rhodesia and Ian Smith’s UDI rule, they often do not explore the failure of a more complete reconciliation and integration of whites in the new Zimbabwe following Independence.

At our film screening panel discussion back in 2012, this was an issue tackled by Denis Norman, who served in Mugabe’s cabinet after Independence, and came from being the head of the white Commercial Farmers’ Union. He conceded that more could have been done back then, especially on land reform. There was an unwritten political contract between white farmers and the new state that whites could farm and make money, but not be involved in opposition politics, and land reform, despite the liberation war rhetoric, was parked. This fell apart with the launch of the MDC, and the support of white farmers of an opposition movement. The failure of the donor-brokered land conference in 1998 was a key moment, as no side was willing to compromise. The land invasions that followed were then perhaps inevitable.

As a number of the more sophisticated commentaries highlight, countering the hero-to-villain narrative means emphasising the continuities in the way politics have been played out in Zimbabwe since Independence, with Mugabe at the centre. A lack of tolerance of alternative views, violence and oppression have all been a consistent pattern, and stretch into the the pre-Independence period and the nationalist struggle (and indeed in particular the ‘struggles within the struggle’). A transition from militarised, violent liberation war struggle to peaceful, democratic governance did not happen.

It is not a question of seeing a golden age of the 1980s to contrast with the period since 2000. While there have been important changes, there are also repeated patterns. This is why the much-hailed 2017 ‘coup’ was doomed to failure, and perhaps no surprise that the Mnangagwa regime has seen much continuity, notably in violent repression of opposition forces. This is of course why a democratic transition, with a strong constitutional base, remains so critical; to shed once and for all this violent history.

In assessing Mugabe’s complex legacy, the positive legacies of massively improved education and health services for all in the 1980s and land redistribution to smallholders, especially post-2000, have to balanced against the persistent use of violence, gross economic mismanagement and the failure to develop a democratic state. As opposition politician, Tendai Biti, noted on his death, Mugabe was a ‘coalition of controversies’.

This post was written by Ian Scoones and first appeared on Zimbabweland

Photo credit: President of Zimbabwe Addresses UN General Assembly, 25 Sep 2009. UN Photo/Marco Castro. www.unmultimedia.org/photo/ via flickr)

Moyo expected Old Mutual to “respect the rule of law”
Robert Mugabe died a ‘very bitter’ man, nephew says

Post published in: Featured

Robert Mugabe died a ‘very bitter’ man, nephew says – The Zimbabwean

Robert Mugabe was ousted by a military coup in 2017 after nearly four decades in power

Robert Mugabe’s nephew has said the former Zimbabwean leader died a “very bitter” man.

Mr Mugabe, who died aged 95 last week, led Zimbabwe for nearly four decades until he was ousted by a coup in 2017.

“Imagine people you trusted – people that were guarding you, looking after you – [turning] against you,” Leo Mugabe said.

“He was very bitter and it dented his legacy,” he told the BBC from his uncle’s rural home.

“It was not an easy thing for him to take,” he added.

Initially praised for broadening access to health and education for the black majority, Mr Mugabe later used violence against his political opponents and presided over Zimbabwe’s economic ruin.

He was removed from office after he fired his deputy, with many fearing he was preparing for his wife, Grace Mugabe, to succeed him.

His former deputy, Emmerson Mnangagwa, then became president after the army intervened and forced Mr Mugabe to step down.

The long-serving president’s legacy has been the subject of fierce debate since he died.

A man buys a daily newspaper at a stand on the streets of Nairobi following Robert Mugabe's deathRobert Mugabe’s legacy has been fiercely debated since his death in Singapore last week

When will the funeral take place?

Mr Mugabe’s death at a hospital in Singapore on Friday followed a long illness. He had been receiving medical care in the city since April.

Close relatives and government officials have travelled to the city and his remains are due to be returned to Zimbabwe on Wednesday.

His body is expected to be taken to his home village, which is about 80km (50 miles) west of the capital Harare, for an overnight wake.

His official funeral will take place on Saturday at the 60,000 capacity National Sports Stadium in Harare, according to government officials.

Zimbabwean and global reaction to Mugabe’s death

But there has reportedly been disagreement over where Mr Mugabe will be buried.

Some of his relatives want him to be buried at his rural homestead in the village of Kutama in Mashonaland West province. But government officials have pushed for a burial at a shrine near Harare.

Most of Zimbabwe’s national heroes – those who fought against white-minority rule – are buried at the Heroes’ Acre shrine just outside of the city.

“The [traditional] chiefs will bury him on Sunday, where I don’t know,” Leo Mugabe told AFP news agency on Monday.

If Mr Mugabe is buried at his rural home, it would represent a final snub to the comrades he believed betrayed him, the BBC’s Shingai Nyoka in Harare says.

Who was Robert Mugabe?

He was born on 21 February 1924 in what was then Southern Rhodesia – a British colony, run by its white minority.

After criticising the government of Rhodesia in 1964 he was imprisoned for more than a decade without trial.

