Category: News Feeds

The National Standing Committee of the MDC -Alliance met today in Harare and made the following resolutions

1. The Standing Committee noted the perverse and insidious attempt by ZANU-PF and its proxies to dismember the MDC Alliance by executing a coup against the legitimately elected leadership of the MDC Alliance under the guise of implementing the equally insidious judgement of the Supreme Court which seeks to foist ZANUPF proxies as leaders of the MDC Alliance in brazen violation of the MDC Constitution.

2. The MDC Alliance Parliamentary Caucus shall forthwith suspend its participation in all Parliamentary processes, programmes and activities pending the party’s consultations with its structures and a final resolution of the National Council on the way forward given the ZANU-PF insidious attempted coup against the elected and legitimate leadership of the MDC Alliance.

3. The MDC Alliance shall forthwith disengage from all platforms in which the party has to interact with Zanu PF.

4.The Standing Committee noted that Zanu PF staged an illegal and unconstitutional coup against Robert Mugabe in November 2017 and yet another one on the 30th July 2018 against the people’s sovereign will by which the people had elected Nelson Chamisa as the President of the country.
5. The Standing Committee further noted the in progress attempt to stage yet another coup, this time against the leadership of the MDC Alliance duly elected at the party’s Congress in Gweru in May 2019, a Congress which has not been set aside by any Court of law.

6. The Standing Committee resolved to reject in toto and with utter contempt the ZANUPF and its proxies attempt to foist modern day Muzorewas as leaders of the MDC Alliance.

7. The Standing Committee maintains the truism that only the MDC Alliance has the power and authority to recall iMPs elected under its ticket.

*8*The Standing Committee resolved to urgently consult the structures of the party at Provincial and constituency levels through the National Executive Committee and the National Council on appropriate responses to the attempts to dismember the party by staging a coup against its elected leadership.

*9.*The MDC Alliance will not allow Zanu PF to hold a Congress under the name of the MDC. Zanu PF cannot write another political party’s constitution and hold a congress under its name.

*10.*The Standing Committee noted that Morgen Komichi, Douglas Mwonzora and Elias Mudzuri expelled themselves from the MDC Alliance by joining another party and thereby automatically expelled themselves from the party which has accordingly resolved to relieve them of their positions in the party and to withdraw them from all positions to which they had been deployed by the party.

*11.*The Standing Committee resolved to demand all monies due to the MDC Alliance under the Political Parties Finance Act and to take all necessary steps and measures to lain claim to its money.

*12.*The Covid-19 Supreme Court judgement has engendered an illegality by seeking to extend the mandates of the 2014 structures which had since expired. The terms of office of all 2014 structures expired in October 2019 and the toxic judgement illegally seeks to give a Lazarus moment by seeking to resurrect the expired mandate of the 2014 MDC-T structures.

*13*The meeting took note of the COVID19 pandemic and the dislocated livelihoods of the vulnerable and the majority of Zimbabweans who are surviving in the informal sector. The illegitimate regime has provided no safety nets whatsoever to assist the despondent Zimbabweans. They have instead destroyed the vending stalls where the majority of Zimbabweans are eking a living through informal trading

Post published in: Featured

Spokespeople available for interviews

Authorities in Sub-Saharan Africa must ensure their responses to the COVID-19 pandemic include specific protections for the rights of women and girls, Amnesty International, Women’s Link Worldwide and the International Planned Parenthood Federation Africa Region (IPPFAR) said in a report published today.

The document provides a roadmap for governments and regional organisations for taking the necessary measures to protect the rights of women and girls, who are often disproportionately affected in crisis situations. It highlights states’ obligations to guarantee the right to live free from discrimination and violence and calls on governments to ensure access to essential sexual and reproductive health services, commodities and information during the pandemic.

“The current COVID-19 pandemic has exacerbated the vulnerability of women and girls. Their health and wellbeing is not only negatively impacted by the disruption of essential sexual and reproductive services such as contraceptives counselling, maternal and newborn health, gender-based violence (GBV), and testing and treatment for HIV and sexually transmitted infections, but also their livelihoods and even their lives are threatened when sexually based crimes go invisible and stay unpunished,” says Marie-Evelyne Petrus-Barry, the IPPF Africa Regional Director.

“This is why the African Union, regional economic commissions, governments and women rights defenders ​​must redouble their efforts in ensuring that the sexual reproductive health and rights of women and girls are protected and upheld​ and violations of these rights are documented dealt with by justice systems.”

The organisations are calling for governments to take urgent action to protect the rights of women and girls, highlighting the specific gender risks which the COVID-19 pandemic poses.

Example highlighted in the report includes the right to live free of violence and any form of torture, inhumane or degrading treatment.

