Antidote to AI Overload: Framework for Tactical Use of AI Across the Legal Domain

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Start Date:10/29/19

Start Time:1:00 pm ET

Duration:60 minutes

Abstract:

The emergence of AI in the legal world has produced a whirlwind of technologies designed to drive efficiency and reduce legal spend. However, with a marketplace crowded with these tools, in-house counsel, legal operations, and project management teams are challenged when it comes to selecting the right tools and building a strategic roadmap for efficient use of legal technology in a constantly changing marketplace.

Hear from Vishal Anand, SVP Contracts & Compliance of Mindcrest, and Katie Harvalis, Director Delivery of Mindcrest, as they share their widespread, first-hand experience using AI tools on transactional (contract lifecycle management) and litigation (e-discovery) projects.

Leveraging case-studies and learnings from client projects, this discussion will address key issues such as:

  • Current state of CLM and Litigation technology marketplace
  • Overlap and differences in the underlying technology supporting CLM and Litigation tools 
  • Which tool functionalities to look for in different situations in both CLM and Litigation technologies
  • Practical framework on selection and use of CLM and Litigation tools
  • Need for Process in building, enhancing, and promoting the use of current day AI tools

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Speakers

Vishal Anand

SVP Contracts & Compliance
Mindcrest

Vishal serves as the Senior Vice President Contracts Management and Compliance Practice at Mindcrest, actively engaging with clients to provide subject matter expertise in implementing contracts and compliance solutions with the integration of emerging technologies.
Prior to Mindcrest, Vishal was a director with Thomson Reuters. During his time in this role, Vishal worked closely with Fortune 500 General Counsel, Law Department Managers, and Legal COOs to develop strategic roadmaps for enhancing various areas of their legal operations, including contract lifecycle management, outside counsel management, e-discovery, and regulatory compliance. Vishal also advised on legal aspects of Fund maintenance, operating agreements, and general corporate governance within the Legal and Compliance Division of Credit Suisse. He has extensive experience in designing, implementing, and measuring performance of end-to-end CLM solutions.
Vishal holds an LL.B. from Government Law College, Mumbai and an LL.M. from Columbia Law School.

Katie Harvalis

Director of Delivery
Mindcrest

Katie Harvalis is a Director of Delivery at Mindcrest, serving as the lead for multiple initiatives, including a technology tool identification process and implementation plan and an internal general data privacy compliance initiative focused on GDPR, cyber risk, and client contract risk. She manages multiple complex contract abstraction projects as well as a project involving surveillance of proposed state legislation within Mindcrest’s Legal Analytics practice area.
Before joining Mindcrest, Katie worked as a Manager of Client Services where she oversaw large teams involved in complex litigation for Fortune 200 companies across various industries, including pharmaceutical, banking, and oil and gas. She also managed an e-discovery team of over 300 attorneys involved in billion-dollar oil and gas litigation. Prior to assuming this role, she was an Associate Attorney at Smith & Weik after working as a Project Manager at Donovan & Watkins.
As a result of her years of experience, Katie’s areas of expertise include litigation, technology, early case assessment process creation, artificial intelligence/predictive coding, and process improvement focused on lean and Six Sigma project management principles. Katie earned her law degree from Northern Illinois College of Law after completing her undergraduate degree from the University of Iowa.

Jared Correia

CEO
Red Cave Law Firm Consulting

Jared D. Correia, Esq. is the CEO of Red Cave Law Firm Consulting, which provides business management consulting services to law firms and bar associations. Red Cave also advises startup companies and existing companies wishing to reach the legal vertical. Jared is a recognized subject matter expert on law firm management. He is a regular speaker for local, state and national bar associations and lawyers’ organizations and consistently writes for national legal publications, including Above the Law.

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A Collection Of Bad Bar Prep Advice

In honor of New York bar results being released last week and February bar prep on the verge of beginning, I have compiled some of the worst bar prep advice I’ve heard. Now, I am 1000 percent sure that I am going to get an email from someone saying, “But I did XYZ thing that you said was bad advice and it worked for me.” Listen, we all know that there are exceptions to every rule. But in general, the things listed below are not the best practices or things that work for most people. It is always a good idea to double-check the bar prep advice you receive from non-bar exam professionals.   

1. “Just do everything your bar prep company says and you’ll be fine.”

I’m starting with this one because, confession time, I’ve given this advice before. That is because it used to be true. However, more and more over the last few years, I am finding that it is necessary for students to get material from various sources and to modify the schedule they receive from their bar prep companies in order to be successful. This doesn’t mean that there is anything “wrong” with the materials or schedules that bar prep companies give. The reality is they are one-size-fits-all options and it will likely be necessary for you to tailor your schedule in order to reach your goals.

2. Anything that starts with “Back in 1918 when I took the bar exam, I did XYZ…” 

When the partner at your firm or, let’s be honest, any lawyer in your family, wants to give you advice based on what worked for them when they took the bar exam 30+ years ago, smile, say thank you, and then immediately cross-reference their advice with someone from your academic success department.