Once released, he headed to Mozambique, from where he directed guerrilla raids into Rhodesia but he was also seen as a skilled negotiator.

Political agreements to end the crisis resulted in the new independent Republic of Zimbabwe.

Mugabe: From war hero to resignation

With his high profile in the independence movement, Mr Mugabe secured an overwhelming victory in the republic’s first election in 1980.

But over his decades in power, international perceptions soured. Mr Mugabe assumed the reputation of a “strongman” leader – all-powerful, ruling by threats and violence but with a strong base of support. An increasing number of critics labelled him a dictator.

He famously declared that only God could remove him from office.

He was forced into sharing power in 2009 amid economic collapse, installing rival Morgan Tsvangirai as prime minister.

But in 2017, amid concerns that he was grooming his wife Grace as his successor, the army – his long-time ally – turned against the president and forced him to step down.

Robert Mugabe: a complex legacy
Zimbabwe begins national mourning for hero-turned-despot Mugabe

Post published in: Featured

An Interview With Leadership Speaker And Podcaster Nicole Abboud-Shayan

Nicole Abboud-Shayan (Image via LinkedIn)

After an unplanned two-month hiatus from this column, I am excited to be back with a ton of fresh new content for you (because let’s be honest, there is only so much writing about law school and the bar exam one gal can do). 

I’m particularly pumped about this new “An Interview With” series that will publish at least once a month. In this series, I will connect with people from all parts of the legal profession and at all stages of their legal career.  We will learn more about who really makes up the legal community and what people are actually doing with their legal degrees. 

Now, let’s get this series kicked off with Leadership Speaker and Podcaster, Nicole Abboud-Shayan. Nicole, a 2011 Southwestern Law School grad, is an inclusive leadership speaker and host of The Gen Y Lawyer Podcast. Nicole has spoken at places such as the Clio Cloud Conference and Lawyernomics by Avvo. 

In the following interview, you will learn about Nicole’s journey to becoming a Leadership Speaker and Podcaster and how her law degree and legal career got her there.

Q: Why did you go to law school? 

A: I wanted to help people and I believed that law school would put me in the best position to do that. I knew that understanding the law would provide the power and authority to speak up for others. For whatever reason, I’ve always had an innate ability to determine what’s fair, and I believed that law school would help me hone that character trait to better serve others. 

The more I reflect on why I decided to go to law school, the more I realize the following truth (and listen up because not many people share this): I wanted to become a lawyer all of my life, but I never stopped to honestly evaluate if that’s what I truly wanted. I didn’t know any lawyers when I was growing up so I never actually spoke to a real one to find out what their lives and work entailed. Although I’m not sure my 20-year-old self would have considered anything other than attending law school, sometimes I wonder how different my life would be had I just taken a few years off after college to explore other interests and gain real-world experience. Taking time off to find yourself isn’t exactly encouraged when you’re in college. But alas, everything happens the way it’s supposed to. Aside from my massive student loan debt, I don’t regret attending law school whatsoever. I’m smarter, stronger, and more capable because of what I learned and the skills I gained. 

Q: Describe your legal from graduation to what you are currently doing today

A: I don’t want to bore everyone with the minutiae of how I went from a totally unhappy lawyer to quitting the law, growing a business, and transitioning to where I am today. So I’ll share the CliffsNotes version (please tell me you remember CliffsNotes and my Millennial references aren’t completely lost on today’s generation?).

It took a whole three months for me to realize that being a lawyer is not what I wanted to do for the rest of my life. I can’t exactly explain what it was but I had a feeling in my stomach that there was something more, something else out there for me to do. Five years and several different practice areas later, I finally made the leap out of the practice of law and into entrepreneurship. I launched my business, Abboud Media, and focused my efforts on helping lawyers and law firms amplify their thought leadership and market their practices using videos and podcasts. We became a full-production agency. Now, two years later, my company continues to evolve as I grow into my role as a public speaker and podcaster. 

Q: Describe what your typical workday looks like

A: I don’t really have typical workdays, but I do tend to have typical work weeks. I like to establish three major goals for each week. So I spend Sundays thinking about the upcoming week and jotting down my “To-Do” List. Some weeks are busier than others, but for the most part, I typically have several podcast interviews to conduct. For that, I schedule time to research my guests and prepare for each interview. I allot time for editing and preparing the show for its Monday publication. 

When I wake up every day, I try my hardest to start the day with 10 minutes of meditation but that doesn’t always work out (it’s a work in progress). 

I usually have one or two major conferences that I speak at every couple of months so I schedule time to prepare for my presentations and keynote addresses. When I’m not prepping, I’m usually working on outreach and development and trying to secure future speaking engagements.  I try to attend one or two networking events each week, whether it’s bar association mixers or one-on-one lunch meetings with new or old connections.

I also serve on several boards so I attend any meetings scheduled that week. I listen to personal development podcasts while I drive and check in with my mastermind group each week. When I’ve completed my major projects for the week, I treat myself to some good ‘ol fashioned Netflix binging. And of course I try to exercise about three-four times per week, and I spend all other times with my husband.

