America’s First Black Probate Judge Has Died

(Image via Getty)

We have some incredibly unfortunate news from Georgia, where a woman who overcame historic obstacles to succeed in the world of law recently passed away.

Edith Jacqueline Ingram Grant, 78, was the first black probate judge in America and the first black female judge in the state of Georgia. Grant, who left her job as a teacher to embark upon a journey in the law, was encouraged to run against an incumbent judge who, in a decision that was “laced with racial epithets,” barred black members of the community from serving as poll workers on Election Day in 1966.

Grant’s Daily Report obituary details the turbulent start of her judicial career:

Grant won the 1968 election, seven months after Martin Luther King Jr. was assassinated. But when she went to the courthouse to ask her predecessor to brief her on court operations, the judge cursed her and ordered her to get out of the office, Grant recalled. The defeated judge then closed down the court, locked the doors and turned the keys over to the Superior Court clerk, a white man, Grant said. “I just had to wait until I got in there and hit the books,” Grant recalled.

Grant served as judge for the next 36 years. In 1973, the ordinary court was renamed the probate court. She also served as president of the Georgia Coalition of Black Women. She retired in 2004.

“When I think of the strength of character and determination that it took, and the loneliness that she must have had to endure to become the first black female judge in Georgia history, I am truly awestruck and humbled,” Georgia Supreme Court Justice Harold Melton said. “The history of our country, this state, and our class of court are much better because of her contributions,” Cobb County Chief Probate Judge Kelli Wolk, president of the state Council of Probate Court Judges, said of Grant.

We here at Above the Law would like to extend our sincere condolences to Edith Jacqueline Ingram Grant’s family, friends, and colleagues during this difficult time.

‘True Advocate of Equality’: Nation’s First African American Probate Judge Dies at 78 [Daily Report]


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

UN experts demand an immediate end to abductions and torture

Joanna Mamombe

The urgent call comes after three female opposition activists – member of parliament Joanna Mamombe, Cecilia Chimbiri and Netsai Marova – were stopped at a police checkpoint in Harare and subsequently abducted, tortured and sexually assaulted. The three women were going to participate in a peaceful protest organised on 13 May 2020 by the Alliance Youth Assembly of the main opposition party, Movement for Democratic Change.

After almost 48 hours, the three women were dumped in a marketplace. They were immediately hospitalised to be treated for the injuries they sustained while they were abducted. A few days later, they were charged with violating COVID-19 regulations on public gatherings and for purportedly intending to promote public violence and breach of peace.

“The charges against the three women should be dropped,” the experts said. “Targeting peaceful dissidents, including youth leaders, in direct retaliation for the exercise of their freedom of association, peaceful assembly and freedom of expression is a serious violation of human rights law.”

The experts called on the authorities of Zimbabwe to “urgently prosecute and punish the perpetrators of this outrageous crime, and to immediately enforce a policy of ‘zero tolerance’ for abductions and torture throughout the country” to ensure the effective protection of women against sexual violence, and to bring those responsible to account.

The experts expressed grave alarm over concerns this was not an isolated instance. In 2019 alone, 49 cases of abductions and torture were reported in Zimbabwe, without investigations leading to perpetrators being held to account.
“Enforced disappearances of women often involve sexual violence, and even forced impregnation, with enormous harm inflicted not only on their physical health and integrity, but also in terms of the resulting psychological damage, social stigma and disruption of family structures,” the experts said.

“Under the absolute and non-derogable prohibition of torture and ill-treatment, which includes enforced disappearance and violence against women, Zimbabwe must take all measures in its power to prevent such abuse, to investigate suspected violations, and to bring any perpetrators to justice,” the experts said.

They also urged the government to allow official visits of UN human rights experts with a view to assessing the human rights situation in the country.

Post published in: Featured

High Court Judge has expressed concerns over the numerous contradicting court judgments on MDC Alliance as a political party

The judge proposed that all matters involving rival MDC groups be consolidated into a single case to avoid the conflicting judgments.

Justice Mafusire took the view that MDC-A is a political party, which tallies with that taken by Justice Priscilla Manongwe in the dispute over party funds pitting Nelson Chamisa-led MDC-Alliance and the Khupe-led MDC-T.

