The Burning Desire To Be A Conduit

(Image via iStock)

I know, I know:  You want to be a conduit. It’s so easy; you don’t have to do anything. You just mindlessly pass along information, giving it no thought.  You can’t possibly be wrong about anything, because you’ve never expressed an opinion about anything. And you get paid as though you’re a lawyer! What could be better than that?

In-house, being a conduit looks like this:

“I’ve attached Bigg & Mediocre’s fee proposal.  What do you think?”

(Being a lawyer would require effort: “In the attached fee proposal, Bigg & Mediocre proposes X.  That proposal does not make sense for three reasons:  A, B, and C. Instead of what Bigg & Mediocre has proposed, we should suggest….”)

Alternatively, you could be a conduit like this:

“You said that this case would turn on the definition of the term ‘Event’ in the insurance policy. I’ve therefore attached the insurance policy for you to review.”

(Being a lawyer would require effort: “You said that this case would turn on the definition of the term ‘Event’ in the insurance policy. On page 7, the attached policy defines ‘Event’ as …. This means that we’re able to argue A, B, and C.”)

Or maybe you could be a conduit like this:

“I’ve opened the new matter that you sent to me. What expense reserve do you propose?”

(Being a lawyer would require effort: “I’ve opened the new matter that you sent to me. The case is silly, but Bigg & Mediocre is an expensive firm. Are you comfortable with an expense reserve of $X?”)

At law firms, you can also be a conduit:

“We just received 4,000 pages of documents from the plaintiff. I’ve attached them for your information.”

(Being a lawyer would require effort: “We just received 4,000 pages of documents from the plaintiff. There are three key admissions in the documents. At page P140 (third line), you’ll see that the plaintiff admitted ….”)

You can also be a conduit at a law firm like this:

“You asked me to research Topic A. I’ve attached copies of two cases for you to read.”

Being a lawyer, of course, would require effort.

Turn this over in your mind: When a novel coronavirus hits, and times are tough, and the firm is deciding who to lay off, who will get laid off first — the conduit or the lawyer?

Or consider this: When a firm is deciding who should be invited to enter the partnership and who should be discarded, who do you suppose will receive the invitation — the conduit or the lawyer?

I’m just sayin’.


Mark Herrmann spent 17 years as a partner at a leading international law firm and is now deputy general counsel at a large international company. He is the author of The Curmudgeon’s Guide to Practicing Law and Drug and Device Product Liability Litigation Strategy (affiliate links). You can reach him by email at inhouse@abovethelaw.com.

Center For Endangered Relics To Reopen After Memorial Day

Morning Docket: 05.18.20

(Photo by Jay Janner-Pool/Getty Images)

* Boies Schiller has been hit with a malpractice lawsuit over a representation involving water balloon patents. The litigants should just have a water balloon fight to settle the dispute. [American Lawyer]

* Charges have been dropped against a Tampa megachurch pastor who was accused of violating Florida’s safer-at-home orders. [Fox News]

* An attorney for Quinton Dunbar, an NFL player accused of armed robbery, claims he has affidavits proving his client’s innocence. [Boston Globe]

* A federal judge has called “Pharma Bro” Martin Shkreli “delusional” while rejecting his request for early release to help find a treatment for COVID-19. [Hill]

* A lawsuit has been filed against SeaWorld San Diego for continuing to charge annual pass fees while the park is closed due to COVID-19. [NBC News]

* Tiffany Trump celebrated her graduation from Georgetown Law this weekend. From one “Hoya Lawya” to another, congrats! [Yahoo News]


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.

Indefinite Extension of COVID-19 National Lockdown

National Lockdown Extended – but with Further Relaxations

and Subject to Fortnightly Reviews

Indefinite Extension of COVID-19 National Lockdown

Following the President’s address to the nation on Saturday afternoon, 16th May, a Government Gazette Extraordinary was published on Sunday evening, 17th May.  The only Statutory Instrument [SI] published with the Gazette was SI 110/2020, which is a further amendment – No. 8 – to the COVID-19 National Lockdown Order made by the Minister of Health and Child Care.  SI 110 is available for downloading on the Veritas website here [link].  A brief outline of its content is given below.