It is not that their advice is automatically bad, but it certainly is outdated. So, the course they tell you is the best might not be the best anymore, or there may be options out there that they aren’t even aware of. Also, the test may have changed substantially, and substantively, since they took it and some of their advice may no longer be applicable. 

3. “You should listen to MEE predictions from XYZ company.” 

Every time someone asks me what I think the topics of the MEE questions will be on the bar exam, my eyes flash red and my head spins around on my neck like in The Exorcist. When it comes to MEE predictions, the Anchorman quote “60 percent of the time it works every time” tells you everything you need to know. Thanks for that gem, Brian Fantana. 

I absolutely loathe essay predictions because on many, many occasions, I’ve watched students rely on these to their detriment by exclusively studying predicted topics in the weeks leading up to the bar exam. There is, however, a less harmful way to use MEE predictions. If you do happen to stumble upon some predictions, feel free to throw in a couple of extra essays on those topics. Just make sure that you aren’t ignoring everything else.

4. To someone who just failed the bar exam: “You were so close, you probably just need to study a little harder.”

If I had to pick my least favorite piece of advice on this list, this would be it. I know that it is hard to believe after my scathing review of the MEE predictions, but hear me out. If a student earned a score that is close to passing the bar exam, it is very unlikely that it was caused by a lack of work ethic. More likely than not, the person is struggling with one or more skills-based or strategy issues. So, following this advice would mean doing more of what we know did not work. This is terrible advice. A much better approach in this situation is to evaluate what worked, what didn’t, and make changes to the student’s approach to bar prep. 

5. To someone who failed the July bar exam: “Wait to take it next July because I heard February is harder.”

This little piece of folklore really grinds my gears. Do you know what I hear after EVERY bar exam? “That was the hardest test ever” to which, I smile, nod, and agree because I know that to that student it was the hardest test ever. While there may be some valid reasons to postpone taking the bar exam for a year, this isn’t one of them. In fact, this advice can do more harm than good if a student is very close to passing. Over this extended period of time, they will likely forget much of the law and will certainly lose their momentum. 

6. “Read all  the essay topics first and start with the one you feel best about.”

For many, the bar exam is a race against the clock. On the MEE, you get only 30 minutes per essay, and most students find that to be not enough time. That means every minute is precious. So if you spend the first five minutes going through and figuring out which essay you want to start with, you’ve now almost cheated yourself out of one minute per essay. I generally recommend that you take the essays in the order they come up and promptly move on every 30 minutes. 

7. “You don’t need to study for the MPT because everything you need is on the test.”

This is partially true, but misleading, advice. It is true that all of the substantive law you need to know is provided in the MPT. However, many students interpret you don’t need to “study” as you don’t need to prepare at all for the MPTs. And, that my friends, is false. Like MEEs, one of the hardest things about MPTs is completing them in the allotted 90 minutes. The only way to get faster, more accurate, and more efficient at this is to practice. Also, practicing for the MPT allows you to see a variety of formats and will limit the chance that you will have any major surprises on test day. 

8. “You shouldn’t be so nervous. If you don’t pass this time, you can pass next time.”

I appreciate the sentiment here. However, this bit of advice is very invalidating to the very real fear of failure that students face when taking the bar exam. There is a lot on the line for many students, and any advice that is dismissive of that or that encourages students to stuff their fear and stress down can be really detrimental to their ability to be successful. It is important for students to deal with their fear and anxiety along the way so that it doesn’t all manifest on exam day and prevent them from passing. 

9. “Make sure you learn all the law before you do practice questions.” 

This is probably the worst piece of bar prep advice a student could receive. There are very few things in this world I know for certain, but one of them is that doing practice questions is the best way for students to increase their chances of passing the bar exam. I haven’t performed a formal study on this, but based on my years of experience, the number one reason students fail the bar exam is a lack of active studying (meaning too much video watching and not enough practice question doing). 

Spoiler alert: You’re never going to learn “all the law.” And if you wait until you feel like you have, you will definitely run out of time to do enough practice questions to be successful. It is a much better game plan to incorporate practice questions from the beginning of bar prep because not only do they help you with your skills, but they also help you learn the law. 

10. “Focus more on the MBE because it is worth the most points.” 

While I’m never going to knock someone for doing extra MBE questions, this advice is misleading. In a UBE jurisdiction, the MBE is worth 50 percent of your score, MEE 30 percent, and MPT 20 percent. As you can see, the MEE/MPT together also equal 50 percent of your score (and that is the extent of my math skills). Yes, the MBE is important and I highly recommend you do a ton of questions (like more than 3,000 of them), but you don’t want to do them to the exclusion of practicing the written portion of the exam.  The MEE and MPTs are equally as important.  

Best of luck in your bar prep journey! 


Kerriann Stout is a millennial law school professor and founder of Vinco (a bar exam coaching company) who is generationally trapped between her students and colleagues. Kerriann has helped hundreds of students survive law school and the bar exam with less stress and more confidence. She lives, works, and writes in the northeast. You can reach her by email at info@vincoprep.com.