He cited the fact that Parliament, Zimbabwe Electoral Commission (ZEC) and the Executive had all recognised the party, as such.

Last week Justice Tawanda Chitapi ruled in the High Court that while the MDC-A was recognised as a political party, it lacks the legal capacity to sue and being sued, being in effect an electoral coalition.

Justice Mafusire made it clear that he thought the MDC-A had a more independent existence, but noted he was not being asked to rule on the matter.

Justice Mafusire found it undesirable that there should be conflicting decisions by judges from the same court over the same issue.

“It brings uncertainty in the law, causes confusion and adversely affects the integrity of the courts,” he said.

“One way to minimise the incidence of conflicting decisions is, where possible, to have all matters dealing with the same point or similar issues consolidated and heard by one judge. If not, and the conflicting decisions have been made, it is left to the Supreme Court, on appeal, to lay down the law authoritatively.”

Post published in: Featured

The Paycheck Protection Program Rules Have Been Modified To Make It Easier For Businesses To Comply

Now that few people seem to care about COVID-19 anymore, I would like to focus on some good news from the government instead. Last week, the federal government passed the Paycheck Protection Program Flexibility Act (PPPFA). The PPPFA addressed many problems businesses had with the original Paycheck Protection Program. Also, the Small Business Administration issued a sample loan-forgiveness form for businesses wishing to seek forgiveness of the loans given to them.

For those who have not received a PPP loan yet, the deadline to apply is June 30, 2020. There is plenty of money left.

I will cover the major points of the PPPFA that I think will be the most useful to businesses and provide some general spending advice. If you have a large number of employees, have many part-time employees, or if you are scared of an SBA audit, contact a professional immediately.

Extension Of Spending And Hiring Deadlines

Before the PPPFA was passed, employers receiving PPP funds had eight weeks to spend it on payroll costs, rent, utilities, or business mortgage interest payments. They also had until June 30, 2020, to rehire employees that were laid off between February 15 and April 26, 2020. And all employees must be paid at least 75% of the wages they were paid in 2019 or the loan forgiveness amount would be reduced.

From my experience working on PPP repayment plans with several businesses, a timetable of eight weeks required a strict repayment schedule to qualify for full forgiveness. If one employee abruptly quits, due to COVID-19 or for otherwise, then the employer had to find a replacement quickly. That was under the assumption business would be back to normal again, including a business’s spending pattern.

It turns out that it was harder to spend the PPP funds as directed in eight weeks mainly because businesses could not meet the payroll cost requirement. In some sectors, like restaurants, business went down so much that they did not need their full work force. Also, it was also more difficult to rehire laid off employees by the June 30 deadline. Employees were reluctant to return because of the risk of contracting COVID-19 and the extra unemployment benefits they were receiving.

I’ve heard that some businesses had some backdoor workaround plans with highly trusted employees. Some would pay them for doing nothing. Or they would make side deals with highly trusted employees where the payments would be treated as advances and would be paid back later.

The PPPFA addressed the above by extending the timeframe to use the PPP funds to six months. Also, the rehiring deadline was extended to December 31, 2020. This expansion of deadlines makes it easier for businesses to use the PPP funds because they can rehire employees when they are actually needed.

Exemptions From Loan Forgiveness Reductions Due To Employee Reduction

The PPP loan forgiveness amount will not be reduced based on employee reduction if the employer can show they either tried to rehire the laid off employees working on February 15, 2020, and was unable to find similar replacements for those employees by December 31, 2020. They can also qualify for an exemption if they can show that by the forgiveness date, they were unable to return to the same level of business activity before February 15, 2020.

Most have recommended to make an offer to rehire the employee in writing or by email and to request a response. A copy of the offer and rejection should be included in the forgiveness package. Some have suggested adding language that failure to accept the offer would result in reporting the rejection to their state’s unemployment benefit agency. This should be enough documentation to satisfy the rehiring attempt requirement.