We shall soon be posting another consolidation of the principal National Lockdown Order incorporating all amendments to date, including Amendment No. 8.

Extension of National Lockdown

The result of section 4 of SI 110/2020 was that, instead of ending at midnight last night, the National Lockdown will now continue “to an indefinite date” but will be subject to “fortnightly review from the 31st May onwards”.

Other effects of SI 110 – the relaxations

Public examinations at educational institutions

Schools, colleges, universities or other tertiary education institutions will be allowed to conduct public examinations, but must comply with circulars issued by the responsible Ministries.  Conducting public examinations becomes an “essential service”.

Outdoor exercise

Outdoor exercise – walking or jogging or cycling along public thoroughfares, in public parks or open spaces, or at sporting or recreational establishments.  One’s dog or dogs are allowed to accompany anyone taking outdoor exercise.

Low-risk sports

Part IIIB of the principal National Lockdown Order is extended to cover allow exemptions for athletes competing in low-risk sports and their associated sport staff – and up to 50 spectators.  There are two pages of strict rules to be observed, including that no liquor shall be served or offered for sale.  Venues must not open earlier than 8 am and shut no later than 4.30 pm.

There is a definition of ”low-risk sport” – it means archery, swimming, athletics, rowing, cycling, equestrian events, fencing, golf, gymnastics, motors sports/BMX, shooting, tennis, chess, darts, draughts and pool.

Business hours in formal commercial and industrial sectors

Businesses will now be able to open from 8 am to 4.30 pm, instead of having to close at 3 pm.

Parliament?

Parliament’s Business of the House Committee is due to meet this morning to decide on the way ahead for carrying on the business of Parliament.  Both Houses are due to re-assemble tomorrow, Tuesday 19th May.  What they will do will depend on decisions reached at this morning’s meeting.

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.

Post published in: Featured

Cyber Security and Data Protection Bill Gazetted

Cyber Security and Data Protection Bill Gazetted

The long-awaited Cyber Security and Data Protection Bill was gazetted on Friday 15th May as H.B. 18, 2019.  The Bill is available for downloading on the Veritas website here [link].

Correction of Number of last Bill Watch

Our Bill Watch bulletin dated 13th May was wrongly numbered 28/2020 instead of 27/2020.  The website version of that bulletin has been corrected. 

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.

Post published in: Featured

Suspension of Election Activities

On the 25th March 2020, the Chairperson of the Zimbabwe Electoral Commission [ZEC], Judge Priscilla Chigumba, announced the suspension of electoral activities.  She said that in view of the President’s declaration of the global coronavirus as a national disaster all electoral activities would be suspended until further notice.  Her statement was made with reference to an upcoming by-election in Ward 16 of the Chiredzi Rural District Council which was scheduled for the 4th April 2020, but it applies to parliamentary as well as local authority by-elections.  Her statement was confirmed by ZEC’s Chief Elections Officer on the 9th May, who said that all pending by-elections had been suspended in view of the pandemic.  Whether voter registration has also been suspended is not clear.

Is ZEC allowed to suspend or postpone elections like this?  There is nothing in the law that says they can, as we shall show in this Election Watch.

The Constitution

Free, fair and regular elections are one of the principles of good governance, which is a founding value of Zimbabwe enshrined in section 3 of the Constitution and binding on “the State and all institutions and agencies of government at every level”.  The word “regular” suggests that elections must be held at uniform intervals and within the time-limits laid down by law, and that if they are to be postponed at all the postponement must be for a very good reason and must be done in accordance with law.