From Biglaw To Legal Tech

In the latest episode of The Jabot podcast I speak with Jessica Robinson who recently joined Casepoint as Vice President of Client Services. She didn’t start off in legal technology, and we discuss how the twists and turns of her career led her there. Along the way we tackle the impact of LA Law, management styles, the value of having an JD and MBA, and how, as a black woman, Jessica has to work extra hard to prove herself.

The Jabot podcast is an offshoot of the Above the Law brand focused on the challenges women, people of color, LGBTQIA, and other diverse populations face in the legal industry. Our name comes from none other than the Notorious Ruth Bader Ginsburg and the jabot (decorative collar) she wears when delivering dissents from the bench. It’s a reminder that even when we aren’t winning, we’re still a powerful force to be reckoned with.

Happy listening!


headshotKathryn 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).

How To Tell An 18-Year-Old He’s Going Away For Life

Eighteen-year-olds are a special breed of adolescent.  They’re neither kids nor adults. Some are embarking on college careers; others have never graduated high school.  Some still have a foot in childhood, while others live independently or earn money to help support their families.  Most would choose to hang out with peers and not worry about things like cooking, cleaning, and earning a living.  Many are focused on just having fun — sex, drugs, and music.  Because of the still-developing nature of their brains, it’s tough for them to think five minutes ahead, no less 20 years.

Some are floundering.  Stuck in the abyss between adulthood and juvenility.  They’re no longer allowed to act like children, but neither are they treated nor expected to behave like adults. It’s a time of naïve expectations and dreams — becoming a famous rapper, basketball player, reality media star.  Few have the bandwidth to think of much more than their immediate needs and interests.  They think they’ll live forever and thus aren’t afraid of dying.

Now picture that combination of bravado, naivety, and egocentrism intersecting with a life sentence for a crime that, in your mind, you didn’t really commit.

You’re sitting in prison surrounded by men mostly twice your age and life experience and have just been sentenced to 25 to life.  That means the earliest you’ll get out (and this is unlikely because parole never lets any convicted murderer out on his first board) is when you’re 43, the age of your father. You still desperately want to be with your boys on the cell block, but if they’re gang members, you know that could extend your time in prison. You want to talk to your mom every night by phone but showing weakness or admitting that you feel scared is dangerous.

You look to your lawyer for a sign of hope that the case will be overturned on appeal and retried.  You need to count on a way out of the nightmare.  But generally, there isn’t.

As the lawyer, how do you prepare your client for this reality? You see him now at age 18, vulnerable, cocky, hungry for experience, unable to see past next week. But in your mind’s eye, you see all he’ll be confronting the next 25-plus years dealing with freedom cut short, the atrocities of prison life, the sheer boredom, the disconnect from family.

Do you look him in the eye and be honest when he asks when he’ll get out, or do you ignore reality and buoy his hopes for reversal on appeal to boost his morale until that appeal is denied?

Criminal defense attorneys have all lived moments like this and there’s no easy way to comfort the client.

In the medical field, where care providers often have to relay bad news, tips for how to do it include sitting the person down in a quiet, private space (impossible when seeing a client in jail).  Making sure he has a supporting friend or relative with him to share the news (also impossible in prison).  Encouraging the person to seek social outlets, take a personal day at work, commune with nature (not a chance in jail).

Another recommendation is not to tell him the whole truth.  Just tell him as much as you think he can take and offer words of encouragement like, “You’ll get through this.”

Problem is in jail, there’s so few choices and so much random violence, words of encouragement often ring hollow.

Advice I’ve picked up along the way:  Don’t lie.  It might make the client feel better in the short run, but in the long run it’s devastating.  While appeals generally don’t succeed, you don’t need to say, “Forget it. You’re here for life,” but rather, “You’ll have the best appeal possible.  There’s always a chance, no matter how small, that something could get reversed.”

Most important, is to just be there.  Generally, when a defendant is sentenced and an appeal filed, that’s the end of the attorney’s involvement.  But especially when you’ve built a rapport with a client over years and his sentence is now huge, it’s important to be there after the sentence also. Visit, if possible.  Show him he’s not just been cut off and forgotten — the fear most people have when they go away for long prison terms.  Write letters and answer his, even if they come two years down the road.  Send a book (if permitted) now and then.  Wish him well.  Let him know he’s not alone.

It may not do much, but it’s a start.


Toni Messina has tried over 100 cases and has been practicing criminal law and immigration since 1990. You can follow her on Twitter: @tonitamess.

Popular Zimdancehall musician abducted & bashed – The Zimbabwean

28.10.2019 13:21

Popular Zim dancehall musician Ian Makiwa, popularly known as Platinum Prince, was abducted by a group of unidentified, masked and armed men a few hours after his arrival from his South Africa tour According to an alert by a reliable source, the incident happened around 4 pm on Sunday.

“The men did not produce any warrant or give reasons for the abduction. The men just blocked the way of the car that the controversial musician was in and assaulted the driver who was trying to understand why they had blocked the road with their car in the process.

According to the source, the men then took the musician and put him in a car boot and disappeared

It was only this morning that Platinum Prince was found dumped and assaulted along Chiremba road

In September this year, Platinum Prince released a track entitled NDIYO YACHO HERE MR PRESIDENT in which he seemed to be questioning the President of Zimbabwe over the current economic situation, He then released a video for the song early this month. In 2015 Platinum Prince also did a track called Ndeip President which was aimed at the former President. The self-claimed “Ndururani” was warned that his music was growing more political.