“During times of crisis and turmoil such as the one we are living in, women and girls face an increased risk of suffering violations of their rights. This is especially true for women already living in marginalized situations. For this reason, it is urgent that we work to ensure that their  rights are respected and guaranteed,” said Viviana Waisman, President & CEO of Women’s Link Worldwide.

“These guidelines are a roadmap to allow us to carry out this monitoring and advocacy work and demand that governments comply with their obligations and maintain their commitment to the rights and lives of women and girls during the COVID-19 pandemic.”

According to the report, the implementation of measures such as curfews, lockdowns or travel restrictions may lead to police brutality and violence which ultimately poses a risk for women and girls to being subjected to sexual violence. There are also concerns of increase in teenage pregnancies, as previously observed in Sierra Leone following the lockdown imposed to halt the spread of the Ebola epidemic. Governments should put safeguards in place to ensure women and girls are protected from sexual violence and have access to sexual and reproductive health services and commodities.

The organisations also call for better protections for refugee and migrant women. Africa hosts more than 25.2 million refugees and internally displaced people and houses four of the world’s six largest refugee camps in Uganda, Kenya, Tanzania and Ethiopia.  Refugee camps in the region usually provide inadequate and overcrowded living arrangements that present a severe health risk to inhabitants.

“As COVID-19 spreads across the region women and girls have reportedly already faced an increase in domestic violence. Restrictions on movement, social isolation and lockdowns can make it even harder for women to access essential services like sexual and reproductive healthcare and protection from domestic violence,” said Samira Daoud, Amnesty International West and Central Africa regional director.

“We call on governments in the region to act urgently to prevent gender gaps increasing. Any measures taken to respond to the COVID-19 pandemic must respect and protect women’s rights, including the right to live free of violence and torture and other ill-treatment, and the right to access justice.

ABOUT OUR ORGANISATIONS

Amnesty International: Amnesty International is a global movement of more than 7 million people who take injustice personally. We are campaigning for a world where human rights are enjoyed by all.

IPPFAR: The International Planned Parenthood Federation Africa Region (IPPFAR) as the leading sexual and reproductive health (SRH) service delivery organization in Africa, and the leading sexual and reproductive health and rights advocacy voice in the region.

Women’s Link Worldwide: Women’s Link Worldwide is an international nonprofit organization that uses the power of the law to promote social change that advances the human rights of women and girls, especially those facing multiple inequalities.

Post published in: Featured

* A class-action lawsuit has been filed over a water main break that recently occurred in Hudson County, New Jersey. Please make it so I don’t have to boil water again anytime soon. [Jersey Digs]

* An attorney may face a three-month suspension for using foul language during a deposition. Feel like we all know a few lawyers who should be put on notice by this. [ABA Journal]

* The New York Attorney General is appealing a decision that reinstated the New York presidential primary. [Bloomberg Law]

* A fifth murder trial is expected against a Maryland man accused of killing a security guard. It’s been a while since I’ve seen the movie Double Jeopardy, but this must be an interesting set of facts. [Baltimore Sun]

* The Attorney General of Texas is calling for the immediate release of a salon owner who opened her shop despite closures related to COVID-19. Maybe the AG just needed a haircut? [CBS News]

* All lawyers in Virginia are now going to be required to maintain a valid email address. Seems like this rule is a little overdue. [Virginia Lawyers Weekly]

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

Zimbabwe is more than $1.2 billion in arrears to the World Bank, African Development Bank and European Investment Bank, making it ineligible for funding or debt forgiveness from global lenders.

The World Bank spokesman said that while Zimbabwe and other countries indebted to the lender could not access regular financing, they could get money from its trust funds to fight the coronavirus that has slowed down the global economy.

“The bank’s senior management has underlined the need for additional trust fund financing to ensure that Zimbabwe and the small group of other countries in arrears can receive support as part of our global effort to help countries respond to the COVID-19 crisis,” the spokesman said.

Zimbabwe would get $5 million from the World Bank’s global financing facility trust and another $2 million would be diverted from funds meant to help the country recover from a devastating cyclone in 2019.

“We recognise this is a global crisis that impacts every country and we cannot leave anyone behind in our response,” the spokesman said.

Zimbabwe’s finance minister wrote to the International Monetary Fund and other lenders last month warning that the country was being driven towards a health and economic catastrophe by the coronavirus pandemic because its debt arrears mean it cannot access foreign financing.

The impoverished southern African nation has only recorded 34 cases and four deaths from the coronavirus but analysts say its fragile health system will not be able to handle any surge in infections. (Reporting by MacDonald Dzirutwe Editing by Mark Heinrich)

Post published in: Featured

Zimbabwe is in the grips of its worst food crisis in four decades with close to half of its population facing hunger in 2020. Picture: REUTERS/PHILIMON BULAWAYO

While you might have thought lawyers were always high-priced mercenaries, the cost of legal advice was historically modest. What Supreme Court opinion blew the lid off lawyer fees, ushering in dominance of the billable hour?