Section 67 of the Constitution gives every Zimbabwean citizen the fundamental right to free, fair and regular elections for any elective public office.  Again, the word “regular” is used.  So regularity of elections is one of the things to which citizens are entitled as part of this fundamental right.

Admittedly, the right to free, fair and regular elections, like most of the other fundamental rights in the Declaration of Rights, can be limited under section 86 of the Constitution so long as the limitation is “fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom”.  We shall deal later with the question whether ZEC’s suspension of by-elections is “necessary”, but for the time being we can simply point out that the suspension was not done in terms of any law ‒ it was merely an administrative decision, apparently not even a written one.

Finally, section 158(3) of the Constitution states that polling in by-elections to fill vacancies in Parliament and local authorities must take place within 90 days after the vacancies occurred, unless the vacancies occur within nine months before a general election.  The section does not say that by-elections can be postponed beyond the 90-day limit, and there is no other provision in the Constitution that gives a power to postpone elections or by-elections.

The Electoral Act

Section 39 of the Electoral Act gives the President power to fix the dates of by-elections to fill vacancies among the constituency members of the National Assembly, but – echoing section 158 of the Constitution ‒ says that polling in by-elections must not be more than 90 days after the vacancies occurred.

In the case of by-elections to fill vacancies in local authority councils section 121A of the Act gives ZEC power to fix the dates, but again the section states that the dates must not be more than 90 days after the vacancies occurred.  Although section 132 of the Act allows ZEC to change the dates, ZEC cannot extend polling beyond the constitutionally fixed time-limit of 90 days.  In any event, if ZEC does change the dates of a by-election under section 132 it must give notice of the change in the Gazette and in a newspaper.  ZEC has not given such notice of its decision to suspend all by-elections.

Was ZEC’s Action Lawful?

The answer is not entirely clear-cut, but in the light of what we have said above it is probably no:  ZEC could not lawfully suspend electoral activities until the Covid-19 epidemic is over.

Necessity

ZEC probably believed the suspension was necessary to prevent the epidemic getting out of hand.  If so, its belief was by no means unreasonable.  Combating the epidemic requires everyone to limit personal contact, and the process of voting necessarily involves citizens assembling at polling stations and coming into contact with other people.  There is a real danger that elections will increase Covid-19 infections.

Necessity is a ground on which people and institutions can be excused from complying with the law, but for obvious reasons the law carefully circumscribes it.  Before one can rely on necessity as a reason for breaching the law it must be shown:

  • that there was a real and immediate danger, and
  • that the danger was not one that the law says must be endured, and
  • that the step taken [in this case, suspending elections] was the only reasonable way of avoiding the danger, and
  • that the interest infringed [in this case, the right to participate in elections] was not greater than the interest protected (public health).

There is little difficulty with the first two of these:  Covid-19 is a real and present danger which no one is obliged to endure.  But the other two are more debatable.

Suspending elections is certainly one way of avoiding the risk of infection occasioned by the electoral process, but it is probably not the only one.  Social distancing at polling stations, temperature testing and the wearing of face masks may serve to keep the risk within reasonable levels.  Other countries have taken the risk of holding elections, or are about to do so:  South Korea has held a general election without increasing infections and so have Israel, Ireland and Mali among others;  Guinea and Cameroon re-ran some parliamentary elections and Malawi is about to re-run its presidential election.  With all these examples it cannot be said with any certainty that the drastic step of suspending all electoral activity was the only reasonable way of averting the danger of infection.

Suspending elections, furthermore, arguably infringes a greater interest than it is intended to uphold.  The right infringed, as we have said above, is the right to participate in regular elections, a right which is at the core of democracy and a fundamental value of our Constitution.  Public health is certainly very important and the Government has a clear duty to protect people, so far as it can, against life-threatening diseases;  but is public health a more important national value than democracy itself?  It is not obviously so.

In short, necessity is a shaky basis, to put it mildly, on which to justify ZEC’s suspension of all electoral activities.

Are there any other justifications?