“The source said they are working with the team to ensure that all remedies available at law will be pursued with the urgency that this crisis deserves.”

Renewed exodus of Zimbabweans amid economic woes

Post published in: Featured

Renewed exodus of Zimbabweans amid economic woes – The Zimbabwean

HARARE, Zimbabwe

Hunched on seats at Rode Port cross border bus terminal in the Zimbabwean capital, 45-year-old Timothy Mundonda chats in excitement with his wife and three teen children as they wait to board a bus to Johannesburg.

Mundonda is filled with hope as he takes the journey with his family, heading to a land where he lived a decade ago.
Nostalgia for 2009

In 2009, he said, Zimbabwe saw positive changes with the formation of a unity government with the country’s opposition to stabilize the national economy.

But the honeymoon was “short-lived,” he added.

“Remember the stolen 2013 polls, also remember the stolen elections of 2018, things have never been the same,” Mundonda told Anadolu Agency.

“And even worse this year in terms of economic hardship, I have to head back to South Africa for my family.”

Not far from Mundonda and his family, a group of raucous young people stood, some hanging their jackets on their shoulders, others carrying small backpacks, debating Zimbabwe’s deteriorating situation as they are also set to leave for South Africa.

“We have nothing to stay for here,” 27-year-old Mike Matimbe told Anadolu Agency.

“I personally have never worked since I graduated from university five years ago, and I think it’s better to go toil in South Africa for as long as I would be able to feed myself.”

Left with no choice

Every day Zimbabwean migrants like Mundonda, Matimbe, and hordes of others head to countries like South Africa, unable to bear staying in the country any longer, according to human rights activists.

“People were shot at and some killed last year after elections because they demanded the release of results for the presidential polls,” said Claris Madhuku, director of the Platform for Youth Development, a democracy lobbying group in Zimbabwe.

“People were shot at and killed, some abducted in their homes and beaten by soldiers early this year, even as they battled to survive in this harsh economy, and most now have nothing to wait for, they just have to head out anywhere,” she added.

As such, there is a renewed exodus of Zimbabweans like Mundonda and Mutimbe fleeing an imploding economy and deteriorating human rights situation in the Southern African nation.

In 2000-2008, more than 2 million Zimbabweans migrated to its neighboring giant South Africa, most as economic refugees fell into a deep economic crisis, with inflation shooting up to a mind-boggling 231 million percent.

Over almost two decades, South Africa, Botswana, Lesotho, Namibia, and Mozambique have been destinations for Zimbabwean economic refugees.

Even to this day, according to media experts like Mlondolozi Ndlovu, “the trend of migration from Zimbabwe is on the rise again as people flee a dying economy in a post-Mugabe government,” referring to Robert Mugabe, the country’s late strongman ruler.

Soaring of inflation

Owing to that, Zimbabweans like Mundonda and Mutimbe, apparently taking to their heels, have reeled under the country’s soaring inflation.

Many have no choice, they say, because back home, according to Mundonda, “we face hunger, we face perpetual economic crisis under our government.”

To female migrants like 19-year-old Mucharipa Kazingizi, also heading to South Africa, life in Zimbabwe has become unbearable.

Due to financial challenges, Kazingizi dropped out of college during her first year, where she was pursuing a diploma in marketing.

“It’s tough here,” she said.

“I tried everything, from working as a housemaid to working as a shop assistant, still nothing has changed for me because the money here can’t buy [anything], with its value eroding daily.”

Growing tide of migrants

According to the Zimbabwe Cross Border Association, a group that represents the rights and concerns of cross-border traders, since last September — in the wake of July’s general elections — over 460,000 Zimbabweans left the country to neighboring South Africa and Botswana in search of greener pastures.

In Beitbridge, a Zimbabwean town bordering South Africa, an immigration officer on the South African side said: “The number of Zimbabweans crossing into South Africa has doubled since your country had elections last year.”

“About two months after the 2018 elections in Zimbabwe, we started recording over 800 Zimbabweans crossing into South Africa daily via the border; before, the figure of migrants from Zimbabwe was about 400 every day,” said the officer, speaking on condition of anonymity due to restrictions on speaking to the media

Company closures triggering migration

Indigenous Zimbabwean industrialists like Maynard Marembo, whose company recycles plastics, blame the renewed exodus on failing industries.

“Many people have lost their jobs owing to industries that have continued to shut down as they face perpetual operational challenges, and people losing their jobs are leaving the country in search of opportunities elsewhere,” Marembo told Anadolu Agency.

An immigration official at the Beitbridge border post, this time from the Zimbabwean side, speaking on condition of anonymity, rebuffed reports of a renewed exodus.

“We do not inquire from travelers where they are going to or from,” said the official.

“We cannot reveal how many people have left the country because there has been a continuous movement of people in and outside Zimbabwe.”

Up and until the 1990s, Zimbabwe was one of the wealthiest countries in sub-Saharan Africa, but over a decade later it became one of the world’s worst.

