MDC Alliance Deputy National Spokesperson, Luke Tamborinyoka speaks to the media on the way forward following the #abduction and torture of three female Youth Assembly leaders in Harare by State Security Agents. The trio are Joana Mamombe, Cecilia Chimbiri and Netsai Marova.
Tamborinyoka said “after receiving a distress phone call from the dumped cadres who had been accommodated by a sympathetic villager in Muchapondwa, a group of MDC officials that included Secretary for Welfare Maureen Kademaunga and deputy Organising secretary Happymore Chidziva immediately alerted lawyers and the police and drove to the area in Bindura South where they found the three cadres in very bad shape. They are heavily traumatised.”
On Saturday 16 May, President Emmerson Mnangagwa announced the extension of the Level 2 lockdown implemented on 3 May 2020, which was meant to expire on 17 May 2020. The President indicated that Level 2 lockdown will continue indefinitely, to allow the nation to gradually ease out of the lockdown while minimising the risk of sudden spikes in the number of COVID-19 cases. He announced that progress reviews will be conducted fortnightly to assess the progress of the National Preparedness and Response Plan. The President indicated that the extended Level 2 lockdown will be accompanied by the following new measures:
Excerpts from reports generated by Community Radio Harare have also been incorporated in this report.
3.0 Emerging issues 3.1 Lockdown Defiance As the nation braced for the announcement on the status of the lockdown beyond 17 May, there was a sharp increase of lockdown defiance across the country. Worryingly, reported cases of the lockdown defiance related more to leisure as opposed to the pursuit of basic commodities and food. It was reported that in Mberengwa, beerhalls were open at River Terrains shopping complex. The beerhalls attracted community members from the area who were observed sharing opaque beer and not exercising social distancing. In the same vein, it was reported that in Chimanimani, soldiers from Rufuka training base have been frequenting local beerhalls and demanding that shop owners open their beerhalls. It was reported that on 15 of May, soldiers overturned the order by police officers who had ordered the closure of one of the beerhalls that soldiers were drinking from. In Chivi, it was reported there were increased numbers of people gathering at beerhalls. It was reported that patrons of some of the beerhalls were not exercising social distancing and they were observed exchanging cups of alcohol.
In Birchenough, private commuter omnibuses were observed ferrying people to Chipinge and Chimanimani. It was reported that most of the commuter omnibuses were not taking note of COVID-19 measures particularly relating to the number of passengers allowed in each vehicle.
3.2 Food aid and donations In Tsholotsho, it was reported that the Ministry of Public Service, Labour, and Social Welfare conducted an enumeration process for beneficiaries of the COVID-19 food relief program. It was reported that the food relief program was targeting people with disabilities and the elderly.
3.3 Destruction of vending stalls It was reported that the Harare City Council demolished vending stalls in Hatcliffe. This follows the nationwide demolition of vending stalls after the Ministry of Local Government, Rural and Urban Development on 8 April directed local authorities to use the lockdown to “clean up and renovate small and medium enterprise and informal traders’ workspaces”. Such demolitions are continuing inspite of the existence of at at least two court orders by Justices Jacob Manzunzu and Nyaradzo Priscilla Munangati in which they ordered local authorities in Epworth, Chitungwiza and Chinhoyi to stop demolitions.
3.5 Abuse of Power In Muzarabani, it was reported that a man from Mudoka village under Chief Sekete was forced to pay a solicited bribe by a soldier known as Jonah Nyamutundu. It was reported that the victim was caught drinking alcohol in public without wearing a face mask. It was further reported that the soldier then threatened to assault the man for defying the lockdown if he did not pay him ZWL300. The victim was released by the soldier after paying ZWL300.
3.6 Mandatory Quarantine In Lupane, it was reported that twenty-two (22) returnees who are at quarantined at Mabhikwa High School in Lupane complained of lack of food in the quarantine facilities. At Lupane State University one of the people from the quarantine centre escaped from the facilities and was later traced and apprehended by solidiers and was taken back to quarantine.
4.0 Assault In Harare, it was reported that police officers assaulted four (4) people in Highfield at Gazaland for not wearing face masks. It was reported that the four (4) people were assaulted with baton sticks after they were caught at Shirichena Shopping Centre.
It was also reported that soldiers allegedly assaulted a member of the Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ) in Domboshava with sticks. It was alleged that the ARTUZ member realised that ZANU PF members were buying subsidised roller meal at night. When she joined the queue to buy the roller meal, about six (6) soldiers assaulted her indiscriminately as she was accused of spying. She sustained injuries to her face, right hand and left leg.