As for proving the inability to return to previous business levels, there are no specifics. How much of a decline is necessary? This may be clarified by the SBA in future regulations or through the individual lender. As a common sense matter, if the business can show that their business income has dropped to the point where they cannot afford to hire an employee without incurring a net operating loss, that should be enough. Also, keep a close eye on bank statements and note gross income reductions compared to previous years. I would also recommend keeping a copy of the state’s shutdown order — particularly if your PPP lender is an out-of-state bank unfamiliar with your state’s shutdown rules.

Reduction Of Minimum Spending On Payroll

The PPPFA also reduced the minimum 75% expenditure requirement for payroll expenses to 60%. The remaining 40% must be spent on rent, business mortgage interest, or utilities. There was some concern that if all of the PPP funds were not used as directed, then the entire PPP loan must be paid back and not just the portion spent on ineligible expenses. However, a joint statement from Treasury Secretary Steven Mnuchin and SBA Administrator Jovita Carranza suggests that there can be partial loan forgiveness so long as at least 60% of the funds have been used for payroll purposes.

If businesses have already made plans to spend at least 75% of their PPP funds on payroll, they should stick with their original plans. The modest reduction of the payroll expenditure requirement is most likely to be helpful for businesses that have trouble finding full-time employees.

Since Congress missed this, I am hoping that the SBA in future regulations is able to include personal protective equipment (such as face masks, gloves, and disinfectant supplies) in the definition of utilities.

Now, I want to provide some general advice for PPP recipients in light of the PPPFA.

Have A Payment Plan Set Up

While the PPPFA makes using the PPP funds easier, it is wise to have a payment plan set up for the next six months. For businesses that have not been affected by COVID-19 and other current events, you may be able to spend the funds fairly quickly and easily. For businesses that are unstable or has many employees, several plans may need to be reviewed to deal with certain situations.

Apply For Loan Forgiveness As Soon As You Are Eligible

In addition, the business does not have to wait until the 24 weeks are over. As soon as the business has spent the PPP funds, it can request forgiveness from its lender. I would advise doing so as soon as possible before the SBA or Congress changes the rules again, sometimes to the employer’s detriment.

You Cannot Give Yourself A Raise With PPP Funds

The question I get the most by far in all kinds of permutations and semantic gymnastics is: “How can I keep as much of the PPP money for myself without having to pay anybody else?” The straight answer is the SBA forgiveness application states that employers can only pay themselves the lesser of eight weeks’ worth of their 2019 annual W-2 wage or self-employment income or $15,385 (which is a $100,000 annual salary prorated to eight weeks.) You cannot get around this by contributing to a retirement account like a SEP-IRA.

The remainder has to be spent on raises to additional employees, new employees, or the qualifying nonpayroll costs described above.

One option is to wait the full 24 weeks and hope that Congress or the SBA changes the rule. If the economy continues to sputter, then this may be in the next stimulus package.

Pay Close Attention To The PPP Forgiveness Application Form

The application form can be found here. Reviewing it can help prepare you to plan for forgiveness.

The PPPFA provided the payment flexibility that businesses have requested. Businesses won’t have to resort to side deals, or strict planning, and will not be at their employees’ mercy. With the right planning, it will be easier for businesses to use the PPP money in the manner they think is best for their business while maximizing chances for forgiveness.


Steven Chung is a tax attorney in Los Angeles, California. He helps people with basic tax planning and resolve tax disputes. He is also sympathetic to people with large student loans. He can be reached via email at sachimalbe@excite.com. Or you can connect with him on Twitter (@stevenchung) and connect with him on LinkedIn.

How Much Do Hedge Fund Managers Value Chewing Gum, Spitting?

Morning Docket: 06.10.20

(Image via Getty)

* A convicted murderer will get a new evidentiary hearing because his trial lawyer started dating and later married a key witness in the case. Guess the client’s wedding invitation got lost in the mail. [Hudson County View]

* A Los Angeles lawyer is being investigated by the LAPD for allegedly posting on social media that cops should be “picked off.” [Fox News]

* A lawyer for one of the officers charged in the death of George Floyd is arguing that bystanders should have done more to stop the police. Wouldn’t try that argument in court. [Miami Herald]

* A judge has halted efforts to take down a statute of Robert E. Lee in Richmond, Virgina, since the 130 year-old deed for the land upon which the statute stands allegedly requires that the statute remain. [CBS News]

* A Texas attorney has been charged with egging a judge’s car in order to protest stay-at-home orders. Does this lawyer think it’s “Cabbage Night”? (“Mischief Night” or “Devils Night” for all you people who didn’t grow up in North Jersey. [New York Post]


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.