Prohibition of gatherings

It might be argued that the suspension is necessary because public gatherings of more than 50 people are prohibited under the Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order (SI 83 of 2020), and electoral activities necessarily entail people gathering in public, whether to attend political rallies or to cast votes at polling stations.  One difficulty with this argument is that ZEC suspended electoral activities on the 25th March, before SI 83 of 2020 was published.  Another is that statutory instruments made under the Public Health Act cannot override a mandatory provision of the Constitution which, as we have said above, requires by-elections to be held within a 90-day period.

Conclusion

Our conclusion is that ZEC probably acted unlawfully when it suspended all electoral activities until the end of the Covid-19 epidemic.

Even if the suspension was legally correct, we think that ZEC went about it the wrong way.  The chairperson announced it, presumably with the approval of her fellow commissioners, but her announcement was not followed up with an official notice in the Gazette or a newspaper.  And, so far as we are aware, before announcing the suspension she did not consult all the political parties likely to be affected by it.

What ZEC should have done, in our view, was to apply to the Electoral Court for an order declaring that in view of the Covid-19 epidemic it would be lawful to suspend all electoral activity until the danger had passed.  If ZEC had done that, the court could have clarified the legal position after giving all parties an opportunity to express their views.

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.

Post published in: Featured

Zimbabwe’s land reform areas twenty years on (2)

This blog focuses on the ‘self-contained’ A1 farms, with a sample size now of 78. These are found in two sites in Gutu and Masvingo districts, and are in many ways the most successful in our sample. The number of exits is relatively small (only three since our first survey), and households have held onto the farms, very often with women taking over from husbands who have passed on. Currently there are nearly 30% of all households where women are the household head, many of whom have their own business (30% of all households with a female-run business contributing to household incomes), while 23% of households include women who are part of organised groups, and 18% have women who are in leadership positions. On our visit to Clare farm in Gutu district, we met Mrs BB. She explained how they had built up the farm:

When we came we had one scotch cart, one plough and we brought one heifer. My husband was working at that time. In 2005, we bought a pump from his salary and started developing our gardens, selling tomatoes to local boarding schools. Cattle multiplied and by 2007, we had 13. We also had more kids to help us on the farm too! My last child was born in 2012, and I have five. Now we have three pumps, although one is broken, and also a sprinkler and a large water storage tank. In 2016, we drilled a new borehole and aim to put in a submersible pump. In 2018, we bought a truck, which I can drive (she demonstrated, see below). All of this is from selling vegetables, as well as maize, and we sold five beasts for university and school fees. The kids are now getting older. One has banking and finance degree, and another has his own plot in a nearby resettlement and is doing well. The younger ones are in boarding schools. Our kids’ education was paid for by the farm, as well as a fine white wedding for our first-born in 2015. We also relocated our homestead to be nearer the horticulture plots and built new houses, buying a sofa, beds, wardrobes and a fridge.

Some self-contained farms were favoured by influential figures during the land invasions and 28% of all households are occupied by former war veterans. Many residents came from urban jobs, with 72% previously having jobs off-farm. This is now down to 54%, but links to off-farm employment are important. Overall, the population is relatively well-educated (59% having continued in schooling beyond Form II) and 27% of household heads have been trained in the Master Farming Certificate.

The average age of household heads in these farms is 52, and 46% of households have grown-up children aged between 21 and 30, a fifth of whom are out of the country, while 14% are now farming, very often on subdivisions of parents’ plots. Remittance income is received by about a quarter of households, but for most it is agricultural production that is the core of livelihoods. On average, 6.6 hectares is cultivated in a farm averaging 35.1 hectares in total. There is some rental of land in the area, but this is not significant. As one of our informants explained, “there is no space here now, and we are holding onto the land…. We may rent out a little to teachers and others who need a small plot, but otherwise it’s for the family”.