Q: What challenges did you face in your decision to go a non-traditional path with your law degree (i.e., mental/emotional/ financial/ outside pressure from family friends/ know-how, etc.)?

A: There were many. The first was my own personal struggle with my professional identity. I lived with the dream of wanting to become a lawyer all of my life and then held on to that identity when I finally became a practicing attorney for five years. So it was difficult to learn how to shed that part of my identity when I decided to part ways with the practice of law. There was certainly a huge element of pride and ego wrapped up in being a lawyer. That was difficult to work through. Thankfully, that tight grip that I had on my lawyer-identity loosened over the years and I learned that being a lawyer will always be a part of me even if I’m not practicing. I had to release that part of me that was not working in order to find my true, whole self. 

Another less unexpected challenge was my financial journey following shutting down my law practice. Although there are many jobs lawyers can obtain that provide whatever desired salary they wish to make, I chose to jump into entrepreneurship. If there’s one thing you should know about entrepreneurship, it’s that it will rarely provide the type of financial security you need or desire. At least not at first. So when I first launched my business, my challenge was figuring out how to make money and allocate whatever money I did make appropriately until my business was up and running. 

Q: Do you think you’ll ever go back to practicing law? 

A: If I’ve learned anything over the years, it’s to never say “never.” It’s impossible to predict the future, so even though I don’t foresee myself ever going back to practicing law, it’s always uncertain what the future holds for me. I’m self-aware enough to know that practicing law wasn’t the right path for me and didn’t suit my strengths. So barring any crazy change in personality in the future, I highly doubt I’ll return to the practice of law.

Q: What advice do you have for someone who is interested in doing something non-traditional with their law career (whether a law student or someone looking to make a career change)?

A: I think the first step is to stop thinking that not practicing law is “non-traditional” since people who obtain their JDs are able to use their degrees in various unique and interesting ways outside the legal profession. This is  becoming the new “traditional.” Not committing to practicing law for your entire career is becoming more common and acceptable as more lawyers are finding non-legal positions that allow them to still use their legal knowledge and skills. 

Second, my advice would be: just go for it. If you have an interest in something, you owe it to your future self to explore that interest. That doesn’t mean completely dropping out of law school or quitting the law just yet, but it does warrant some research. I’m all about exploring your curiosities. Take some time either on the weekends, at the end of your workday, or when you have some free time to research your interests. Reach out to people who are already occupying the space you wish to be in and chat with them. Ask them how they like it and why. Find out why you’re attracted to another career. There are too many free resources available for you to not arm yourself with as much knowledge as you can before making a life-changing decision. 

You can learn more about Nicole here.

Know someone who would be great to profile in this series? Send an email to info@vincoprep.com with “An Interview With” in the subject line. 


Kerriann Stout is a millennial law school professor and founder of Vinco (a bar exam coaching company) who is generationally trapped between her students and colleagues. Kerriann has helped hundreds of students survive law school and the bar exam with less stress and more confidence. She lives, works, and writes in the northeast. You can reach her by email at info@vincoprep.com.

Nailing The Competition? Trademark Infringement, Keyword Advertising, And A New Take On An Old Problem

The internet has transformed everything from information access and communication (email, social media, etc.) to shopping, but in the process, it has also pushed the boundaries of trademark law as well. One of the ways this has occurred involves what is known as keyword advertising — a form of online advertising whereby the advertiser pays to have an advertisement appear in a search results listing when specific words or phrases are used in the search. It makes sense that advertisers would want to use such a mechanism — it gets their brand in front of consumers who are searching for such goods or services right then and there.  When the search terms bid on by advertisers involve the trademarks of another party (especially a competitor), however, things get a bit harder to nail down, and trademark owners have been none too happy about it.

As you can appreciate, trademark owners did not take too kindly to the use of their trademarks by search engine programs in keyword advertising, and they have sued not only the search engines selling search terms incorporating their trademarks but the advertisers who have purchased such keywords as well.  The problem is that the courts have not really sided with the trademark owners in such keyword cases.  Why?  It really comes down to likelihood of confusion — whether an ordinary consumer shopping online would be likely to be confused as to the source of origin of the goods from the keyword-served advertisement. From trademarks involving contact lenses to software, the circuit courts have generally held no likelihood of confusion over ads generated from keyword advertising based on another’s trademarks.  That said, likelihood of confusion can occur under certain circumstances where trademarks are used in other contexts as well as in keywords, such as in advertisement text or domain names. I fully realize that this scratches the surface as a summary of the law in the area, but the point is that trademark infringement involving keyword advertising is not an easy nail to drive so to speak, which make the most recent case all the more intriguing.