The story of my arrest in Mnangagwa’s tinpot Zimbabwe

Tendai Biti and his five fellow MDC colleagues that were arrested on 5 June 2020. Credit: MDC Alliance.

A week is a long time in President Emmerson Mnangangwa’s Zimbabwe.

On Friday 5 June, I led a group of opposition MDC-Alliance leaders to our party headquarters in Harare. We were not armed, we were peaceful, and we had no other intention than to reclaim our offices, which had been taken over by security forces in the name of a fake “MDC” faction they control. For this, we were arrested and spent a day in prison before being charged and released on bail.

This is part of a steady and hastening trend towards failure in Zimbabwe. This event should remind the international community and southern African region that the ruling ZANU-PF is not a reformist government. They should not ease up pressure on Harare to adhere to democratic standards.

Since the military coup in November 2017, Mnangagwa’s ZANU-PF has taken Zimbabwe to new and unprecedented depths of collapse, capture and coercion. In under two years, Zimbabwe has backslid into a comatose, tin-pot republic dominated by massive economic mismanagement. Unemployment is sky high and the inflation rate is over 700%.

At the centre of Mnangagwa‘s failed economics, are two things. The first is the inability of the government to live within its own means. Billions have been spent outside the budget leading to huge deficits that have forced the Central Bank to print money to cover the gap. The second is the government’s mismanagement of the exchange rate. In 2019, the government prematurely introduced its own currency. Without sound economic fundamentals to back it up, the New Zimbabwean Dollar collapsed resulting in serious market distortions and an explosion in black market activities.

In the shops, basic commodities are in short supply, particularly sugar, cooking fat and the country’s staple mealie-meal. Fuel queues snake for kilometres. There have been incessant power cuts lasting up to 18 hours, particularly before Zimbabwe imposed its COVID- 19 lockdown at the end of March.

As the economy implodes, Mnangawgwa and his lot are presiding over the most corrupt and extractive period since Zimbabwe’s independence 40 years ago. Billions of dollars are siphoned off from the state, in vehicles and companies linked to Mnangangwa, his family and business associates.

Even as the lives of average Zimbabweans turn to dust, the elite continues to milk the system through their control of foreign exchange and money supply, agricultural subsidies (which they call “command agriculture”), fuel procurement, the mining of commodities (such as diamonds, platinum, chrome and gold), and public sector procurement.

A violent regime

Mnangagwa’s human rights record is an even worse disaster and should motivate all democrats to stand shoulder to shoulder with Zimbabwe’s opposition. We already knew of his dark past at the centre of the 1980s Gukurahundi genocide, which saw the murder of more than 20,000 people in the southern and south-western parts of the country. But in the wake of the 2018 general election, the world was reminded of his ruthlessness when eight protestors in Harare were shot dead by the military in broad daylight.

In January 2019, soldiers killed 19 people following protests against massive hikes in fuel prices. During that same period, women were raped, many homes were torched and some 600 people were arrested. Amnesty International observed: “Authorities routinely suppressed the rights to freedom of association and peaceful assembly, using lethal and excessive force to disperse peaceful demonstrations.”

In August 2019, following the MDC’s threats to hold a protest, 42 activists were abducted. In October, a young vendor, Hilton Tafadzwa Tamangani, was tortured by the police and died in a remand prison.

The abuses come thick and fast, and with a level of dehumanisation and violence that has become ZANU-PF’s hallmark. Just three weeks ago, three female activists – Joanna Mamombe, Cecilia Chimbiri, and Netsai Marowa – were abducted , tortured and sexually abused by state security agents following their participation in a street protest. Among the methods of torture used was the shoving of gun barrels into the girls’ bodies and forced consumption of each other’s urine and faeces.