On average, households in these areas produce about two tonnes of maize and sell between 600-900 kg in the period between 2017 and 2019 (although with large variations in output and sales). Half of all households produced more than one tonne of maize, which is sufficient to feed a family. This is relatively intensive production, with between 65% and 80% applying inorganic fertiliser, and nearly all applying manure from the growing livestock populations. Given the poor sandy soils in the area, and despite the high level of tree cover still present, additional work to maintain soil fertility is important, especially in the Clare farm area, and a quarter of households had invested in soil conservation works on their farms in the past five years.

Although there is differentiation across households, a significant number are ‘accumulating from below’, and reinvesting surplus in agricultural production, including the hiring of labour. 44% of households have permanent male labour living and working on their farms (only 8% have permanent female labour), while around a third regularly hire temporary labour. Agricultural production focused on maize is complemented with horticulture, making use of the rivers that run through these sites, with around a third regularly producing for market, with an average income of US$1200 across all households (again highly differentiated). Cattle production is important – both for sale (38% of households sold in the past year) and for draft power (68% used their own cattle for draft in 2019). Quite a few households specialise, linking production to market. There are some who stick to maize, and other field crops, while others have invested in intensive irrigated horticultural production, some with contracts to supermarkets and with traders. Large church gatherings, notably the annual event at Serima Mission, are important marketing opportunities.

Mr and Mrs M from Wondedzo Extension showed us round their impressive horticulture farm, recently the site of a field day organised by a private sector company, and attended by extension workers and others. Mr M had been a bus driver before, and had chucked in his job in 2015, investing in a borehole on his farm. Today nearly two hectares are irrigated, with a huge range of vegetables, from beetroot to butternut, with an attempt to capture the higher value markets in Masvingo. We continued to Mr and Mrs MV who explained the story of their farm:

We came from Bikita with six cattle. They increased to 30 or more as there’s plenty of grazing here. We cleared a large area of land – up to 15 hectares – and grew and sold maize for many years. We bought a truck from selling. We also sold cattle – for example, last year we sold cattle and paid for a 50m borehole near the home, plus building the pump house and fencing. It cost US$4000. We currently have four pumps, and cultivate about two hectares near the Mtirikwi river. It is very profitable, and we are now down-sizing our maize production area, as prices change all the time and it’s difficult to plan. From profits from farming we bought a plot in Rujeko C in Masvingo. It has been a long project since 2006, but is now complete, and we have just bought barbed wire to fence the plot.

Mr MV is a local head teacher, and he says he wants to retire soon. “Farming pays much better”, he says. “But it needs time and commitment… We lost 5000 cabbages last year from cattle wandering into the field, as we were not supervising well. You also have to focus on workers. We employ a number, but they soon leave. Their aims to buy a mobile phone, then they go”. Given the level of production they achieve, they frequently send food regularly to the communal areas, and their home in Bikita, supporting a wider network of relatives beyond the immediate family. “This isn’t just ordinary farming: it’s commercial farming!”, Mr MV exclaims.

Across our sample, other common income sources include milk sales (17% of households), goat sales (15%), poultry sales (29%), trading (13% – mostly of vegetables to local towns) and house rental (14%), as a number of farmers have bought plots in nearby towns following good crop sales. These diverse income sources are added to by occasional examples of natural resource based harvesting and crafts, and are highly differentiated among households and by gender. Very few rely on institutional credit/loan finance, although around 18% had managed to secure command agriculture finance for seed/fertiliser, while only one farmer had a private contract for crop growing, so inputs and investment are derived from farm surpluses or off-farm work.

Increasingly in these areas a local economy is developing. Mr MV from Wondedzo Extension observed: “We no longer go to town… there are others who supply things. The Vapostori (members of the Apostolic church) have many businesses. They are very entrepreneurial. They can fix things, supply things. They have such big families, so have much labour for farming and other activities”.