That has sent many Zimbabweans packing, according to human rights activists.

“Zimbabweans are anxious about the political and economic meltdown, with no answers from their leaders, which therefore is leading to the fresh exodus to neighboring countries as people seek better opportunities,” Okay Machisa, director of the Zimbabwe Human Rights Association (ZimRights), told Anadolu Agency.

Morning Docket: 10.28.19

A WeWork location in midtown Manhattan (photo by David Lat).

* The drama at WeWork has resulted in huge amounts of legal work for several top law firms. Maybe the firms will get free office space along with their fees. [American Lawyer]

* A new lawsuit alleges that Southwest Airlines pilots hid a video camera in an airplane lavatory and streamed the video from the cockpit. Sounds like a weird new Mile High Club… [Washington Post]

* A 78-year-old woman has been sentenced to 22 years in prison for the attempted murder of her own lawyer. Her criminal defense attorney is one brave person. [AP News]

* Steve Bannon is expected to testify against Roger Stone at the latter’s upcoming trial for federal charges. [National Law Journal]

* Arrests have been made for the murder of Rachelle Bergeron, the New York attorney who served as the acting attorney general of the island of Yap. [BBC]

* Retired Justice Anthony Kennedy was awarded the Liberty Medal yesterday for efforts to promote education about the Constitution. The award comes with a $100,000 prize — hope he’s not jealous that RBG won a $1,000,000 award last week. [Philadelphia Inquirer]


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.

Livestock production: the limits of extensive systems in Zimbabwe – The Zimbabwean

As the previous blog described, the communal area sites we have been studying in Masvingo rarely produced sufficient crops to cover even subsistence needs, and then if so only very occasionally, as with the Mwenezi experience in 2016-17. So what about livestock production?

Given its drought-prone nature, Masvingo province is known as cattle-keeping country. Many of the former white-owned farms were large ranches, often covering vast areas with very few stock. Communal area people were able to make use of this to poach graze and supplement the limited grazing in their own areas. Now with resettlement farms surrounding them, communal areas are more hemmed in. Although in the early 2000s there was surplus grazing in the new resettlements as people settled and carved out fields, this is much less the case now. Indeed, in responses to questions about interactions with nearby resettlement areas, conflicts over grazing (and also thatch grass and fuelwood) came top in the ranking by our communal area respondents.

This means that extensive livestock production is constrained in communal areas, perhaps even more so than in the past. Before the 2000 land reform sometimes negotiations were made with nearby (white) farmers, especially during drought, for access to grazing, but more often herders risked poach grazing, and occasionally suffered the consequences of the confiscation of herds and arrests. However, given the scarcity of grazing in the communal areas, it was worth it.

What happens now? Of course poach grazing persists, hence the recording of frequent conflicts, but also there are quite a few loan arrangements that facilitate access to grazing as animals are loaned to relatives or friends in the resettlements. They then have the benefit of the draft power, manure and milk, and (sometimes) the occasional offspring in exchange, while the owner keeps the animals alive and breeding. This was a very common pattern in the first decade of resettlement after 2000; however as settlers have built up their own herds, and the connections to their ‘home’ areas have faded, they are increasingly reluctant to take on communal area livestock. From our sample, loaning out was absent in the two Gutu sites, but still persisting in Mwenezi.

As the table below shows, with the exception of Mwenezi, our communal area sites could not be described as major livestock production areas. Indeed, over a third of households hold no cattle at all, and are reliant on sharing of others’ for draft power (see previous blog). Outside Mwenezi, smallstock holdings are small, and donkeys, pigs and broilers are rare.an purchase regularly. This was only 6-9% of households in the sites outside Mwenezi, where 23% had purchased cattle in the previous five years.

  Mwenezi Chivi Gutu West Gutu North
Cattle held per household (N) 7.6 4.0 3.1 3.7
Loaned in (N) 1 0.5 0.5 0.4
Loaned out (N) 1.7 0.2 0 0
Above zero cattle (%) 64 66 51 61
Above ten cattle (%) 22 8 6 7.3
Cattle purchased in last 5 years (% of households) 23 8 6 9
Cattle sold in last year (%) 41 6 14 15
Cattle milk sales (%) 24 2 0 0
Goat (N) 7.9 1.8 2 2
Sheep (N) 0.8 0.1 0.5 0
Smallstock sold in last year (% of households) 44 8 14 5
Donkey (N) 1.3 0.3 0.2 0.1
Pig (N) 0.9 0 0.1 0.1
Broiler % 2 9 5 0
Broiler contract (% of households) 1 0 0 0
Herding labour hire (%) 7 4 1 2
Feed inputs (%) 7 0 5 19
Vet inputs % 30 20 23 19

Perhaps only Mwenezi could be described as a livestock system based on production, with a relatively large average cattle (7.6, ranging from zero up to 105) and goat (7.9, ranging from 0 to 60) holdings, and regular sales and purchases. Although more than the other sites, there is still very limited labour hired explicitly for herding (only 7% of households). Cattle milk sales are also recorded here from those with larger breeding herds. This is not surprising given the dry conditions of the area, and the extensive, relatively high quality sweet grazing available. While the bumper sorghum harvest in the years of our study was unusual, livestock production can provide a regular income.