5.0 Arrest In Mazowe, police officers arrested nine (9) people for not wearing their face masks. The arrested persons were taken to Mvurwi police station where they were detained for more than 3 hours in a crowded space that did not allow social distancing for the arrested persons. It was further reported that the arrested persons were later released after paying an admission of guilt fine of ZWL500.
6.0 Missing Persons Update In Harare, MDC Alliance Harare West Member of Parliament Joana Mamombe and Youth Assembly leaders Cecilia Chimbiri and Netsai Marova who went missing on 13 May in a case of abduction, were located dumped in Bindura. The three were recovered on 15 May with various injuries consistent with aggravated assault and torture, and were checked into a medical facility in the company of lawyers from the Zimbabwe Lawyers for Human Rights, police officers, and officials from the party.
Through a statement issued on 17 May, the Minister of Home Affairs and Cultural Heritage Kazembe Kazembe directed the Commissioner-General of Police to institute full scale investigations into the abduction and assault of the three MDC Alliance supporters. He further indicated that law enforcement officers have been directed to investigate exactly what happened after the flash demonstration in Warren Park by MDC Alliance members. Minister Kazembe indicated that the investigation will also address the media coverage of the story to iron out grey areas for the benefit of the public and in the process reveal the correct circumstances in the whole matter.
7.0 Summary of violations The table below summarises human rights violations documented by the Forum Secretariat and Forum Members from 30 March to 17 May 2020.
8.0 Court update Chief Trymore Nhari of Gweru and Shephard Moyo served a notice of intention to sue for payment of damages on the Commissioner-General of the Zimbabwe Republic Police (ZRP) and the Minister of Home Affairs and Cultural Heritage. This action was filed following their assault by police officers. Each of them is claiming ZWL 300 000 in damages.
Another citizen, Weston Chadoma has also served a notice of intention to sue for the sum of ZWL$300 000.00 as compensation for unlawful assault by a Zimbabwe National Army officer in Bulawayo. The Respondents are the Commissioner-General of the Zimbabwe Republic Police (ZRP), Minister of Home Affairs and Cultural Heritage, Minister of Defence and War Veterans and the Commander of the Zimbabwe National Army.
Another citizen, Sthukani Ncube of Lobengula Bulawayo has also filed a tice of intention to sue the Commissioner-General of the Zimbabwe Republic Police (ZRP), Minister of Home Affairs and Cultural Heritage for being severely assaulted by eight police officers. She is claiming the sum of ZWL$250 000.00 for pain and suffering.
9.0 Conclusion The lockdown extension comes at a time when confirmed COVID-19 cases are on the rise. The lockdown extension is a positive move towards curbing the spreading of COVID-19. However, the economic impact of the protracted lockdown on the majority of Zimbabweans who are informal traders should be the government’s focus. The greater part of informal trades including commuter omnibus operators and vendors remain banned. The Forum, therefore, calls on the government to fast-track consultations on the reopening of the informal sector to alleviate poverty.
The President announced that the country will continue on lockdown level 2 for an indefinite period, and this will be reviewed fortnightly. In the light of this, the Forum strongly urges the government to ensure that law enforcement officers execute their duties with respect to fundamental rights of citizens. Measures must be put in place to ensure that the police do not continue to use excessive force when enforcing the lockdown.
The Forum is also concerned that the measures that government has put in place to cushion vulnerable communities against the social impact of the lockdown remain inadequate and not properly coordinated.
The Forum further urges community members to adhere to COVID-19 regulations, and to remain resilient in fighting the pandemic.
MARYLAND — A Zimbabwean state official says three members of the opposition Movement for Democratic Change (MDC), who were seized by unknown assailants last Wednesday, tortured and dumped 80 kilometers outside Harare, are stage-managing their abductions in order for the international community to deploy troops in the country and topple the ruling Zanu PF government. Deputy Information Minister Energy Mutodi, who described Harare lawmaker Joanna Mamombe, Cecilia Chimbiri and Netsai Marova as “comedians” seeking the removal of President Emmerson Mnangagwa’s government through international military force, claimed that their abductions are nothing new in Zimbabwe as “the opposition has failed to defeat Zanu PF in national elections”.