Many of you have seen ads for personal injury lawyers, but if any of you have spent any time in Texas whatsoever, you have probably seen the ads for Texas personal injury attorney Jim Adler.  Advertising himself as “The Texas Hammer,” as well as “The Hammer” and “El Martillo Tejano,” his ads for personal injury legal services are legend in Texas, and he has become quite well known as a personal injury attorney as a result.   He owns federal trademark registrations for the trademarks “The Texas Hammer,” Reg. No. 3,503,851 and its Spanish translation “El Martillo Tejano,” Reg. No. 3,503,852, both alleging use since 2002, and “The Hammer,” Reg. No. 3,730,395, alleging use since March 2009.  He also has a federal trademark application pending based upon intent-to-use for “The Hammer Lawyer,” Ser. No. 8,8572,196 (collectively, these trademarks are referred to in this article as the “Adler Marks”).  Needless to say, Mr. Adler has spent a great deal of time and money to establish his unique legal services brand under the Adler Marks, so it should come as no surprise to see lawsuits filed on behalf of his law firm and himself in the U.S. District Court for the Northern District of Texas against four different defendants alleging trademark infringement for use of his trademarks in keyword advertising on mobile devices.

Unlike other cases, the facts underlying these near-identical complaints appear to go beyond mere comparative advertising.  Here is an excerpt from the Statement of the Case in one of the cases, Jim S. Adler, P.C. and Jim Adler v. Alliance Industry Group, et als., Civil Action No. 3:19-cv-2023, that outlines the allegations succinctly:

This lawsuit arises out of Defendants’ intentional use of Plaintiffs’ registered trademarks to knowingly deceive and confuse consumers who are searching specifically for Plaintiffs using a mobile device. Defendants’ fraudulent scheme involves buying keyword ads using Plaintiffs’ registered marks for Google searches made from mobile devices, and using them in conjunction with confusingly similar or generic “click-to-call” ads. “Click-to-call” ads are a relatively new tool for search engine advertising. The “click-to-call” ads target mobile devices and users, and instead of linking to a website, once tapped by a consumer, the ad causes the device to call a predetermined phone number.

The complaint goes into greater detail involving the allegations, but the gist is that the defendants operate legal referral services that use call centers to refer cases called in to the call center to law firms/lawyers with whom they have a legal relationship (such as a referral agreement).  By purchasing keywords including the Adler Marks, the complaints allege that the competing “click-to-call” ads on mobile devices can cause confusion to the consumer doing the search, not realizing that the number they are clicking to call on their mobile device is not Mr. Adler’s law firm. In essence, the complaints allege that the defendants are trading upon the goodwill behind the Adler Marks (as well as Mr. Adler’s reputation) to ostensibly induce calls to their call centers.  In addition, the complaints allege that the defendants’ practice is bidding-up the cost for the Adler Marks’ fun keyword advertising, resulting in Mr. Adler’s law firm apparently getting “hammered” itself by increased costs for its own internet advertising.  Ouch.

As you can see, these cases involve more than just simple keyword ad servicing — they are specific to the use of trademarks in keyword advertising on mobile devices to allegedly confuse consumers seeking a personal injury lawyer into calling a competing lawyer on their mobile device. It will be interesting to see how the plaintiffs overcome the hurdles presented by existing caselaw on likelihood of confusion, given that the ads generated by the defendants appear general to personal injury legal services for vehicle accidents and do not use the Adler Marks within them.  How these cases will turn out is anyone’s guess, but existing caselaw is not necessarily on Mr. Adler’s side.  That said, the facts alleged involve more than your typical trademark infringement/keyword advertising case, and the nature of the “click-to-call” ads may be enough to tilt the issues presented in his favor.  These cases are definitely worth watching.  You never know — when it comes to evolving the law regarding trademark infringement in keyword advertising on mobile devices, these cases may just hit the nail on the head.


Tom Kulik is an Intellectual Property & Information Technology Partner at the Dallas-based law firm of Scheef & Stone, LLP. In private practice for over 20 years, Tom is a sought-after technology lawyer who uses his industry experience as a former computer systems engineer to creatively counsel and help his clients navigate the complexities of law and technology in their business. News outlets reach out to Tom for his insight, and he has been quoted by national media organizations. Get in touch with Tom on Twitter (@LegalIntangibls) or Facebook (www.facebook.com/technologylawyer), or contact him directly at tom.kulik@solidcounsel.com.

Zimbabwe begins national mourning for hero-turned-despot Mugabe – The Zimbabwean

Zimbabwe was on Saturday due to begin a period of national mourning following the death of Robert Mugabe, the former guerrilla hero turned despot who ruled Zimbabwe for 37 years.

As Zimbabweans expressed sharply divided opinions about Mugabe, President Emmerson Mnangagwa said his predecessor had been declared a “national hero” and that Zimbabwe would mourn him until the burial.

“The late departed icon will be eternally remembered and honoured for the bold and historic land reform programme which he undertook,” said Mnangagwa during a national address broadcast on television.

Mugabe, 95, passed away on Friday at 0240 GMT in Singapore, where he had been hospitalised in April.

First heralded as a liberator who rid the former British colony Rhodesia of white minority rule, Mugabe used repression and fear to govern until he was finally ousted by his previously loyal generals in November 2017.

His increasingly tyrannical leadership and economic mismanagement prompted millions to leave the country.

He had been battling ill health, and after a humiliating fall from office, his stamina seeped away rapidly.