This contrasts with all the other sites where average cattle holdings averaged 3-4; just about enough to maintain a draft span, and provide some transport, manure and milk, but sales and purchase are comparatively much lower. When sales occur, these are usually emergency sales for school fees, medical expenses or a funeral. Replacements are by-and-large through births within the herd, and these are infrequent because of the small herd size and the age/sex composition, which is geared towards older oxen for draft rather than a breeding herd.

Limited intensification

You might expect, with constrained grazing, there would be a shift to more intensified production – for example, stall feeding with purchased feed. There is some evidence this is happening to a small extent in Gutu North, where 19% are purchasing feed, but most of this is at a very small level, and largely supplements. In other areas, this is not a phenomenon except for a few who will buy in to support calves or pregnant cows. Contract arrangements for livestock production have not taken off in these areas, which would be another way of financing feed and other inputs for a more intensified alternative. Only a few in Mwenezi are linked to a contract broiler arrangement with a local farm.

With the collapse of state veterinary services in recent years and the poor quality of dipping chemicals, there has been a rise in tick diseases across the country. This has meant that those with resources purchase spray dip chemicals for private spraying. Some also recorded buying veterinary medicines for sick animals. A quarter to a third of households – those with larger, more valuable herds and flocks – invest in this way, and have learned to cope without state services. The rest remain vulnerable and deaths from a variety of tick-borne diseases are regularly recorded, especially in wetter years.

In sum, outside Mwenezi, despite Masvingo’s former reputation, these are largely not livestock production areas today. Cattle are kept for multiple uses, notably as inputs to agriculture which, despite poor results, is still seen as the core activity. Land areas are constrained in the communal areas with notional grazing areas often occupied by settlements and farms, or very heavily used and so degraded. This is very different to the situation in the past, and in other parts of the country further west in Matabeleland and southern Midlands, where a more livestock-based economy exists, more akin to that found in Mwenezi and the Lowveld areas.

Contrasts with the resettlement areas?

The A1 resettlement areas nearby are not that different. Here cattle are kept primarily as an input to agriculture, for draft power and manure, with milk, meat and live sales being bonuses and sales key for emergencies. The herd is seen a stable savings account, which, given the volatility of the economy, makes much sense. Yet the herd size is mostly too small to allow for the possibility of making a regular living. In the A1 resettlement areas too, pressure on land is increasing. In 2000, there was plenty of spare grazing, but now more people have arrived, lands have been subdivided and grazing areas are being encroached. With more fields and settlement, the need to for herding labour during the cropping season increases, but labour is scarce and expensive, and relatively few invest in dedicated herding labour, as with the communal area sites. In other words, unlike for crop agriculture, livestock production in the resettlement and communal areas is more similar.

The big exception is broiler production, which, as a project for younger family members and women, has taken off across the new resettlements. Sometimes this is supported by contracting arrangements, but usually, it is independent, financed by surplus income from agriculture and off-farm sources. The difference here is the availability of cash for investment. In the communal areas, this is rare, and many are living hand to mouth. Occasionally an aid project will come along, but these are sporadic and often last just a few years. For most communal area households usually, there’s not enough surplus to do much more than keep going. This is different in a significant proportion (not all by any means – see other blogs) of resettlement households, where accumulation from agriculture can be invested elsewhere and investment drives further investment in process of stepping out (diversifying) and up (accumulating) of livelihoods.

Once again, land redistribution and the opportunities for accumulation that this offers provides the basis for enhanced livelihoods. But this is constrained for land extensive production activities such as with livestock. Former white farmers had hundreds if not thousands of hectares and managed to make a reasonable (but not always very good) living from livestock ranching. With a more equitable distribution of land this is no longer an option, and more intensive approaches to production – broilers, piggeries, stall-feeding and so on – become the priorities outside the areas like Mwenezi with good grazing and land surplus. Such investments, though, need cash, and this is in very short supply, with limited other options in the communal areas as the next blog will discuss.

This post is the fifth in a series of nine and was written by Ian Scoones and first appeared on Zimbabweland.

This field research was led by Felix Murimbarimba and Jacob Mahenehene. Data entry was undertaken by Tafadzwa Mavedzenge

Photo credit: Tapiwa Chatikobo

Death in Custody : Rights of Prisoners

Post published in: Agriculture

Death in Custody : Rights of Prisoners – The Zimbabwean

Death in Custody : Rights of Prisoners

According to Zimbabwe Lawyers for Human Rights, eleven street vendors were arrested on the 12th October for assaulting a police officer, having taken refuge in the cellar of a building in the centre of Harare in which a large number of old police helmets were found.  The vendors were later taken before a magistrate, who remanded them in custody pending consideration of their applications for bail.

One of their number, a young man named Hilton Tamangani, was found dead in his cell in the Harare Remand Prison on the 18th October.  His death was announced by the Ministry of Information in a statement which read in part:

“The individual was remanded in a condition of unwellness and immediate medical care was sought for him and he was hospitalised.