He said, “… It started with (late MDC founding president) Morgan Tsvangirai. He couldn’t win an outright majority to form a government and that led to that GNU (government of national unity). That legacy has continued with (MDC Alliance leader Nelson) Chamisa as well. He has failed to win the hearts of the Zimbabwean people … Now the opposition and other enemies of the government, they are now coming up with something, some strategies that can entail the international community to fight the Zimbabwean government directly seeing that on the election front they cannot achieve regime change.
“So, these abductions are being used by opposition leaders to ensure that government has a bad image, government is seen as torturing its citizens and breaking international law and they hope that this will trigger international powers or foreign powers like the U.S and other hostile countries into not only imposing more sanctions but also deciding on military intervention. They are entertaining this hoping that one day there will be military intervention by some countries, something that we know is not going to happen.”
He said the “fake abductions” started with “some comedians, I don’t still remember their names), we come to the doctors, that Magombeyi as well, they were all those stories and they continue, now with an MDC MP saying they have been abducted. What these people are doing is that they are faking these abductions.”
Challenged to elaborate on his suggestions about fake abductions in the wake of the brutalization of Dr. Peter Magombeyi, who was leader of the Zimbabwe Hospital Doctors Association during the time he was seized by suspected state security agents, and the disappearance of some activists in independent Zimbabwe, Mutodi insisted that the opposition MDC led by Chamisa was playing dirty political tricks in order to unseat the ruling party while attempting to quell an uprising in his party.
He claimed that the three women, who were allegedly sexually abused and tortured by their captors that seized them at a Harare police station and then dumped them two days later in Bindura South, may have been abducted by some members of the MDC.
He further claimed that they may have self-inflicted wounds in order to get national and international sympathy.
“… They take themselves around in the countryside, they put bruises on their bodies and then they start alleging that they have been abducted by the government so that the government has a bad image and criticized by international players. So, this is something that is now well known. There is rivalry in their party … They are fighting with each other. This is something that does not need a rocket scientist to explain. These people are fighting.”
Pressed to explain on the abduction of the three woman, Magombeyi, Itai Dzamara and others, Mutodi said, “… Do you think Magombey was abducted? His story was not convincing. He wanted a salary increase … All these people like Magombeyi, these are fake people who are trying to gain political mileage and recognition out of nothing.”
He also claimed that it is difficult to arrest assailants as the abductions “are fake”.
Mutodi claimed that Mamombe and other MDC activists had suspicious injuries. “If you check them, if you put them before a doctor they will tell you that these people were not tortured, these people have good faces, they are smiling, but they only cry when it comes to the camera, to portray a bad image against the government.”
Questioned on these remarks, he said, “It’s very possible. These are comedians, I’m telling you. These are comedians trying to create a bad image against the government and trying to remove a constitutionally-elected government through hook and crook. This is clear duplicity which they are doing.”
But some MDC activists dismissed his remarks as “senseless and directionless”, saying Mutodi is singing for his super.
Edwin Ndlovu of the MDC Alliance led by Chamisa said, “This guy does not know what he is talking about. He is clearly singing for his super. There is nothing like faking an abduction when we clearly know that some people in the MDC have gone missing. The government has failed to account for them and people like Itai Dzamara, Paul Chizuze, and others were also abducted. Does Mutodi mean that they abducted themselves? They disappeared without a trace. Where do you think they are right now? The government knows what is going on.
“It is unbelievable that someone can talk about people inflicting injuries on themselves. That does not happen. It’s senseless to say that. We have women who are seriously injured and Mutodi is talking nonsense like this. Clearly, the government has a hand in their disappearance. I have no doubt about it.”
Henry Chimbiri, the father of one of the abducted MDC activists Cecilia Chimbiri, echoed the same sentiments, noting that indications are that state security agents have a hand in the brutalization of her daughter and the two other women.
“… The question I asked the police (when he went to a hospital where Cecilia is hospitalized) is about who found the girls. They are not the ones (police) who found the girls. I found the girls with the help of the MDC and lawyers. They did not make any attempt to search for the girls, Joanna Mamombe, Netsai Marova and Cecilia Chimbiri. They did not make any single, minute effort to search for them. When we went to Harare Central Police Station the officer in charge said he does not know anything about the girls but these girls were arrested at a police roadblock at the Harare showgrounds and even myself I was also almost arrested there.
“They said ‘you old man we will call our bosses and tell them that you causing problems and take you away’. I wanted to find out what happened to the girls. The whole thing has come out. These girls were under surveillance.”
He claimed that police wanted to block him and his wife from entering the ward where his child was admitted at Park Hospital.