Some Zimbabweans hailed him as a “true African” and a “revolutionary icon”. For others, however, his named evoked only “evil”, “destruction” and “suffering”.

“Mugabe was an educated man but he used his education for evil,” said Baster Magwizi, a war veteran in the southwestern city of Bulawayo.

“He manipulated everyone around him and fooled the world, only Zimbabweans can testify to this as we lived in hell under his leadership,” he said.

But Harare schoolteacher Tatenda Musoni was forgiving.

“To be honest I thought I would celebrate when he died but… I’m actually sad because he was an embodiment of what a true African should be.

“He had his flaws but he did a lot of positive things for us which I doubt we will ever see again in this country.”

Adam Molai, Mugabe’s nephew, said the former president died of old age “surrounded by family”.

Zimbabwe Puts Another Nail In An Increasingly Crowded Keynesian Coffin – The Zimbabwean

Riot police arrest and forcibly apprehend protestors during protests in Harare, Friday, Aug. 16, 2019. The main opposition Movement For Democratic Change party is holding protests over deteriorating economic conditions in the country as well as to try and force Zimbabwean President Emmerson Mnangagwa to set up a transitional authority to address the crisis and organize credible elections. (AP Photo/Tsvangirayi Mukwazhi)

ASSOCIATED PRESS

Where are the Zimbabweans? According to Financial Times reporter Joseph Cotterill, millions can be found in neighboring South Africa, along with other more economically vibrant locales. Cotterill notes that the Zimbabwean “diaspora” is the result of “decades of turmoil” within the formerly prosperous country.

That more and more Zimbabweans exit their country in order to work rates discussion in consideration of how all too many economists and politicians think of economic growth. According to those with a Keynesian orientation, it’s consumption that powers growth. Others, of the monetarist persuasion, believe that growth in so-called “money supply” is what keeps the economy moving. Neither religion acknowledges that both consumption and money aren’t instigators of growth as much as they’re a consequence of it.

If consumption and soaring money supply were certain growth ingredients, prosperity would be simple. Politicians could demand that the citizenry consume more, and to enable the buying, they would instruct a central monetary authority to boost money in circulation. Of course to anyone with a pulse, such a scenario would fail with blinding speed. Most of us intuitively know that our ability to consume is a function of our ability to produce. To pretend otherwise is the equivalent of assuming the only difference between Lake Forest and Cabrini Green is that government-engineered money supply increases in the former enable greater consumption than takes place in the latter. No, money supply is abundant in Lake Forest, and so is consumption, precisely because the residents of Lake Forest are rather productive. Zimbabwe instructs on the matter.

According to Cotterill, remittances from Zimbabwean expats account for at least $1.9 billion worth of GDP, or 9.6 percent. Zimbabweans are able to consume more and more thanks to production of Zimbabweans not working in Zimbabwe. This is an important distinction to make. Paul Krugman argues endlessly for increased government spending to boost economic growth, but does so without acknowledging that the growth already occurred. Governments can only spend insofar as economic growth showers them with revenues to spend. Production first, then the spending.

To Keynesians like Krugman, the answer is always more outlays from politicians. If there’s consumption, prosperity will ensue. Zimbabwe is a reminder of how unrealistic such a belief is. No doubt Zimbabweans are able to consume wealth to a greater degree than they produce wealth, but this ability to buy in greater amounts isn’t thanks to magic; rather it’s a consequence of the productivity of Zimbabweans toiling outside of the country. To be clear, there’s no such thing as consuming. Behind every act of consumption, whether it’s government enabled or enabled through remittances, is an act of production first.

Readers might consider the above the next time they witness some economist or politician on TV talking about boosting the economy through more government spending. They’re confused, or they’re lying. They can do no such thing. The consumption they aim to generate through government largesse is only possible insofar as private actors produced the wealth first. Government spending can’t stimulate growth as much as government can arrogate to itself the right to allocate wealth already created; usually at the expense of entrepreneurs and businesses. Never forget that entrepreneurs compete with consumers (private individuals, along with governments that confiscate wealth in order to shift consumption to others) for always limited resources.

Considering money, it too has no use absent production. Money can’t be eaten, or slept with; instead money is just an agreement about value among producers, along with those empowered to consume as producers do thanks to shifts of money. In Zimbabwe’s case, money has use there to a high degree because of production that doesn’t take place there. As Florence Ncube explained it to Cotterill, there “is no food that side,” as in little food produced in Zimbabwe. Groceries are purchased in South Africa, and then sent to Zimbabwe. Money supply can be found in Zimbabwe not because some central bank decreed it, but once again because of production that didn’t place in Zimbabwe. Money earned outside of Zimbabwe, and goods and services produced outside of the country, give money a purpose in Zimbabwe.  Production first, then money supply. Monetarists, like Keynesians, get the drivers of economic growth backwards.

Readers might remember this the next time some wise pundit or economist in a developed country laments impossibilities like “money shortages” or “insufficient money supply” in countries they don’t live in. The reality is that money, like consumption, is a consequence of production. Where there’s production there will always be abundant money to facilitate exchange of it, and where there’s little production is where money will always be scarce. Politicians and central bankers can’t alter economic reality through magic despite what we’re told.

