Zimbabwe police use force to disperse opposition crowd – The Zimbabwean

A police officer tackles a woman with his boot outside the MDC headquarters in Harare [Jekesai Njikizana/AFP]

Riot police in Zimbabwe’s capital have forcefully dispersed supporters of the main opposition party who had gathered to listen to a speech by their leader.

Hundreds of police officers on Wednesday blocked roads leading to the headquarters of the Movement for Democratic Change (MDC) in Harare but supporters continued to gather, singing and chanting before the arrival of party leader Nelson Chamisa, who was set to address them.

A few minutes after Chamisa entered the party building, police charged the crowd with batons and began beating them. Reuters news agency cited witnesses as saying that police also fired tear gas, causing a stampede.

MDC officials – who accuse President Emmerson Mnangagwa of adopting the heavy-handed tactics of his late predecessor, Robert Mugabe – said the skirmishes once again showed that the opposition party was a victim of government brutality.

“The MDC strongly condemns that violent attack by the police on the citizens who had peacefully gathered outside our (headquarters). This kind of barbaric brutality is totally unacceptable in Zimbabwe,” MDC national spokesman Daniel Molokele said in a statement.

On Sunday, Mnangagwa defended his record in an opinion piece carried by CNBC Africa, saying his administration was opening up political and media space.

But police have this year banned several MDC gatherings, saying they feared the events would turn violent.

Police surround and assault MDC supporters [Tsvangirayi Mukwazhi/AP Photo]

Political tension is rising in Zimbabwe, where the population is grappling with a severe economic crisis that has seen rolling power cuts lasting up to 18 hours a day and shortages of foreign currency, fuel and medicines.

Most public sector doctors have been on a strike over pay since September, which has paralysed government hospitals where the poor seek treatment. Other public sector workers are demanding US dollar-indexed salaries to protect them from soaring inflation.

Critics say Mnangagwa has failed to keep promises he made during last year’s election campaign to revive the economy by pushing through economic reforms, attracting foreign investment to create jobs and rebuilding collapsing infrastructure.

Zimbabwe security forces attack opposition supporters – The Zimbabwean

Supporters of the main opposition party had gathered to hear a speech before police moved in [Chris Muronzi/Al Jazeera]

Harare, Zimbabwe – Anti-riot police fired tear gas and attacked a crowd of opposition supporters with batons in the capital on Wednesday.

The crowd gathered outside the headquarters of the main opposition Movement for Democratic Change Alliance (MDC) to hear party leader Nelson Chamisa’s planned “hope of the nation” speech.

A handful of opposition supporters danced and sang for several hours in the morning as police watched from a distance.

A balcony at the headquarters had earlier been converted into a makeshift podium after police barred the MDC from holding the event at the Africa Unity Square, the main venue of opposition protests.

A banner with a photo of Chamisa and public address equipment were perched on the balcony in anticipation.

Justin Mwaramba, an MDC supporter, defied the police ban and stood on the pavement with scores of other supporters. He told Al Jazeera he was optimistic more people would come but feared the heavy police presence would dissuade others.

“What the police are doing is not democratic. It’s not constitutional,” Mwaramba said.

“The people-driven constitution is very clear about our right to demonstrate. It is a clear indication that the ruling party or the present government does not respect the constitution,” he added.

Police officers told people who gathered adjacent to the opposition headquarters to disband.

“Those who don’t have business must disperse,” one riot police officer told those assembled.

But opposition supporters pledged to stay put. “We are not going to move,” an MDC supporter who did not want to be identified said.

“How come they don’t stop ZANU-PF from demonstrating,” he continued, referring to the ruling Patriotic Front party of Zimbabwe.

As the leader of the opposition, Chamisa, arrived at the party headquarters to wild cheers from his supporters, at least 100 police officers who had barricaded the street started charging towards the crowd.

Swinging batons wildly, the police attacked MDC supporters and left several injured. Others fled the scene and sought refuge in nearby buildings, including MDC Youth Assembly deputy chairperson Cecelia Chimbiri.

MDC supporters denounced the violent treatment by riot police [Chris Muronzi/Al Jazeera]

Another casualty was an unidentified journalist who suffered a gash on the back of his head.

As tear gas engulfed the scene, shops in the vicinity were forced to close. A policeman threatened journalists who kept taking photographs but he later moved on.

Shortly after the violence, Chamisa’s spokesperson Nkululeko Sibanda condemned the attack on party supporters.

“It is surprising because we did everything we could to make sure that the police are aware of what we wanted to do,” Sibanda told journalists.