“He was attended to by doctors.  All deaths in custody are thoroughly investigated.  We now await the result of a post-mortem to ascertain the cause of death.”

Mr Tamangani’s lawyers claim that he was severely beaten by the police.  They have released a copy of a letter they wrote to the Officer in Charge of the Harare Remand Prison, in which they said:

“Our client has advised us that he has developed a fatal infection whilst being medically attended to at your premises, Harare Remand Prison Clinic.  In the premises, we are approaching your office to request that our client be attended to by a private doctor of his choice.  Our client undertakes to pay the requisite medical costs.”

The prison authorities, the lawyers say, refused to accept the letter and so Mr Tamangani was not examined by his own doctor before his death.

Violation of Constitutional Rights of Prisoners

Whatever the cause of Mr Tamangani’s death, the events surrounding it show a deplorable disregard for his constitutional rights as a prisoner.

Section 50(5)(c) of the Constitution provides that anyone who is detained has the right to communicate with, and be visited by, their relatives, their chosen religious counsellor, their chosen lawyer and their chosen medical practitioner.  The right to be visited by all these people is important, but it is particularly important for prisoners to be allowed to see their medical practitioners, as Mr Tamangani’s case so tragically demonstrates.

There are at least three reasons this right is so vital:

  1. Prisoners are in the custody of the State which means the State is responsible for ensuring their health and well-being.  If medical facilities in prisons are inadequate ‒ and it is notorious that they are basic at best and rudimentary or non-existent at worst ‒ then the prison authorities must take prisoners to hospitals outside their prisons or allow them to receive care and treatment from their own medical practitioners.
  2. Prisoners may be in poor health and need medication or treatment which their own medical practitioners can provide more readily than prison doctors.
  3. Prisoners who claim they have been assaulted by the police or prison authorities may need to be examined by their own doctors in order to establish their claims.

Above all, prison authorities must remember that prisoners have rights.  Prisoners are deprived of much of their freedom of movement ‒ they cannot leave their prison whenever they want to ‒ and they may be deprived of other rights and freedoms so far as it is necessary to prevent them escaping and to maintain discipline in prisons.  But apart from that they have all the fundamental human rights and freedoms guaranteed them by the Constitution, including the right to be seen by their chosen medical practitioner which, as we have pointed out, is specifically given to them by section 50(5)(c) of the Constitution.  This is particularly so in the case of awaiting trial prisoners who have not been convicted of any criminal offence.

Even prisoners who have been found guilty of the most heinous crimes remain human beings entitled to their basic human rights.  And it must be remembered that Mr Tamangani was an awaiting trial prisoner who had not been tried for, let alone found guilty of, any crime at all.

Prison authorities, in brief, have a duty to care for their prisoners and respect their rights.  In the case of Mr Tamangani, it seems, they failed in this duty ‒ and they compounded their failure terribly by refusing to allow him to be seen by his own doctor even after being requested to do so by his lawyers.

Post Mortem

In the event Mr Tamangani has died.  All the authorities can do now is to ensure that his death is properly investigated at a public inquest and that those responsible for his death are brought to justice.  The underlying purpose of an inquest, as explained by a court in 1990, is to promote public confidence, to reassure the public that all deaths from unnatural causes will receive proper attention and investigation so that, where necessary, appropriate measures can be taken to prevent similar occurrences and to bring persons responsible for the deaths to justice.  For an inquest to achieve this purpose a post-mortem examination should be conducted on the body of the deceased to establish the cause of death, and the post-mortem examination should be such as to promote public confidence in its thoroughness and impartiality.  In this case, regrettably, public confidence may be lacking since a magistrate turned down a lawyers’ request to have an independent medical practitioner present when the post-mortem was conducted.

Mr Tamangani’s family might have been able to push more effectively for a proper post-mortem if an effective and independent complaints mechanism had been established under section 210 of the Constitution.  Unfortunately the Government has not carried out its duty to establish such a mechanism, and the Constitutional Court has failed to order the Government to establish one, despite an application brought by Veritas in early 2016 requesting it to do so.

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

Livestock production: the limits of extensive systems in Zimbabwe
Sanctions lunacy – Zimbabwe Vigil Diary

Post published in: Featured

Sanctions lunacy – Zimbabwe Vigil Diary – The Zimbabwean

https://www.flickr.com/photos/zimbabwevigil/48964124801/sizes/m/

The anti-sanctions public holiday on Friday was a new dimension in Zimbabwean lunacy, buoyed by mistaken African solidarity. They accept Zanu PF propaganda without looking into what these sanctions are or why they were imposed.

They won’t even notice the poor attendance at the anti-sanctions rallies in Harare and Bulawayo – where the main interest of those attending was the chicken, chips and Pepsi on offer. Fortunately, the economic effect of a day off work will be minimal in a country of mass unemployment.