The opposition continues to struggle on, in spite of the risks and intimidation.

Most recently, ZANU-PF – craving the flow of international funds that recognition of Zimbabwe’s “democracy” could bring – has attempted to use a curious court judgement to hatch a Trojan Horse within the MDC-Alliance, forcing us to hand over the leadership of the party to a rival that contested against us, and lost, in the 2018 general election. As if that was not enough, on 3 June 2020, the military physically seized our party’s head office, Morgan Richard Tsvangirai House, and physically handed control of the premises to the rival beneficiaries.

My mission last Friday was to gain access to our own building. Here’s what happened.

My arrest

At first, the police were polite and civil. Then our group began singing a popular liberation song. Without warning, we were arrested, bundled into a police truck and ferried to Harare Central Police Station. No restraint was exercised. The police were particularly rough with my colleagues David Chimhini, a 70-year old senator, and Lovemore Chinoputsa, who kept demanding to know why we were being arrested.

At Harare Central Police Station, we saw the grisly intestines of state failure under ZANU-PF‘s 40 years of misrule. We were placed in a tiny room, replete with a broken ceiling and chairs, an old Remington typewriter fit for a museum, and tattered police uniforms hanging from the door. It was like a scene from a bad Western.

We waited hours before Superintendent Majongosi arrived to record our details. We stayed several more hours during which no food was offered despite Senator Chimiinhi explaining that he is diabetic and suffers from hypertension. When our lawyers arrived, they insisted that we be released. The police kept saying the matter was not in their hands and that they were consulting, which we took as a euphemism that they were seeking directives from the president’s office.

Around 8 o’clock, we were transferred. In our new holding room, other prisoners were present, including policeman Shungudzemoyo Kache, who had been charged with sedition for allegedly calling Mnangangwa “a used condom”. MDC-Alliance activist Womberai Nhende lay on the dilapidated floor with huge gashes on his leg from being assaulted by the police. He was shivering and struggling to breathe but they did not care. No medical attention was offered until our lawyers insisted he be taken to a hospital.

Later that evening, charges were formally laid against us. We were accused of having committed a criminal nuisance by disturbing the peace and singing a song on Nelson Mandela Avenue. Although such a petty crime is usually resolved by paying a fine, the police proceeded to take our fingerprints. Without the necessary basic equipment, they poured ink on a kitchen sponge. We were squeezed into two little offices by an army of police detectives who behaved as if we had just bombed the twin towers.

The process was long, tortuous and ran into the night. A decision was then taken to detain us until the next morning. We were bundled downstairs where we found ourselves in a room with hundreds of other prisoners. Most had been arrested for not wearing masks and hadn’t been able to pay the fines. Yet to heap irony on the ridiculous, there was no social distancing, temperature checks or sanitisers provided then or at any point that day.

Later, we were taken to the actual cells and forced to surrender our belongings. We were not provided blankets or mats on which to sleep. The toilets were stuffed with torn copies of The Herald, the state-owned newspaper, for which there is no better use. There was no water and we were forced to walk in filth without shoes.

In the morning, my poor mother and brother were allowed in. It pained me to see my mother had been crying all night and had hardly slept. Around 10am, we were taken to Harare Magistrate Court where hundreds of our supporters were outnumbered by riot police and soldiers. Our lawyers had been waiting, having been told the previous night that our hearings would begin at 8:30am. We waited another hour or so before we were told that there was no senior prosecutor present to handle our case, notwithstanding the minor nature of the charge. Without explanation, we were driven back to Harare Central Prison. It was farcical and surreal like a poorly scripted Mr Bean film without the comedy.

Back at the prison, a very apologetic policeman told us they’d been instructed to add more serious charges against us. We were presented with new statements which we refused to sign. Well into the afternoon, we were then taken back to court. Through our lawyers we made complaints against the manner of our arrest, the delays, and the unhealthy conditions we were exposed to. The magistrate ordered an inquiry. We were granted bail of a thousand dollars each.

We were so grateful when bail was posted and the six of us left prison with nothing but our freedom. We were dirty, hungry, and had been physically and mentally tortured, but we were relieved. Because despite our terrible experience, we were the lucky ones. Many have died. Many have been tortured. And many are fearful they will become victims of this dysfunctional, anti-democratic state.