“The MDC is a large political movement in this country and will not be deterred by another political party. It is sad that [President Emmerson] Mnangagwa will decide to use the militant police in the way he has done today. The fact of the matter remains, it is not going to give Mnangagwa legitimacy and it’s not going to stop the MDC from moving forward with its programme and ideals.”

The police, however, denied accusations that the event had been banned. Police spokesman Paul Nyathi said opposition organisers and the authorities had agreed to move Chamisa’s speech to a venue on Harare’s periphery.

The opposition responded that it has a letter confirming the police ban.

Anti-riot police in August also assaulted hundreds of anti-government protesters thronging the Africa Unity Square in central Harare.

President Mnangagwa’s government has been accused of being heavy-handed while dealing with opposition protesters.

Sibanda reiterated that Chamisa remains “committed to the struggle of the people” and “the police are not a force strong enough to stop the people of Zimbabwe”.

“The people should not let up,” he said. “The struggle goes on.”

The violence came after the police banned Chamisa’s planned address on Tuesday, citing security reasons.

DA condemns SA’s legitimisation of Zimbabwean ‘strong man politics’ – The Zimbabwean

DA MP Mat Cuthbert asked Pandor what the South African government’s position was on the economic sanctions placed on Zimbabwe by the US and European Union (EU), whether it supported a human rights-based foreign policy and whether the government stood in solidarity with the Zimbabwean government despite its alleged human rights abuses.

“Our stance toward Zimbabwe’s economic sanctions is primarily guided by the positions of the Southern African Development Community [SADC] and African Union, which calls for the immediate lifting of sanctions imposed on Zimbabwe by the US and EU,” Pandor in the answer that was distributed on Tuesday.

“South Africa’s foreign policy is premised on the observation and respect for human rights and this also guides our bilateral engagements.

“South Africa’s developmental aspirations and future are inextricably linked to that of the southern African region, as such South Africa unequivocally stands in solidarity with all SADC member states, including Zimbabwe. The UN Human Rights Council remains the UN’s mandated body to promote and protect human rights globally, not unilateral states’ decisions.”

On Wednesday Cuthbert said this negates the human rights-based foreign policy approach that has been adopted by the Department of International Relations and Cooperation in recent history.

“This is an explicit admission that Minister Pandor is not interested in the fact that daily abuses of power such as violence towards civilians, suppression of the independent press and electoral fraud are meted out by President Emmerson Mnangagwa.”

He said it appears that South Africa’s foreign policy is underpinned by hostility to property rights in favour of crony state economy and violent repression.

“This should not be the case as South Africa’s constitution is underpinned by the rule of law and democracy. Most disturbingly, it signifies an intent by the Minister to adopt an approach that is more favourable towards the National Democratic Revolution as opposed to the National Development Plan – which is in clear contradiction of national policy.”

He said the DA will not stand by while the government “throws its lot in with the strong men of continental politics”.

“Rather, we will continue to pursue an economic agenda that places human rights at the core of our policy offer.”

He said the DA believes that South Africa and Africa needs strong institutions to support democracy underpinned by the rule of law, not strong men arbitrarily creating and applying laws to suit their personal agendas or facilitate corruption and repression.

“This is crucial in us restoring our image as a beacon of light to the rest of the developing world.”

On Wednesday, Zimbabwean riot police fired tear gas and beat opposition supporters after barring a planned address by the main opposition leader, Nelson Chamisa, AFP reported.

Hundreds of supporters had gathered outside the headquarters in Harare of the Movement for Democratic Change (MDC) after the party was denied permission to hold a rally in the city’s Africa Unity Square.

Chamisa had been expected to make the address from the office balcony instead.

As the crowd danced to party songs blaring from speakers on the balcony, baton-wielding police arrived to disperse them.

An AFP correspondent saw a man with a bleeding gash on the head and a swollen arm after being hit with a truncheon as he left a food outlet.

Homes, land destroyed as desperate Zimbabweans turn to illegal gold mining

Post published in: Featured

Homes, land destroyed as desperate Zimbabweans turn to illegal gold mining – The Zimbabwean

The 13 men, led by one carrying a metal detector, left open gullies all over the area in Filabusi, about 80km (50 miles) south of Bulawayo.

They told the Thomson Reuters Foundation they would dig wherever their metal detectors sensed gold, clearing bush and burning grass if they had to – even on someone else’s property. None of the men had a mining permit.

“Whenever you hear of a gold rush, you know serious money is involved. People literally pick up gold nuggets,” said Thomas Ncube, one of the miners whose name has been changed to protect his identity.

