Zimbabwe Under Emmerson Mnangagwa – The Zimbabwean

Tinashe L. Chimedza penned this piece in response to Op-Ed: This is how Zimbabwe has changed since I became president: Emmerson Mnangagwa

Two years ago Zimbabwe’s National Army carried out a putsch that removed President Robert Gabriel Mugabe. Once the coup was carried out Zimbabwe’s parliament began a process of ‘impeaching’ a President who was already under ‘house arrest’. The global spin on that putsch was that this was a ‘military assisted transition’ and there was a global silence to accept this narrative because a lot of people, especially Zimbabweans, were just desperate because of the collapsing economy. South Africa too proved to be a key decision broker and the presence of hundreds of thousands of Zimbabweans in South Africa swayed the political class there to say ‘anything but Mugabe’ and this was shared by global power especially the British.  It is reported that the British embassy to Zimbabwe played a critical role to ‘package’ the putsch as a ‘military assisted transition’ and the propaganda worked for while.

The world was made to gulp a narrative that there was a ‘democratic’ and ‘legal’ process under way in Zimbabwe. But since then, by any measure, Zimbabwe’s politics and economics have worsened.. The reason is very simple. The men (and few women) who now rule Zimbabwe had stayed so much in the shadow of Mugabe yet they were the real crude power that kept the old man in power and when tried to purge them by firing the Vice President, Emmerson Mnangagwa, they had to strike back to defend their interests.

What happened in the November 2017 was a repeat episode of what happened in the 2008 election when Morgan Tsvangirai won. The military is now firmly in charge of the politics and the economics in Zimbabwe.  The mess that this has created has now cascaded into every facet of Zimbabwe’s political economy and this is happening with disastrous challenges in health, in the economy and the country has descended into almost a military state.

Recently the government announced they were firing hundreds of striking doctors. There has been an impasse for almost two months and the hospitals have become almost death traps with the absence of doctors. For almost two months the medical doctors, the few that are there, have had a long dispute with the government over salaries and conditions in the public hospitals. The crisis became so acute that women are having to go to ‘backyard’ untrained ‘midwives’ to give birth.

Zimbabwe’s referral hospitals, largely built many decades ago, have become almost ghost like places. Whole wards lie abandoned, sometimes citizens have to bring in clean water and some hospitals have said they are closing mortuaries. In Masvingo, 300 km to the south of Harare, women have been giving birth by candle light and sometimes using phone torches as light.  Missionary hospitals can not cope and some have issued statements begging patients not to come and camp outside, sometimes for weeks.  One doctor broke down when interviewed and citizens have to resort to forming independently funded initiatives to support the major hospitals.

Recently the Minister of Finance tabled a proposed budget before the National Assembly. The proposed budget bill shows declining revenue, a contacting economy, foreign aid continues to be significant in the budget and the government has retained an intermediate money transfer tax as a source of revenue. But there is more of the mess. The Parliamentary Public Accounts committee unearthed billions of unexplained expenditure and the response of the Ministry of Finance was to issue a ‘law’ pardoning irregular expenditure, without accounting, over ‘Us$10billion’.  This is an equivalent of almost 3 national budgets.  The public finance system is in shambles and this is deliberate because the central bank then uses a ‘preference’ system to allocate subsidies worth billions to businesses linked to the political elites.

Elsewhere the country’s pension system has almost collapsed and at the centre of that are managers and elites linked to the ruling party with estimates that up to US$5billion has been wiped off from pensions. With the chaos in agriculture and mining Zimbabwe also faces a draught which could have been made manageable by proper policies to boost productivity. State and party elites want to superintend over the latest so called ‘smart agriculture’ input scheme, worth billions, so they can subsidise themselves and find a platform to create patronage. All these schemes, of literally looting the state, has serious consequences on the capacity of the state to transform the economy and set Zimbabwe on a path to prosperity. Inflation has been so bad that the state agency tasked to measure year on year inflation has been banned from publishing that number.  One just has to track the rate of price increases and see how income has collapsed.

While the President has had a great public relations team what is emerging is that the transition in 2017 was a false change.  Zimbabwe actually under military rule and the descent cannot be stopped by opinion pieces but by comprehensive reform.


[i] Tinashe L. Chimedza is a Zimbabwean. He has written for The Elephant, for The East African, for Zimbabwe Briefing and published book chapters and journal papers on Zimbabwe and Southern Africa.

On world toilet day, “Leave no one behind”

Post published in: Featured

Morning Docket: 11.20.19

* A New York City attorney has been accused of filing over 300 lawsuits on behalf of two clients who had no idea he was representing them. [New York Post]

* Ben & Jerry’s has been sued for allegedly misleading consumers about claims that its milk is sourced from “happy cows.” Wonder if the cows will get subpoenaed… [USA Today]

* New York has joined California and others in suing Juul, the maker of electronic cigarettes, for allegedly illicit conduct in connection with advertising to minors. [NBC]

* Ja Rule has been dismissed from a class action about the failed Fyre Festival. No need to read the article, there will probably be three documentaries about the lawsuit someday. [Billboard]

* A South African lawyer died in a freak accident this week after she dropped a loaded gun in court. [People]

* A lawyer in Texas has been arrested for returning to the firm that had just axed her and firing a gun. [Dallas Morning 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.