My appeal to the world is to acknowledge our experience and that of so many in Zimbabwe, and to recognise that the lives of black Zimbabweans matter.

Post published in: Featured

Zimbabwe Family Shows That Even With 18-Hour Daily Grid Outages, Most People Could Live Comfortably With An EV

Their patience was rewarded, as they found a preowned Nissan Leaf in Japan that had only done 3,400 km with its previous owner, so we could say it was almost as good as new. Their 24 kWh Leaf arrived in Zimbabwe in November 2017.

Brendan’s family had the honor of being the first to register an electric car in Zimbabwe. Now several other families have followed Brendan’s lead and ordered Nissan Leafs online from Japan and the UK. Africa is not traditionally a priority market for most OEMs, so EV fans in most parts of Africa import vehicles on their own. The majority of vehicles (ICE or EVs) imported into Africa are used vehicles from Japan, Europe, and the United States.

The Wright family’s Nissan Leaf. Image courtesy of Brendan Wright

The Wright family’s Nissan Leaf came to the right place at the right time, as in late 2017, Zimbabwe started experiencing crippling petrol and diesel shortages. These shortages have been going on continuously since then, as Zimbabwe is struggling to raise foreign currency to import these fossil fuels. Filling up an ICE vehicle’s tank can be quite a challenge in Zimbabwe, and it could involve waiting in a queue at a petrol station for a day or two!

The Wright family’s Nissan Leaf. Image courtesy of Brendan Wright

35,000 km later, we caught up with Brendan Wright (BW) to find out what it’s like to live with an EV in Zimbabwe.

CT: You were the first person to import an electric car into Zimbabwe. How has been your experience of driving an EV in the country?

BW: The experience has been wonderful, especially with our circumstances. Fuel queues started a couple of months after the car arrived and are still going on. I use the car all the time and only use an ICE car if my wife needs to use the Leaf. Apart from the fuel issue, I find electric cars are more enjoyable to drive, with instant power and lots of it, and they are also extremely smooth and quiet. We have done 35,000 kilometers with the car and the only thing I have done to it so far is change two tires because I hit a pothole.

CT: In Zimbabwe, the power goes out for about 18 hours a day. Does that not make your life difficult?

BW: Power cuts have not affected the use of the car at all. Even at the worst times when power was coming on at 11 at night and going off at 5 in the morning, I would plug the car in in the evening and it would be charged in the morning.

CT: How often do you charge your car, and at what times, and how long does it take to charge it to 80%?

BW: During the week I usually charge the car every day, as the car is used for everything. I mostly charge it to 80% as I don’t need more range, and this takes around three hours. I have charged it for an hour or two during the day a handful of times when I have had to do a lot of running around.

CT: Do you have solar at your house? 

BW: I don’t have solar at the moment, but I will get it before too long. I’ve established that I need a 7 kWp system to take care of charging the car and running the house.

CT: How many km do you drive on a normal day?

BW: I drive anywhere from 50 to 100 km in a day

CT: What do you use the car for on most days?

BW: We use the car for everything, buying parts, going out to the industrial sites, going to the shops. We also use it to go on recreational activities that are not too far from town.

The family has put 35,000 kilometers on the vehicle, and the only thing they have had to do so far is change two tires! This shows the beauty of EVs and just how convenient and economical they are. We also recently looked at how EVs are cheaper to run compared with ICE vehicles in Kenya. We often take some things for granted. In my beloved Nakuru and Nairobi,  the power cuts are not as bad as in Zimbabwe. And in most parts of the First World, power cuts are a myth. So, the Wright family’s story is really inspiring and shows just how EVs rock! They still drive 50 to 100 km per day, they didn’t have to change their lifestyle, and the EV is working just fine in Zimbabwe. They just simply plug it in at night when the power is back. Most people charge their cars at night all over the world when the cars are parked anyway. Most people don’t need to drive 50 km daily, so first generation EVs with ranges of about 130 km are still good for most people’s daily needs.