With Zimbabwe going through its worst economic crisis in a decade, desperate citizens are turning to illegal gold mining to make a living, officials say, sparking fervent gold rushes that can lead to violence and drive people from their land.

The problem has gotten worse over the past year, warned Robert Msipa, a district officer with the government’s Environmental Management Agency.

“In some recent cases police have (had) to set up bases, as such gold rushes are punctuated with machete violence,” he said in a phone interview from Bubi, the district he oversees in western Zimbabwe.

A spokesman for the national police force in Harare declined to comment.

There are no official figures on illegal gold-mining activities in Zimbabwe.

But Msipa noted that since September 2018, eight gold rushes involving both licensed and unlicensed miners have been recorded in Bubi district, one of the most gold-rich areas of the country.

Locals in other parts of Zimbabwe reported similar spikes in illegal mining in their areas.

In the country’s western Insiza district, farmers described how in October illegal miners burned most of their grazing lands to clear the way for digging, and then left behind vast open pits that injured cattle who fell into them.

Small-scale and illegal miners sometimes also add mercury to the soil to separate minute gold particles from other minerals, farmers said.

“They burn grass for their metal detectors to work and use mercury which is very dangerous to our livestock and humans,” lamented villager Soneni Ncube.

BURNING FIELDS

Zimbabwe’s gold-mining sector accounts for about 40% of the country’s mineral output, according to the Zimbabwe Miners Federation (ZMF), an umbrella body of gold miners’ associations.

That makes gold second only to tobacco in the amount of foreign currency it brings into Zimbabwe, said Dosman Mangisi, a ZMF spokesman.

The mineral-rich southern African nation sees the mining sector as the main driver for reviving an economy crippled by triple-digit inflation and high unemployment.

Prosper Chitambara, an economist and researcher at the Labor and Economic Development Research Institute of Zimbabwe, said that the country loses up to $3 billion each year in potential earnings to illegal gold mining.

“That affects the fiscal capacity of the government to be able to invest in the socio-economic rights of its citizens,” he said.

For communities living on gold-rich land, the impact of illegal mining is often more personal and destructive, noted Jane Lusinga, the ZMF regional representative for women in the province of Matabeleland North.

She pointed to the latest gold rush at Lonely Mine, the site of operations for several small-scale mining companies in Bubi district.

There are no official figures on how many families have been displaced by recent gold rushes, said Lusinga, but she estimated about 3,000 illegal miners had descended on to the district over just a few weeks starting in September.

One group burned down a farmer’s mud-and-grass house, she said. “(The) miners then proceeded to dig up the hut’s foundation and the (farmer’s) entire fields in search for gold.”

That was one of several cases of families being displaced by illegal gold miners that the ZMF is investigating, she added.

The organization is holding regular meetings with miners, residents, government officials and traditional leaders “to try and see how we can lobby for a permanent solution to this issue,” Lusinga said.

‘ABOVE THE LAW’

Nhlanhlayamangwe Felix Ndiweni, the chief of Ntabazinduna village in Matabeleland North, said that his village is regularly inundated with illegal miners looking to strike gold.

“These gangs are armed and organised. It’s as if they are operating above the law … They seem to come and go as they please,” he said.

The ZMF said it does not have the resources to stop the sudden surge of illegal gold mining, or the violence and destruction that comes with it.

“There is nothing that can be done to lessen gold rushes in Zimbabwe,” said Mangisi of the ZMF. “(All) we can do is to mobilize and register illegal miners so that they can mine legally.”

Earlier this month, the government reaffirmed its aim to more than triple the revenue generated by Zimbabwe’s mining sector to $12 billion by 2023.

Those plans include a commitment to registering more artisanal miners to try to tackle the illegal industry, noted Mukasiri Sibanda of the Zimbabwe Environmental Law Association, a non-governmental organization.

It is an important step toward helping Zimbabweans benefit from the valuable resources under their feet, he said.

“When you look at gold mining, and artisanal mining (specifically), it provides an opportunity for communities to directly own and control their natural resources,” Sibanda said.

“Through registering artisanal miners, communities can be empowered to develop themselves.”

DA condemns SA’s legitimisation of Zimbabwean ‘strong man politics’
Checkmate | The most instructive checkmating patterns in Chess

Post published in: Featured

Do Attorneys Need Even More Regulation? Some Think The Surrogacy Ones Do.