Investments in the past five years included the purchase of ploughs (31% of households), carts (26%), cattle (22%), pumps (28%), solar panels (53%) and transport, notably cars (24%). By 2019, 74% had built a protected well near their homestead and 82% had a Blair-type latrine with a roof, and all had improved housing, with electricity for lighting supplied by solar and battery combinations in nearly all. Many also had multiple dwellings with cross-generational families living on the plots, with farms supporting growing numbers.

Overall, conditions are good in these areas, and people comment on how their lives have improved significantly. Mrs BB from Clare farm commented:

Nearly everyone here has cars – except for a few, such as the civil servants with jobs that don’t pay. Those who say farming doesn’t pay are talking rubbish! Even the graduates are coming back to farm. My husband has a local government post and is paid very little. I don’t worry about his small money. He has to borrow money from me. I am the farmer! My husband earns US$80 a month, but I can earn US$800 a day!

The main complaints focus on conflicts with those who come from nearby communal and A1 areas to poach graze, harvest wood and steal fencing. The governance arrangements retain the old ‘Committee of Seven’, established during the period of invasion, but this is combined with more formal systems, including councillors and other post holders. Struggles over chieftaincy boundaries have plagued the new resettlements, and our sites are no exception. The lack of infrastructure development in these areas reflects the absence of the state. Informal roads criss-cross the area, and people have to walk long distances to get a bus. As one informant from Wondedzo complained: “We had a grader come for our road, but only once. We have to maintain it ourselves. The government supports the schools and local clinic, and we do see the extension officer and the vet occasionally, and some receive support from Command or the Presidential Scheme, but we are mostly on our own!” For some, this absence of state involvement is seen as an advantage. One informant commented on the recent visit by an audit team: “It was a waste of time, they came to collect information, but I said at the meeting, just look around, we are doing well!”

While there is a clear pattern of differentiation emerging both within these areas and between the self-contained schemes and others, the self-contained farms are by-and-large booming, with regular maize harvests – some very significant; the highest across the four years we collected data for in this round (2016-2019) was 20 tonnes, with 16 tonnes sold, combined with an important focus on intensive horticultural production.

Since the farms are self-contained, with less than a quarter of the area cultivated and the rest grazing, and because of the haphazard nature of bush roads, for those visiting for the first time, they might assume that these areas are under-used and of low productivity. But this would be wrong. There is significant investment, including in relatively luxury goods like cars and trucks, and the housing stock is impressive across the areas, even if scattered in what some would deem ‘just bush’. As MV from Wondedzo Extension commented:

We expect great riches in 20 years’ time. The future is definitely irrigated horticulture. If we sink more boreholes and diversify and intensify our production, people will be rich and lives will improve, even from the next generation, as you only need a few hectares. One of my sons has a plot here and is growing sugar beans, very successfully.

Those who are accumulating from below – probably over a half of all households – are investing in the farm, and are employing others in the area (although most employment comes from nearby communal and A1 areas). Such households also have an eye on the longer term, with purchases of plots in nearby towns and the building of rental houses. Some with older children who have not gone out of the country to seek jobs, are accommodating them on the farm, as land is subdivided a generation on from land reform. Those who are doing well are employing others (although most employment comes from nearby communal and A1 areas), as a future of intensive, commercial, market-oriented production is envisaged for these farms.

This post was written by Ian Scoones and first appeared on ZimbabwelandLed by Felix Murimbarimba, the Masvingo team is: Moses Mutoko, Thandiwe Shoko, Tanaka Murimbarimba, Liberty Tavagwisa, Tongai Murimbarimba, Vimbai Museva, Jacob Mahenehene, Tafadzwa Mavedzenge (data entry) and Shingirai, the driver. Thanks to the research team, ministry of agriculture officials and the many farmers who have supported the work over the years.