The Wright family’s Nissan Leaf. Image courtesy of Brendan Wright

Images: The Wright Family’s Nissan Leaf. All Images Courtesy of Brendan Wright

Post published in: News

Zimbabwe COVID-19 Lockdown Monitoring Report8 June 2020 – Day 71

Monday 8 June 2020 marked day 71 of the national lockdown declared by President Emmerson Mnangagwa and has been in place since 30 March 2020.  The Ministry of Health and Child Care reported an increase in the number of confirmed cases increased to two hundred and eighty-seven (287). The number of cumulative tests done stood at fifty-three thousand six hundred and sixty-eight (53 668). Of these, fifty-three thousand three hundred and eighty-one (53 381) were negative. The number of recoveries increased to forty-six (46) and the death toll remains at four (4).   All the 5 new cases are reported to be people who recently returned from South Africa.

2.0       Methodology
Information contained in this report is derived from the following Forum Members:

  • Zimbabwe Peace Project (ZPP)
  • Media Institute of Southern Africa (MISA)
  • Zimbabwe Lawyers for Human Rights (ZLHR)
  • Counselling Services Unit (CSU)
  • Zimbabwe Association of Doctors for Human Rights (ZADHR)
  • Zimbabwe Human Rights Association (ZimRights)
Excerpts from reports generated by The Herald and Bulawayo24 have also been incorporated into this report.
3.0       Emerging issues 
           3.1       General Updates
Since the pronouncement of the lockdown level 2, transport problems continue to plague the commuting public. Private commuter omnibuses were banned leaving ZUPCO buses and commuter omnibuses as the only public transport providers. Due to insufficient buses, Cabinet resolved that the carrying capacity of ZUPCO busses be increased to meet the demand for transport. It was reported that ZUPCO bus operators were carrying passengers at full capacity in Glen View in Harare, Dangamvura in Mutare, Mucheke in Masvingo and Cherima in Marondera. However, the commuting public has raised alarm that the busses are now crowded and that passengers are not being sanitised when boarding the busses. The commuting public and health professionals are also concerned about the defiance of COVID-19 measures on bus terminus and ranks in town and in suburbs. Queues for ZUPCO busses are always crowded and citizens do not observe social distance. In Glen View, it was reported that there were long queues of residents who were waiting for the ZUPCO buses.In Kuwadzana in Harare, it was reported that people were going about their normal business defying the lockdown and not maintaining social distance. Scores of people besieged the streets whilst children were playing and running around in the streets. In Glen View, anti-riot police were reported to have confiscated 20 crates of alcohol at Mude Mude Business Centre in Glenview 7. It is alleged that the beerhall was selling alcohol through the back door.

In Mkoba Ward 10 in Gweru, community members raised allegations of politicisation of social welfare food aid. It was reported that individuals charged with compiling the food aid database are knowingly side-lining known MDC Alliance members from the list.
In Chipinge, it was business as usual with community members going about their normal business. Vendors and other informal traders were conducting their business without protective clothing or taking heed of social distance. Two bars namely Musomekwa and Zimunya were open from around 1 pm to 6 pm and several community members were spotted drinking alcohol and not observing social distancing.

The Zimbabwe Chamber of Informal Economy Association (ZCIEA) distributed COVID-19 sundries including masks, gloves, sanitisers, infra-Red thermometers, and COVID-19 information posters to informal workers and traders. The sundries were distributed in Bindura, Chitungwiza, Chiredzi, Triangle, Gutu, Hwange, Gwanda, Gokwe Center, Gokwe North, Harare, Marondera, Macheke, Mutare, Chipinge, Kadoma, Sanyati, Beitbridge, Kariba, Victoria Falls, Bindura, Chivhu, Kwekwe, Gweru, Bulawayo, Binga, Plumtree, Lupane, Karoi, Masvingo, Tsholotsho, Chinhoyi, Guruve, Mt Darwin, Rusape, Chimanimani, Mashava, Zvishavane, Zhombe, Chegutu, Caledonia, Norton, Nkayi, Mhondoro. The distribution follows efforts to protect informal traders from COVID-19.