(Image via Getty)

It’s about that time of the year. No, not the holidays. It’s the time when some of us start to panic trying to cram in our CLE credits before the calendar year is over. Also, why are ethics courses always the most boring CLE credits to earn? In any event, while you are thinking deep thoughts about ethics, or merely trying to stay awake for the sake of maintaining your law license, consider adding to your ethics reading list this thought-provoking article on Surrogacy Professionalism by assisted reproductive technology law attorney Christina Miller and ethics professor June Carbone. The article is a must-read for any attorney starting out in the surrogacy field, facing a rocky road paved with ethical dilemmas. Maybe your state will even give you some self-study CLE credit.

Taming The Wild West … Through Lawyers

Surrogacy Professionalism characterizes American surrogacy law — often described as “ART” law even though there are no paintings — as “confusing, inconsistent, evolving, and difficult to categorize.” As you know from reading this column loyally, that’s not wrong. The article takes a hard look at the different ways jurisdictions have attempted to regulate the practice of surrogacy within their borders — banning or even criminalizing the practice, accepting the practice and setting guidelines and standards, or doing nothing (a popular choice!).

Miller and Carbone argue that all of these methods have their flaws. Even the most well-thought-out state regulation suffers from the pervasive defect that people and entities can travel beyond the regulations’ reach by merely crossing into other jurisdictions with friendlier legal environments. “It cannot be overstated how much uncertainty there is in the practice of ART law. Even if a surrogacy arrangement takes place in a jurisdiction like California that has clear law on the subject, the intended parents cannot rule out the possibility that a gestational carrier will flee to another jurisdiction, such as Michigan, where she will be the legal parent.”

The authors argue that a more effective route than creating laws on surrogacy arrangements themselves is to regulate the attorneys who practice in the area.

If There Isn’t Law, Why Do We Need Attorneys?

Miller and Carbone argue that, given the contractual emphasis prior to an attempted pregnancy in a surrogacy arrangement, the attorneys drafting and advising the participants are key players to mitigating future conflicts. They also contend that a number of standard surrogacy contract provisions might be unenforceable. These include abstaining from eating sushi or deli meats, or avoidance of microwaves. Or, more seriously, the common provision that a surrogate agrees to terminate, or not to terminate, a pregnancy in accordance with the intended parents’ wishes.

In the infamous Melissa Cook case, written about here previously, the gestational surrogate claimed that she never read the 75-page contract that she signed, and did not know that she had agreed to aborting part of her pregnancy from triplets to twins, or even a singleton if asked of her by the intended parent. When it was requested, her refusal sparked a long and arduous legal battle, ending with all three babies being born, but with her application for parental rights being denied. The case went all the way to the Supreme Court before a denial of certiorari ended the matter.

In Surrogacy Professionalism, the authors argue that the importance of such a key provision for one party normally would have led skilled attorneys to question whether Melissa Cook really wanted to be a surrogate for the intended parent in this case. Even if they parties ultimately wanted to proceed, perhaps they might have chosen to only transfer one embryo at a time, instead of the three that resulted in triplets.

Certification Time?

Surrogacy Professionalism argues that there is “a clear need for a surrogacy practice group to develop a specialty certification program that could be accredited by the American Bar Association, and whose members agree to abide by the ABA’s ethical guidelines.” The authors point to California’s specialty certification in family law. This doesn’t mean that you can’t practice without certification, but the certification would arguably give an attorney extra credibility in the marketplace. Only after practicing in the area for five years, spending 25 percent of professional time focused on the area, and passing a written exam, can a California attorney be certified as a family law specialist. A similar state-specific or national program could at least give consumers confidence in choosing an attorney with substantial experience in the area, although objectors will point toward further “cartelization” of the legal practice.

Conflicts Everywhere

The authors also explore the daily conflicts faced by surrogacy attorneys. For one, the legal fees of the attorney representing the surrogate are inevitably always paid by the intended parents (aka, the opposing party). This, of course, could possibly make the attorney more inclined to give in or appease the opposing party (the source of their fees), instead of zealously advocating for their client. In another regularly occurring conflict, most surrogacy attorneys receive many of their referrals from matching organizations. While it might not be in the client’s interest to go forward with the match, a broken match could mean a reduced or dried up referral source for the attorney as a result.

The conflicts take on another dimension when the matching entity and the representing attorney have intertwined interests. But the authors come out as “agnostic” as to whether such a conflict is permissible and reasonably overcome with disclosure, exploring both the pros and cons of the interconnected professional roles.

These are merely a few of the conflicts discussed that a surrogacy attorney will inevitably encounter. While I may not be eager to see more attorney regulation (it’s hard enough to keep up with all the CLEs!), Miller and Carbone pose some fascinating questions in their focus on the ethical issues regularly faced by surrogacy attorneys, and suggest reasoned proposals for improving the field. Definitely worth a read, especially if you are new to the area or considering bravely venturing into the surrogacy field.