The international community has urged Zimbabwe to fully investigate the matter.
It is Charlie Scharf’s most fervent desire and deeply-felt ambition to turn Wells Fargo into JPMorgan Chase. He’s tried to make it look like the House of Dimon. He’s even injected a little Dimon blood (by marriage) into the operation. Try as he might, however, JPMorgan still doesn’t see the resemblance.
J.P. Morgan analyst Vivek Juneja reiterated the underweight rating he’s had on the stock for the past two years, writing in a note to clients that “concerns about dividend cuts have weighed on Wells Fargo recently because it has the highest payout ratio among our banks and also because of remarks by [Federal Reserve] Vice Chair [Randal] Quarles.”
And if this spurning gets Wells thinking it might like to look like still another bank, well…
Regarding speculation by some of a merger between Wells Fargo and Goldman Sachs Group Inc., Juneja said any bank acquisition by Wells is “banned by law” as the bank already exceeds the 10% deposit market share limit.
According to data collected by ALM for their 2020 Am Law 200 ranking, which firms graduated from the second hundred (ranked 101-200) to the Am Law 100 this year?
Hint: Two new firms managed to make the cut this year.
After watching so many of my friends in the global legal community say goodbye to their jobs on LinkedIn, I posted the following offer: “DM me if you can benefit from the perspective of someone who has done a few things in law, has seen a few ups and downs, and pivoted her career multiple times in good times and bad.”
And DMs I got! Many, many, many DMs … DMs and calls later from lawyers all over the world.
So, here is my general advice: If you lost a job (and even if you haven’t), now is a good time to stop swimming in your proverbial legal lane. Hustle. Create your own opportunities. Take risks. Very big risks. There’s no blueprint. There are no rules. Try things that may be a bit out there and feel uncomfortable. If you fail, recover quickly, learn, and blame on COVID if needed. Then, repeat until you get what you want.
This method works, in good times and bad! Why?! Because the limitations of the legal swim lanes are a fiction that many of us have collectively bought into. In fact, there are many ways to practice law or have an amazing legal career profitably, impactfully, sustainably, and (gasp!) joyfully.
In bad times, the downside of risk is much greater. Now, you have an easy excuse to blame that failure on. In other words, the license to fail is the upside of COVID. I promise you that everyone will nod in understating, and likely will give you a hug (even if virtually), when you explain a failure with “yep, COVID,” followed by eyes roll.
So, why not do something unprecedented in unprecedented times?!
Now you may be asking: “Where do I start?” I am glad you asked.
Generally speaking, I am a fan of just jumping into proverbial cold water and making a big splash. After all, while diving may be more elegant, cannon-balling is infinitely more satisfying! But if you must take small steps, how about you start with learning, through books, research, and observations, the following soft skills that your law school was (and possibly still) blissfully unaware of.
Innovation
Innovation is a must-have skill for every modern lawyer. Lucy Endel Bassli, former Microsoft lawyer and author of Simple Guide to Legal Innovation, recently spoke about legal innovation in law. Suffice it to say that it is a huge opportunity. After all, over $70 million was invested in legal tech last week, in the middle of a pandemic. No need to chase Biglaw or other scarce opportunities. Follow the money. That is where legal is going. That is where you must pay attention.
Change Management
The cliché rings truer today than ever: change is the only constant thing! Julie Honor, general counsel at 3Q Digital, shares simple steps to implement a change management mindset in your organization. In sum, fact-based decisions, supportive communication, and consensus-building are a must. And caring for your organization and colleagues will go a long way. This is how general counsel and in-house lawyers lead!
Leadership
Transparency is the currency of leadership. Being truthful and helping others be heard builds trust and long-term relationships. For example, Nina Chang, Associate General Counsel of Neo4j, discusses lagom, a Swedish word meaning “just the right amount.” Incorporating the principles of lagom into the corporate culture and everyday practices such as contract negotiations leads to a more transparent culture, happy stakeholders, and satisfied customers. Ultimately being transparent allows all of us to show up as ourselves, have honest conversations, and be of service. Why not try that sometimes?
For those of us in the legal community that still have a job — pause and stay grateful. Then actively assist those in transition. We are a community! That is by far, hands down, the best part of law practice. Remember, very few pools have only one lane. Even if swimming across lanes is not your thing now, it’s time to learn. We must support each other. That is what communities do in good times and bad.