3.2 Abduction Update
Honourable Joana Mamombe together with MDC Alliance youth leaders Cecilia Chimbiri, and Netsai Marova will appear at Harare Magistrates Court on 9 June 2020 for the hearing of the state’s application to vary their bail conditions so that they surrender their passports. The investigating officers and prosecutors allege that the trio intends to escape Zimbabwe. The trio, charged for allegedly staging an anti-govt protest during the national lockdown, was granted ZWL1 000 bail on 27 May by Harare Magistrate Mateko, who ordered them to report once every fortnight to CID Law and Order Section at Harare Central Police Station.

4.0       Summary of violations
The table below summarises human rights violations documented by the Forum Secretariat and Forum Members from 30 March to 8 June 2020.

Nature of Violation Number of Victims Location
Assault 264 Harare, Zvishavane, Masvingo, Bulawayo, Wedza, Chinhoyi, Zaka, Gweru, Chitungwiza, Bindura, Nembudziya, Chiredzi, Marondera, Mutoko, Chivi, Bikita, Zvishavane, Mvurwi, Mutare, Marondera, Beitbridge, Domboshava, Wengezi
Attack on Journalists 16 Mutare, Gweru, Chinhoyi, Harare, Chiredzi, Masvingo, Beitbridge
Arrests 435 Masvingo, Gokwe, Gweru, Bulawayo, Chinhoyi, Hwange, Harare, Magunje, Lupane, Norton, Bikita, Mutasa, Chitungwiza, Nkayi, Makoni, Chipinge, Beitbridge, Lupane, Tsholotsho, Mwenezi, Guruve, Hwange, Murwi, Kwekwe
Malicious Damage to Property 2 Harare, Chitungwiza
Abductions 3 Harare

6.0  Conclusion
The Forum is concerned with the growing number of citizens defying the lockdown at a time when confirmed COVID-19 cases are on the increase. The Forum, therefore, urges community members to abide by lockdown regulations relating to social distance and the wearing of masks.

Transport challenges have become the greatest risk factor for the spread of COVID-19 within and across cities. The Forum would like to reiterate its calls for the government to facilitate adequate transportation for the commuting public.

The Forum also urges government to effectively manage isolation and quarantine centres with the number of infections on the rise.   Without proper management, isolation centres may become the epicentre of infections.

Post published in: Featured

Constitutional Amendment N0 2 Bill-Defend the Constitution Petition

The proposed amendments are of a fundamental and far-reaching nature interfering with the choice of the citizens who participated in a referendum which birthed the Constitution of 2013 and discarded the Lancaster House Constitution which came into operation on 18 April 1980. The proposed amendments follow the first amendment to the 2013 Constitution which came into effect on 7 September 2017, giving the President powers to unilaterally appoint the Chief Justice, Deputy Chief Justice and Judge President of the High Court.  If the Bill were to pass through, the government would have amended the Constitution twice within a period of just over six years. The Constitution as the supreme law of the land must not be unnecessarily amended.

Amongst other changes, the omnibus Bill proposes the following

1.     Sweeping changes to allow the President to unilaterally appoint and remove the Vice President(s) outside a popular mandate;

2.     Giving the President more powers in the appointment and extension of tenure of judges of superior courts in a way that takes away transparency;

3.     Extending the women’s quarter system and creating additional 10 seats for the youths instead of the government fully implementing the equality clause in section 56 of the Constitution;

4.     Limiting the powers of the Zimbabwe Human Rights Commission by placing some of its functions in the hands of a Public Protector appointed solely by the President burdening the fiscus through unnecessary duplication of institutions;

5.     Cutting on parliamentary oversight over agreements entered into by the executive with foreign organizations and companies in a way that interferes with transparency;

6.     Extending Presidential powers in the appointment and removal of the Prosecutor-General and

7.     Extending executive representation by unelected officials in Cabinet increasing burden on the fiscus, among others.

Read the full petition HERE

The running theme in the proposed amendments is cutting back on checks and balances and separation of powers. Furthermore, some of the proposed amendments are interfering with provisions that have not been tested yet. The Forum calls for the implementation of the Constitution and says no to tinkering with it.

Post published in: Featured