Ellen TrachmanEllen Trachman is the Managing Attorney of Trachman Law Center, LLC, a Denver-based law firm specializing in assisted reproductive technology law, and co-host of the podcast I Want To Put A Baby In You. You can reach her at babies@abovethelaw.com.

Letter from Africa: Zimbabwe, the land where cash barons thrive – The Zimbabwean

REUTERS

In our series of letters from African writers, journalist-turned-barrister Brian Hungwe says the need for cash has not been eased by the release of new Zimbabwean dollar notes over the last week.

In Zimbabwe, cash is king.

You need notes in your hand to avoid paying a premium for goods.

This has come about because of a chronic shortage of physical cash – which has led to a three-tier pricing model.

For example, if you go into a supermarket to buy a 15 Zimbabwean dollar loaf of bread, you can pay:

  • Z$15 in cash
  • Z$18 in mobile money
  • Z$20 by debit card.

You also need cash to pay for bus fares – electronic transactions are not accepted on public transport – and road-side vendors or some small grocery shops only take cash.

A street vendor near Harare, Zimbabwe - November 2019REUTERSStreet vendors prefer notes or coins to electronic payments

A family of five with children of school-going age will need Z$250 a week for transport.

Extra weekly cash costs for bread, tomatoes and sugar could tot up to about another Z$150.

Yet banks have been rationing cash withdrawals to Z$300 a week – and ATMs have been empty.

Often people have been waiting fruitlessly in bank queues as there has not been enough money to give out.

Collusion

The cash crunch has led to a spike in inflation – it was running at 100% in June, when the local currency was officially reintroduced, and is now between 300% and 400%.

It has also led to a new term: “cash baron”.

People queuing outside a bank in Harare, Zimbabwe, to get newly released notes - November 2019REUTERSThere are long queues at banks for people waiting to get their weekly ration of cash

These are the people who never seem to have problems getting hold of cash – and are also in part to blame for rising inflation.

They make money from people needing local cash or foreign currency notes.

A family that needs cash to get their children on to buses to go to school will look for a cash baron – or their acolytes – to buy the cash, often paying 30% more for the notes.

These money speculators tend to hang out in the centre of the capital, Harare, or in busy markets.

It is alleged the cash barons are able to get hold of notes because of corrupt relationships with some banks officials.

Last week, the bank queues began moving forward thanks to a new supply of Z$2 and Z$5 notes, worth about Z$30m, that were released by the central bank, although some banks were rationing daily withdrawals – not allowing people to take out their Z$300 weekly allowance in one go.

However, the influx of cash did not seem to affect the cash barons.

In fact social media was awash with pictures of some alleged barons walking out with loads of newly minted green Z$2 notes.

Two banks have since been put under investigation for releasing huge tranches to some customers – who apparently used the money to source hard currency on the black market.

And President Emmerson Mnangagwa has issued a warning to the cash barons that they will soon face justice.

Brian Hungwe

Brian Hungwe

Zimbabweans have little faith in how the government has managed the economy over the last decade”

Presentational white space

But any penalties may not be enough to deter the appetite for US dollars on the black market as businesses need them to purchase desperately needed products.

People also need hard currency to buy medicines or to go abroad for treatment, given the failing health service, where doctors have been on strike for months.

And Zimbabweans have little faith in how the government has managed the economy over the last decade.

Back to the future

The Zimbabwe dollar was abandoned because of hyperinflation in 2009, when the country mainly adopted the US dollar and the South African rand.

Annual inflation reached 231 million per cent in July 2008. Officials gave up reporting monthly statistics when it peaked at just under 80 billion per cent in mid-November 2008.

Scolastica Nyamayaro has had to choose between buying her medicine or food.

In June the Zimbabwe dollar was reintroduced and foreign currencies were banned because the country had effectively run out of forex – as it was importing more than it was exporting.

Prices are now increasing on average about twice a month while salaries have remained stagnant.

Two Z$5 held over green vegetablesREUTERSPrices continue to rise but salaries remain stagnant

The central bank says over the next five months there will be a gradual injection of Z$1bn in cash.

And while Zimbabweans may be wary of high dollar bills – with memories of trillion dollar notes – there are now ironically calls for higher denominations such as a Z$50 bill.

For many it feels very much like it’s back to the future.

At the moment the highest denomination of Z$5 – which is worth about 30 US cents – cannot buy a soft drink or ice cream.

ZIM: Uphold constitution on women in decision-making

Post published in: Business