Bringing it back to Zimbabwe, it has neither a problem of insufficient demand nor insufficient money supply as the twin ideologies that are Keynesianism and Monetarism would contend. What really ails Zimbabwe is a lack of production; the latter increasingly being made up for by enterprising Zimbabweans living and working outside their home country.

Zimbabwe begins national mourning for hero-turned-despot Mugabe
Mugabe’s death can be the start of Zimbabwe’s healing process

Post published in: Business

Mugabe’s death can be the start of Zimbabwe’s healing process – The Zimbabwean

‘Mugabe’s legacy will continue to be contested between those who revere him and those who revile him.’ A woman in Harare walks past a wall with ‘Mugabe’ scrawled on it. Photograph: Philimon Bulawayo/Reuters

Zimbabwe’s founding leader, Robert Gabriel Mugabe, has died. The widespread reaction to his death has revealed starkly the divided legacy he leaves behind. From one viewpoint he is Zimbabwe’s founding father, the man who led his comrades through an armed struggle for the liberation of Zimbabwe’s black majority from Rhodesian white-minority rule. His achievements in those early, heady years of independence were exemplary, with emphasis on health, education and women’s empowerment, thus opening up possibilities to many Zimbabweans, particularly the rural poor, who were shut out from Rhodesia’s opportunities.

From another viewpoint, he is the hero who became a villain, his 37-year rule characterised by massive human rights abuses, from the Gukurahundi massacres and persecution of supporters of the rival Zapu party of Joshua Nkomo just after independence, to the persecution of perceived enemies, both in the opposition and within his own party, whom he considered threats to his power. Even the land reform programme, much admired across Africa for restoring land to its rightful owners, was implemented amid chaos and violence.

This reform was meant to empower Zimbabweans, but it also isolated the country and impoverished the very people it was meant to support: swift sanctions soon followed from the west that, together with Mugabe’s own inconsistent economic policies and widespread corruption in his government, plunged the economy into an almost permanent recession for nearly two decades.

Mugabe’s legacy will continue to be contested between those who revere him and those who revile him, but what matters most now is how Zimbabwe’s new president handles that legacy. As Emmerson Mnangagwa prepares to bury his predecessor, he must also bury those aspects of the Mugabe presidency that polarised Zimbabweans, and those policies and attitudes that pauperised this once prosperous nation.

 ‘As Emmerson Mnangagwa prepares to bury his predecessor, he must also bury those aspects of the Mugabe presidency that polarised Zimbabweans.’ Photograph: Tafadzwa Ufumeli/Getty Images

Mnangagwa has promised that his governance will bring a “new dispensation”, and has marked his era as that of the Second Republic. But if he is to avoid the fate of France’s Second Republic, in which the first citizen soon became the third emperor, Mnangagwa must bury the imperial presidency along with Mugabe.

The Gukurahundi massacres remain a sore wound that cannot be ignored. To end the violence, in 1987 Nkomo chose unity and peace over justice and entered into a political alliance with Mugabe. This political fix may have satisfied the establishment, but the wounds of Gukurahundi and other rights violations still fester. In 2018, Mnangagwa appointed a peace and reconciliation commission that before then had existed only in law, but he needs to expedite its work and to guarantee that its recommendations, however far-reaching, will be respected and that it will be transparent and free of political influence.

Burying Mugabe’s legacy also requires Mnangagwa to implement his own election promises. Zimbabwe needs constitutional reforms to make sure that future election results are not contested. Among the most urgent matters are 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.

A key feature of Mugabe’s rule was the conflation of party with government, and with state. This has meant outrages such as the selective application of the law and the abuse of food aid meant for the poor. Zimbabwe needs to adopt the principle common in advanced democracies that a president governs for his people, not just for his party. In particular, Mnangagwa has promised “zero tolerance” of corruption – but as long as some of his closest allies and top civil servants are shielded from investigation and prosecution, he will be considered no different to Mugabe.

The language of hate was a hallmark of Mugabe’s regime, along with crude propaganda. Particularly when Zimbabweans are suffering, as they have been from austerity measures, the president needs to find words of empathy and inclusiveness.

The one area in which Mnangagwa has shown a marked departure from his predecessor (and in which I was recently an external consultant on investment law policy and promotion) is in his outward-looking foreign policy. He has shown a willingness to open up Zimbabwe to all investors and to re-engage with even those nations with which Zimbabwe had disputes, both over land and over human rights. Yet without addressing corruption, human rights abuses – both past and continuing – and without engaging with compassion the millions of Zimbabweans who feel both disenfranchised and disenchanted, Mnangagwa will not succeed.

The president recently launched Vision 2030, an economic programme that aims to see Zimbabwe become an “upper-middle income economy” by 2030. Significantly, this programme will end after his own term in office, even if he runs again in 2023. If he is to succeed where Mugabe failed, Mnangagwa needs a vision that goes well beyond 2030.