Hint: Prior to this 1975 opinion, firms had to contend with state regulations capping fees and the push for a billable hour as an academic concept had only achieved traction within the prior 15-20 years.

See the answer on the next page.

I don’t know what you’re doing with whatever free time you have while being at home. Some states have loosened restrictions, some have adopted some loosening. California is very slowly loosening some restrictions, with some counties letting go of all restrictions due to their rural nature (the state is not all SF and LA). What have I been doing? I’m watching a bunch of CLE programs, offered by law firms and CLE providers either at little or no cost. Free is always good, and even though I just reported my CLE hours in January, there’s nothing wrong with getting started on the next tranche of CLE requirements.

The courses I’ve watched have been varied, all with the consistent thread of the COVID-19 impact on the law, law practice, and society in general. However, what has been different is that in at least two of the courses, they have concluded with pleas for civility (say what?).

I was surprised, as it was like actors breaking the fourth wall. The pleas are not something I’ve heard in CLE courses before. They are earnest pleas by two longtime practitioners (one a former judge) who understand well the “ants in the pants” reaction to either restart or start civil matters, but there will be the need to chill, most likely for an indefinite period of time.

When the courthouse doors are unlocked, and there will be different timeframes probably by state and even by county and perhaps by districts within counties, my nightmare, which I am sure is shared by others, is that the scene will be similar to the running of the bulls in Pamplona, Spain. That annual event, originally scheduled for this July, has been canceled. No one wants to get trampled to death in the race to the courthouse steps.

A stampede by lawyers to file complaints (what about e-filing?), defense lawyers to file motions for summary judgment, and both sides to file contentious discovery dispute motions would not be pretty.

We need to simmer down. We know that civil cases will be at the bottom of the pile, at least for the foreseeable future. We know that criminal, juvenile, and certain other kinds of cases always take priority, as well they should. They always have and they always will. We know that judges will be even more stressed than they already are, giving already bulging dockets — and now more being piled on. Frayed judicial tempers may be more on display than ever before. No one has more than 24 hours in one day.

One retired judge mentioned that her former court is training civil judges to do criminal work. Whether they signed up for that or not is of no matter; that’s where attention will be paid for some time to come.

The whole concept of “in your face” between attorneys is, I hope, a thing of the past. Between face masks and required social distancing, perhaps the pettiness and downright unpleasant behavior exhibited by some attorneys will be extinct. Have you ever tried hollering into a face mask? The hot air expended would probably not be healthy. Have you ever yelled at someone six feet away? How can you be sure that the object of your wrath can even hear you at that distance?

Add to all this upheaval in the courts is what’s happening in Biglaw firms. Yes, I know most lawyers don’t practice in that environment, and sympathy for those in Biglaw may well be in short supply right now. However, especially for the newbies, who had expected upward trajectories in their careers, what has happened recently is definitely a shock to their systems and to the profession as a whole.

For those of us with still some memory, lots of kids (and I say “kids,” because I mean that literally) went to law school in the mid-oughts, and graduated into what had been, up to that point, the worst economy since the Great Depression. It was horrible for these newbie graduates, trying to find jobs, any jobs, even of the nonlawyer variety. Some of them have never had the careers, let alone the opportunities, that they thought they would.

And what happens to efforts, some better than others, to diversify the face of the profession? Some firms have been very earnest in their efforts, some more successful than others, but still a long way to go. What happens now? Rereading this post about the pandemic’s effect on law students is a sobering reminder that today’s law students have already been through tough times, seeing their family members lose livelihoods and homes in the Great Recession. I used to think that the Great Recession should have been called a depression, but what is happening today puts 2008 in the dumper.

I think the profession will eventually come out of this, chastened by our experiences. It’s going to be all about “doing more with less.” It will be on a strict diet, shedding overhead, unnecessary expenses (bye-bye closing dinners) and other things that used to compose a “good life” at Biglaw. Those who are in solos and small firms are used to belt-tightening whenever the need has arisen.

To those who read ATL and are considering law school to ride out the pandemic wave, please read Jordan Rothman’s post and take it to heart. Many lawyers went to law school during the Great Recession because they didn’t know what else to do and have lived to regret their career choices. The job market for lawyers, as bad as it was then, may well be worse in three or four years, given the quantum leaps in technology. It’s not a pretty picture but it may well be the new reality. What I do know is that pleas for civility, while nothing new, take on an even more urgent tone now.

Jill Switzer has been an active member of the State Bar of California for over 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at oldladylawyer@gmail.com.