Olga V. Mack is the CEO of Parley Pro, a next-generation contract management company that has pioneered online negotiation technology. Olga embraces legal innovation and had dedicated her career to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and more inclusive than before by embracing technology. Olga is also an award-winning general counsel, operations professional, startup advisor, public speaker, adjunct professor, and entrepreneur. She founded the Women Serve on Boards movement that advocates for women to participate on corporate boards of Fortune 500 companies. She authored Get on Board: Earning Your Ticket to a Corporate Board Seat and Fundamentals of Smart Contract Security. You can follow Olga on Twitter @olgavmack.
Lady Gaga (Photo by Axelle/Bauer-Griffin/FilmMagic)
If you needed some reminder that a global pandemic is not the time to take your law firm’s secure technology for granted, well, this is the story for you.
Entertainment law firm Grubman Shire Meiselas & Sacks is the victim of a ransomware (called “REvil”) attack and 756 gigabytes of data was compromised. Some of the headline-grabbing names that the stolen data relates to are Jennifer Lopez, David Letterman, John Mellencamp, Robert DeNiro, Christina Aguilera, Barbra Streisand, Mariah Carey, Andrew Webber, Luther Vandross, Sean Puffy Combs, Rod Stewart, Priyanka Chopra, Bruce Springsteen, Elton John, the Kardashian sisters & family, Madonna, Christina Aguilera, Nicki Minaj, Tom Cruise, Dwayne Johnson, and Lady Gaga.
Last week, the firm refused to pay the $21 million in ransom that was demanded. In retaliation, the hackers have leaked 2.4 gigabytes of data related to Grubman client Lady Gaga, saying:
“It seems that GRUBMANS doesn’t care about their clients or it was a mistake to hire a recovery company to help in the negotiations,” the hackers wrote. “As we promised, we [published] the first part of the data because the time is up.”
They’ve also reportedly upped the requested ransom to $42 million.
In a statement to Rolling Stone, a firm spokesperson confirmed the firm has no intention of paying the ransom:
“Our elections, our government, and our personal information are under escalating attacks by foreign cybercriminals. Law firms are not immune from this malicious activity,” a spokesperson for Grubman Shire Meiselas & Sacks told Rolling Stone in a statement.
“Despite our substantial investment in state-of-the-art technology security, foreign cyberterrorists have hacked into our network and are demanding $42 million as ransom. We are working directly with federal law enforcement and continue to work around the clock with the world’s leading experts to address this situation.
The leaking of our clients’ documents is a despicable and illegal attack by these foreign cyberterrorists who make their living attempting to extort high-profile U.S. companies, government entities, entertainers, politicians, and others,” the spokesperson added. “We have been informed by the experts and the FBI that negotiating with or paying ransom to terrorists is a violation of federal criminal law. Even when enormous ransoms have been paid, the criminals often leak the documents anyway.”
The hackers have also released a statement boasting that they have sensitive information related to President Trump:
“There’s an election race going on, and we found a ton of dirty laundry. Mr. Trump, if you want to stay president, poke a sharp stick at the guys, otherwise you may forget this ambition forever,” they wrote. “And to you voters, we can let you know that after such a publication, you certainly don’t want to see him as president. Well, let’s leave out the details. The deadline is one week.”
It is unclear what Trump information the hackers claim to have. Trump is not a client of the Grubman firm.
Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).
[W]hile salary cuts shore up a firm’s finances, they don’t fix the underlying problem: too many lawyers, specifically more lawyers than can be kept growing professionally at the required pace given the volume of work available to them. With the level of U.S. economic activity not expected to regain its Q4 2019 level until the first half of 2022, this is more than a short-term challenge. Unchecked, it creates a post-recession existential risk for firms: clients decamping to rivals to avoid being served by under-experienced associate cohorts. Hence, we should expect layoffs when lawyers return to their offices (you can’t reasonably lay someone off over Zoom).
— Hugh A. Simons, formerly a senior partner and executive committee member at The Boston Consulting Group and chief operating officer and policy committee member at Ropes & Gray, arguing salary cuts may not be enough for some law firms, and that layoffs — and even closures — may be coming down the line. As he notes in his well-reasoned essay, “There’s a new class of associates set to arrive (averaging 6-7 percent of lawyer headcount) and voluntary attrition has gone to zero (as it does in any recession). It will be ugly.”
Staci 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.
Olga V. Mack is the CEO of 
Kathryn Rubino is a Senior Editor at Above the Law, and host of 