It is dereliction of care that SADC doesn’t pay attention to the catastrophe in Zimbabwe. Are they not troubled by this ‘invitation’ to the anti-sanctions rally sent to ‘all Heads of ministries and departments in Bulawayo’? ‘Your members of staff are invited without fail to be part of this very important march. May you kindly favour this office with a list of your members of staff for ease of accountability.’ A copy of the letter can be seen on this link: https://www.vantunews.com/news/politics-anti-sanctions-march-bulawayo-civil-servants-invited-without-fail-by-government-a-register-to-be-used-to-mark-those-present

To the Vigil this sounds like fascist North Korea – unsurprising since the Matabeleland genocide in the 1980s was committed by the North Korean-trained Fifth Brigade of Mnangagwa.

An article in Newsday by the US Ambassador Brian Nichols pulls no punches: ‘Blaming sanctions is a convenient scapegoat to distract the public from the real reasons behind Zimbabwe’s economic challenges —corruption, economic mismanagement, and failure to respect human rights and uphold the rule of law.’ (see: https://www.newsday.co.zw/2019/10/its-not-sanctions-its-corruption-lack-of-reforms-2/).

The US followed it up with another punch, banning state security minister Owen Ncube from entering the US because of his involvement in gross violations of human rights. ‘We are deeply troubled by the Zimbabwean government’s use of state-sanctioned violence against peaceful protestors, and civil society, as well as against labour leaders and members of the opposition leaders in Zimbabwe,’ Secretary of State Mike Pompeo said in a statement. ‘We urge the government to stop the violence, investigate and hold accountable officials responsible for human rights violations and abuses in Zimbabwe,’ he said.

The Vigil today marked one such abuse with this letter to the Zimbabwean Embassy signed by all present: ‘Your countrymen outside the Embassy are protesting today at the brutal murder of Harare street vendor Hilton Tafadzwa Tamangani by the police. Tamangani was arrested along with ten other vendors and taken to Harare police station, where they were beaten with baton sticks. 29-year-old Tamangani, who has a seven-year-old son, was left in agony from his injuries and died without sedatives during the night. The Zimbabwe Vigil calls for an inquiry into his death and the prosecution of the offenders .Scandals like this have become all too common, with the police acting illegally, with impunity.’ Thanks to Rosemary Maponga, Mary Muteyerwa and Patience Chimba for leading on this protest and bringing  posters.

Other points

  • A Pastor in the Bulawayo area who is supported by some Vigil activists reports: ‘Wherever we go people no longer say the usual ‘How are you/I am fine.’ They go directly into talking about their problems. They say: I haven’t eaten for two days, no food at all, even today. We made a mistake by voting for the present government because we thought that by removing the late president things would get better, but they are worse. The prices have gone up so much we can’t afford to buy; the children will die.  They can’t even go to school; We can’t afford to go to hospital when we are sick because the bus fares are too high. Now our money can’t buy anything.  After all this the President doesn’t say anything, nothing encouraging, no plan. At least President Mugabe would say something. We don’t know what’s going to happen to the whole nation.  There’s hunger everywhere. If you need anything like a birth-certificate you have to pay somebody for it.  If you don’t pay you don’t get itWe are praying and praying and praying and we thank God that we are still alive. He has heard our prayers. (See: http://www.zimvigil.co.uk/vigil-news/campaign-news/1044-report-from-the-bulawayo-pastor-october-2019).
  • Thanks to those who helped set up the front table and put up the banners on a wet day: Cynthia Chibanda, Benjamin Chigamba, Marvellous Chinguwa, Leslie Gakanje, Delice Gavazah, Rosemary Maponga, Esther  Munyira, Mary Muteyerwa, Hazvinei Saili, Rudo Takiya, Ephraim Tapa and Kevin Wheeldon. Thanks to Rosemary and Hazvinei for looking after the front table, to Hazvinei, Marvellous and Esther for handing out flyers, to Mary and Delice for drumming, to Delice for prayer and to Hazvinei and Jonathan Kariwo for photos.
  • We’ve had many wet Vigils lately so a collection was made to buy a gazebo. Thanks to those who contributed: Happy Chazuza, Benjamin Chigamba, Patience Chimba, Marvellous Chinguwa, Rangarirai Chivariro, Delice Gavazah, Yvonne Jacobs, Philip Maponga, Rodwell Mpawose, Washington Mugari, Esther Munyira, Hazvinei Saili, Ephraim Tapa and Kevin Wheeldon.
  • For latest Vigil pictures check: http://www.flickr.com/photos/zimb88abwevigil/. Please note: Vigil photos can only be downloaded from our Flickr website.

FOR THE RECORD:  22 signed the register.

EVENTS AND NOTICES:

  • ROHR general members’ meeting. Saturday 9th November from 11.30 am. Venue: Royal Festival Hall, South Bank Centre, Belvedere Road SE1 8XX. Contact: Ephraim Tapa 07940793090, Patricia Masamba 07708116625, Esther Munyira 07492058109.
  • ROHR fundraising dinner dance. Saturday 7th December from 6 pm till late. Venue tba. ROHR is hosting a dinner dance to raise funds for a Zimbabwe peace building initiative. Tickets £25. Contact: Esther Munyira 07492058109, Hazvinei Saili 07857602830, Margaret Munenge 07384300283, Pamela Chirimuta 07762737339.
  • 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.
  • Facebook pages:

Death in Custody : Rights of Prisoners
Conservation is a luxury

Post published in: Featured