The choice before him is clear: he can be Zimbabwe’s second Mugabe, with the same attitudes and policies, leading his country further down the path to isolation, internal division and economic misery. Or he can be the president who heals Zimbabwe, and puts it back on the path to prosperity and anchors it in real democracy, who guarantees the rights and freedoms of those who disagree with him, and who wins the grudging respect of even his bitterest opponents. As Mnangagwa buries Mugabe, he needs to look beyond the short-term temptations of power and instead focus on how history will remember him.

 Petina Gappah is an international lawyer and author

States pass record number of laws to reel in drug prices – MedCity News

Whether Congress will act this year to address the affordability of prescription drugs — a high priority among voters — remains uncertain. But states aren’t waiting.

So far this year, 33 states have enacted a record 51 laws to address drug prices, affordability and access. That tops the previous record of 45 laws enacted in 28 states set just last year, according to the National Academy for State Health Policy, a nonprofit advocacy group that develops model legislation and promotes such laws.

Among the new measures are those that authorize importing prescription drugs, screen for excessive price increases by drug companies and establish oversight boards to set the prices states will pay for drugs.

“Legislative activity in this area is escalating,” said Trish Riley, NASHP’s executive director. “This year, some states moved to launch programs that directly impact what they and consumers pay for high-cost drugs.”

And more laws could be coming before year’s end. Of the handful of states still in legislative session — including California, Massachusetts, Michigan, New Jersey, Ohio and Pennsylvania — debate continues on dozens of prescription drug bills. In New Jersey alone, some 20 proposed laws are under consideration.

“Both Democrat and Republican leaders have shown a willingness to pursue strong measures that help consumers but also protect state taxpayer dollars,” said Hemi Tewarson, director of the National Governors Association’s health programs.

Riley, Tewarson and others note, however, that states can go only so far in addressing rising drug prices, and that federal legislation would be necessary to have a major impact on the way the marketplace works.

Federal lawmakers are keeping a close eye on the state initiatives, Tewarson said, to gauge where legislative compromise may lie — even as Congress debates more than a dozen bills that target drug costs. Political divisiveness, a packed congressional schedule and a looming election year could stall momentum at the federal level.

The pharmaceutical industry has opposed most — though not all — state bills, said Priscilla VanderVeer, a spokeswoman for the Pharmaceutical Research and Manufacturers of America, the industry’s main trade group.

“We agree that what consumers now pay for drugs out-of-pocket is a serious problem,” said VanderVeer. “Many states have passed bills that look good on paper but that we don’t believe will save consumers money.”

Limiting Gag Rules For Pharmacists

At least 16 states have enacted 20 laws governing the behavior of pharmacy benefit managers. The so-called PBMs serve as middlemen among drugmakers, insurance companies and pharmacies, largely with pharmaceutical industry support.

Those laws add to the 28 passed in 2018. Most of the new laws ban “gag clauses” that some PBMs impose on pharmacists. The clauses, written into pharmacy contracts, stop pharmacists from discussing with customers whether a drug’s cash price would be lower than its out-of-pocket cost under insurance.

With widespread public outrage over gag clauses pushing states to act, federal lawmakers got the message. In October, Congress passed a federal law banning such clauses in PBM-pharmacy contracts nationwide and under the Medicare Part D prescription drug benefit. The Senate passed it 98-2.

Even so, many of this year’s PBM laws contain additional gag clause limitations that go beyond the 2018 federal law.

Importing Cheaper Drugs

Four states — Colorado, Florida, Maine and Vermont — this year have enacted measures to establish programs to import cheaper prescription drugs from Canada and, in Florida’s case, potentially other countries. Six other states are considering such legislation.

Medicines in Canada and other countries are less expensive because those nations negotiate directly with drugmakers to set prices.

“This is an area where states once feared to tread,” said Jane Horvath, a consultant who has advised Maryland and Oregon, among other states, on prescription drug policy. “Now both Republicans and Democrats view it as a way to infuse more price competition into the marketplace.”

Hurdles remain, however. A 2003 law allows states to import cheaper drugs from Canada but only if the federal Health and Human Services Department approves a state’s plan and certifies its safety. Between 2004 and 2009, the federal government halted nascent drug import efforts in five states.

Even so, momentum for importation has built in recent years in states and Congress as drug prices have continued to rise. And the Trump administration this summer threw its support behind the idea.

Florida Gov. Ron DeSantis, a Republican and close ally of President Donald Trump’s, signed his state’s measure into law on June 11, claiming he did so after Trump personally promised him the White House would back the initiative.

On July 31, HHS announced an “action plan” to “lay the foundation for safe importation of certain prescription drugs.” The plan includes a process to authorize state initiatives. It also requires formal regulatory review, including establishing Food and Drug Administration safety criteria. That process could take up to two years.

Two big problems remain: In the weeks since the announcement, the Canadian government has opposed any plan that would rely solely on Canada as a source of imported drugs. The pharmaceutical industry also opposes the plan.