Post published in: Agriculture

Profiteering from a pandemic? No man Econet Wireless Zimbabwe

A person checks a policeman’s temperature during a nationwide lockdown to help curb the spread of the coronavirus disease (COVID-19) in Harare, Zimbabwe, May 14, 2020. REUTERS/Philimon Bulawayo

Imagine owning a share in this listed company. You read a report at the beginning of 2020 that the company’s half-year revenue to August 31, 2019, grew 45% and its customer market share for the same period is up to 69% from 66%. Although there are some translation losses, its earnings before interest, taxation, depreciation and amortisation (EBIDTA) increased 90%!

Then on 14 May, your share has just grown in value by 217%, year to date, compared to the all-share index that is up only 10%.

Too good to be true? No. The company is Econet Wireless, listed on the Zimbabwe Stock Exchange.

#EconetMustFall #DataMustFall has been trending on Zimbabwean social media, putting this leading African multinational at odds with the natural shift towards the use of telecommunications technology in Africa – particularly during the lockdown imposed by the outbreak of Covid-19. This has given some props to its Econet’s competitors, especially NetOne Cellular.

Restricted movement of people to contain the spread of coronavirus sharply increased the value of connectivity. This is why the share price of companies such as Amazon and Zoom are so hot right now; the latter is trading above $160 (R2 947) per share – it was around $80 in June last year, and only got to $100 in late February.

Even after the lockdown ends, some people will probably only resort to face time as the very last resort. Why then would Econet thrust itself in the middle of such a commercial-ethical-PR catastrophe?

Econet Wireless Zimbabwe is a listed subsidiary of Econet Global – which dabbles in telecommunications, technology and renewable energy in over 20 countries in Africa, Latin America, the United Kingdom, Europe, China, United Arab Emirates and New Zealand. One man owns more than 50% of Econet Wireless Zimbabwe. He is Strive Masiyiwa, a Zimbabwean dollar-billionaire who resides in London.

He shot to prominence by winning the 1990 Zimbabwean Businessman of the Year award.

He listed Econet in Zimbabwe in 1998, after a protracted battle with then President Robert Mugabe – who would not grant his business an operating licence. Arguing that was a violation of freedom of expression, Masiyiwa took to the courts and won after nearly bankrupting himself. He is my hero for ending the state monopoly of telecommunications in Zimbabwe.

A philanthropist of note, with other successful business ventures like the Liquid Telecom Group, in 2017 he was Fortune’s 33rd Greatest World Leader and among New Africa Magazine’s 100 Most Influential Africans.

Perhaps Econet Wireless Zimbabwe is too small an asset for Masiyiwa to be bothered now. But, to the people of Zimbabwe, whose children and businesses depend on connectivity, this is the biggest name they know.

Masiyiwa is an African brand and should not allow his name to be associated with what looks like profiteering from a pandemic that has the world in a state. He needs to step in to resolve this political-economic-social faux pas and publicly denounce it before it sinks his legacy in Zimbabwe and Africa.

* Victor Kgomoeswana is author of Africa is Open for Business, media commentator and public speaker on African business affairs.

** The views expressed here are not necessarily those of Independent Media.

United Nations Says Zimbabwe Facing Human Rights Woes, Collapsing Economy

The United Nations says Zimbabwe, which has extended a lockdown to contain COVID-19, is facing a plethora of humanitarian problems, such as recurring droughts, food insecurity and a collapsing economy, and needs international assistance.

One of those feeling the pinch is Trevor River, 28, who sells building materials in one of Harare’s poor townships. He wants the government to pay him as long as there is a lockdown and he can’t work.

“The lockdown is quite difficult,” River said. “The impact we are facing right now is quite huge because we are no longer selling. The source of our income has been cut short. So it’s quite difficult for us to survive.”

President Emmerson Mnangagwa extended the lockdown indefinitely, noting that it will be reviewed fortnightly.

In a televised address on Saturday, he said, “Zimbabwe will therefore continue on Level 2 lockdown for an indefinite period … We shall have regular two-week interval reviews to assess progress or lack of it. This should give us more time to strengthen the prevention and case management approaches for the various risk populations. … Social and physical distancing will continue to be maintained and enforced at all times. I appeal to our people to exercise greater discipline in this regard.”