Creating Drug Affordability Boards

Maryland and Maine enacted laws this year that establish state agencies to review the costs of drugs and take action against those whose price increases exceed a certain threshold.

New Jersey and Massachusetts are debating similar legislation this year.

Maryland’s law establishes a five-member board to review the list prices and costs of drugs purchased by the state and Maryland’s county and local governments. The board will probe drugs that increase in price by $3,000 or more per year and new medicines that enter the market costing $30,000 or more per year or over the course of treatment.

If approved by future legislation, upper payment limits on drugs with excessive price increases or annual costs would take effect in January 2022.

“My constituents have signaled loud and clear that bringing drug prices down is one of their top priorities,” said state Sen. Katherine Klausmeier, a Democrat representing Baltimore, who sponsored the legislation.

Maine’s law also establishes a five-member board. Beginning in 2021, the board will set annual spending targets for drugs purchased by the state and local governments.

Increasing Price Transparency

This year, four states — Colorado, Oregon, Texas and Washington — became the latest to enact laws requiring drug companies to provide information to states and consumers on the list prices of drugs and planned price increases.

The majority of states now have such transparency laws, and most post the data on public websites. The details vary, but all states with such laws seek to identify drugs with price increases above 10% or more a year, and drugs with price increases above set dollar values.

Oregon’s new law, for example, requires manufacturers to notify the state 60 days in advance of any planned increase of 10% or more in the price of brand-name drugs, and any 25% or greater increase in the price of generic drugs.

“That 60-days’ notice was very important to us,” said Rep. Andrea Salinas, chair of the Oregon House’s health committee, who represents Lake Oswego. “It gives doctors and patients advance notice and a chance to adjust and consider what to do.”

Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation which is not affiliated with Kaiser Permanente.

Take A Walk On The Business Side: On The Mythology Of The ‘Recovering Lawyer’

(Image via Getty)

“So, you’re a recovering lawyer, too? Congratulations on getting out!” I hear it all the time from well-meaning friends and strangers. It’s a familiar greeting for us former lawyers, whether in our past lives we were Biglaw associates, Fortune 500 lawyers, or a pre-IPO hot startup general counsel who now leads a business function at a blockchain startup.

Sometimes, I respond with a smile and say nothing. Other times I cheerfully assert, again with a friendly smile, “Once a lawyer, always a lawyer! And I’ve always been a happy one, in fact.” When I’m feeling particularly sassy, I might even say, “As a lawyer, I got to tell people what to do for a living. I got paid to be my control-enthusiastic self! What’s not to like?!”

But in all seriousness, why do we use the language of addiction and recovery to talk about working in law?

Some have pointed out that lawyers are known for saying “no” — or, on a good day, saying “yes, if,” which any good lawyer knows is a more diplomatic way of saying “no.” They say that the legal profession is a very prestigious, comfortable, well-paid trap, with high barriers to entry that make it grueling to leave.

I’m reminded that it’s the job of most lawyers to mitigate risk. Therefore, they say, lawyers are just overhead. When I point out in response that, in fact, lawyers play a huge role in asset creation and asset management, I’m usually met with a smirk. 

This puzzles me! Anyone who has incorporated a company, obtained a patent or a trademark, issued an option, created employee on-boarding papers, or papered an agreement has, in fact, created valuable assets for their company. Admittedly, our ability to fully optimize and intentionally manage these assets’ values and lifecycles are limited by our tools and our imaginations — but that’s another story.   

While I have a business title and can no longer claim privilege — the only real sacrifice I made when switching to the business side of things — almost everything else has stayed the same:

  • On both the business and legal sides, I have solved challenging problems that I had never encountered before. And in the process, I created value and assets for the company on both sides.  
  • On business and legal, I have shaped the company’s strategy and had a measurable impact on its future.
  • My legal training, experience, and expertise have been instrumental in both business and legal adventures. In fact, in both areas, combining my legal skills with a creative, open mind was vital in finding success.

So, I wonder if it’s accurate to call my adventures on the business side a “recovery,” rather than just, say, an “exploration.” What am I recovering from, and how?

Could it be that the separation between legal and all other parts of a company is just as mythical as Santa Claus or the Tooth Fairy? Maybe pretending that we have no choice but to “stay in our swim lane” is an outdated way of thinking. Maybe swimming diagonally and across lanes is more impactful for your company and career.

And most importantly, could the risk and creativity that you take on when leaving behind a thousand-year-old path lead to a more rewarding and satisfying career and more exciting life? What do you think?


Olga V. Mack is an award-winning general counsel, operations professional, startup advisor, public speaker, adjunct professor at Berkeley Law, and entrepreneur. Olga founded the Women Serve on Boards movement that advocates for women to serve on corporate boards of Fortune 500 companies. Olga also co-founded SunLaw to prepare women in-house attorneys become general counsel and legal leaders and WISE to help women law firm partners become rainmakers. She embraces the current disruption to the legal profession. Olga loves this change and is dedicated to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and inclusive than before. You can email Olga at olga@olgamack.com or follow her on Twitter @olgavmack.