Public health experts say the extension is the right move, but jobless informal workers are asking the government to pay them.

Earlier this week, police arrested some members of the political opposition who participated in a demonstration demanding that the government pay those who can’t earn a living because of the coronavirus lockdown.

Fortune Nyamande, head of the Zimbabwe Association of Doctors for Human Rights, said the country was still far from ready to lift its lockdown. He said he sympathized, though, with the unemployed, who have had no source of income since late March, when restrictions were imposed.

“The WHO [World Health Organization] specifies that for a country to a lift a lockdown, a country must not have a widespread community transmission,” Nyamande said. “It must have conducted adequate testing so that it can reflect on the extent of the disease. The health system should be well-equipped to respond to a surge in cases of COVID[-19]. Then finally the government should have the capacity to test, isolate and trace all the contacts of all those who test positive for COVID 19.

“Basing on this criteria, we still think that there is still a lot to be done. But however, extending the lockdown without addressing these four fundamental issues raised by the WHO is futile.”

Some informal traders are not waiting for the government to pay them. They are defying the lockdown and flooding the streets of Harare, selling their wares to make money.

Credibility zero – Zimbabwe Vigil Diary

Immediately news broke on Wednesday that three young MDC women had disappeared after being detained by the police following a demonstration in Harare over food shortages than the world knew exactly what was going on. It has happened so often before: critics abducted by state agents to be tortured, perhaps killed, as a warning against opposing the government.

The victims this time were Zimbabwe’s youngest opposition MP Joana Mamombe and two youth leaders Cecilia Chimbiri and Netsai Marova. Alarm was expressed by Western governments and human rights groups such as Amnesty International.  

The three women were eventually found more than 24 hours later dumped in Bindura, partially clothed after being assaulted. They said they had been forced to eat human excreta. Ms Mamombe and Ms Marova found it difficult to walk after their injuries while Ms Chimbiri complained of severe head pains.

An MDC spokeswoman Thabika Khumalo said the women had been brutalized and traumatised for standing up for the suffering Zimbabwean people. She said: ‘We are literally slaves in our own country’ (see: https://www.voanews.com/africa/rights-groups-condemn-torture-protesters-zimbabwe).

The police denied arresting the women. Government spokesman Nick Mangwana said police wanted to interview them on suspicion of committing crimes related to the lockdown laws and the holding of illegal demonstrations (see: https://iharare.com/govt-speaks-on-mdc-activists-abduction).

The Vigil came across Mangwana as Zanu PF leader in the UK. He was the head of a small, expensively-dressed group trying to counter our protests when Zimbabwean ministers visited London. A petition has been launched calling for his family to be deported and his British citizenship revoked (see: http://chng.it/94myW6rvzb). It has already been signed by thousands of people.

Other points

NOTICES:

  • The Restoration of Human Rights in Zimbabwe (ROHR) is the Vigil’s partner organization based in Zimbabwe. ROHR grew out of the need for the Vigil to have an organization on the ground in Zimbabwe which reflected the Vigil’s mission statement in a practical way. ROHR in the UK actively fundraises through membership subscriptions, events, sales etc to support the activities of ROHR in Zimbabwe. Please note that the official website of ROHR Zimbabwe is http://www.rohrzimbabwe.org/. Any other website claiming to be the official website of ROHR in no way represents us.
  • The Vigil’s book ‘Zimbabwe Emergency’ is based on our weekly diaries. It records how events in Zimbabwe have unfolded as seen by the diaspora in the UK. It chronicles the economic disintegration, violence, growing oppression and political manoeuvring – and the tragic human cost involved. It is available at the Vigil. All proceeds go to the Vigil and our sister organisation the Restoration of Human Rights in Zimbabwe’s work in Zimbabwe. The book is also available from Amazon.
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