Zimbabwe is open for business, says President Mnangagwa – The Zimbabwean

Dubai: Zimbabwe is open for business and committed to creating conducive conditions and incentives for investors, Zimbabwean President Emmerson Mnangagwa said on Monday at the Global Business Forum Africa 2019 in Dubai.

During an interactive session on the first day of the forum, Mnangagwa explained that economic zones are being created in Zimbabwe as the government looks to attract foreign investment. He stressed the importance of developing new initiatives that invest in skills development and human capital.

The Zimbabwean President noted that his country is ready to engage and re-engage with the international community with the government focusing its efforts on revitalising the country’s economy.

“Up until now we have had no support from international institutions – we’ve had no lines of credit for 20 years. Bilateral relations have dried up. We need to introduce a raft of economic reforms to attract global capital. We must create an environment where investors feel comfortable,” he said.

“We have thousands of top brains outside of Zimbabwe — people left because of the sanctions. We want to reverse the brain drain,” he said, adding that innovation hubs have been introduced to harness the potential of youth and foster a culture of entrepreneurship.

He concluded by saying, “I say to the world – come and make money here, all opportunities are opening up – in agriculture, mining and energy.”

The fifth edition of GBF Africa, which concluded on Tuesday, is being organised by Dubai Chamber under the theme “Scale-Up Africa”, the high-level forum brings together heads of state, policymakers, prominent business leaders, entrepreneurs and industry experts from the UAE and Africa to explore new avenues of economic cooperation.

Technology: Search Terms Are Dead. Or Are They?

The funeral procession for the use of search terms to find relevant documents in electronic discovery started a long time ago. I think it began with Judge Peck’s DaSilva Moore opinion in 2012. So, why is it then that eight years later, search terms remain the number one means for identifying the relevant, non-privileged, and proportional information in discovery?

I asked a few experts in the eDiscovery field this precise question, and here’s what they told me.

George Socha, co-founder of the EDRM and now managing director at BDO:

The reports of search terms’ death are, as Mark Twain supposedly quipped, ‘greatly exaggerated.’ The effective use of search terms (by which most mean, I suspect, Boolean searching) long has been and continues to be a powerful tool with a wide range of highly effective applications. Were we to lose the ability to deploy search terms, we would be severely constrained in our quest to find the data that matters most.

Craig Ball, Texas attorney, professor, and forensic technologist:

Blame it on Google . . . or Westlaw . . . or Lexis . . . or any of the countless places that have conditioned us to use and trust keyword search. Because lexical search reliably shows us examples of what we seek but not what we are missing, it feels like it works.  Of course, discovery isn’t about finding examples; it’s about retrieving as much responsive information as can be found. On that score, keyword search performs poorly, but it’s the devil we know.

Tom O’Connor, consultant and veteran eDiscovery practitioner:

Tools like technology-assisted review and analytics are still black box mysteries to most attorneys. The lack of standards, a dearth of open discussion, pricing disparities — these all lead to one big ball of confusion. And it’s common to say that law schools don’t teach technology. But the one thing they do teach is search. Every law student is given a Lexis or Westlaw account and they know how to search the internet and their own email. So, they can use a simple, easy to understand technology that they’ve been using for years or a complex, inordinately expensive tool that no one can adequately explain. Do the math.

So, what’s wrong with using search terms? Well, the use of search terms to locate relevant material in electronic discovery is fraught with potential error. Search syntax, misspellings, and the vagaries of the English language all render searches that are not adequately vetted unreliable.

On the other hand, the more advanced tools making use of AI, machine learning, and analytics are expensive, and some tools require nothing short of a data science expert to understand the outcomes.

I took part in a nearly two-year long project with the EDRM, the outcome of which was the development of TAR Guidelines published by the EDRM earlier this year. One of the principal issues we were trying to address and rectify is the reticence of practitioners — lawyers, specifically — to adopt and more widely use TAR tools.  More than once during the debate and writing of that paper the subject of search terms arose, not so much as a substitute for TAR, but as this sort of nagging alternative that prompted more questions than we wanted to answer given the focus of our task.

And so here we are, nearly a year later, and what has changed since the EDRM TAR Guidelines paper was published? Despite recent studies by Research and Markets suggesting that the global legal technology artificial intelligence market is expected to grow from $3.2 billion in 2019 to $37.8 billion in 2026, a CAGR of nearly 36 percent, the use of TAR and advanced analytic tools in legal discovery remains fairly low.

Clearly, part of the problem is education. As Tom and Craig point out above, search is taught at an early age and the use of Boolean search proliferates throughout law school. What’s missing in law school curricula is the mandatory inclusion of advanced technologies like machine learning and analytics tools that would render a newly minted lawyer more technologically competent. With new bar association technical competence and ethics rules arising around the country, it’s kind of surprising that law schools and technology companies have not gotten the message in this regard.

I also feel like there’s a lot of stale if not obsolete information available to practitioners that do not help advance the cause. Consider the recent decision in Nuvasive, Inc. v. Alphatech Holdings, Inc., No. 18-CV-0347 (S.D. Ca.) (10/7/2019), where the parties to a patent litigation got into a discovery dispute about the use of search terms. The dispute stemmed in part from the parties’ consideration of a model order on electronic discovery, fashioned under a local rule, that required the requesting party to identify custodians and search terms and limited searches to five custodians and five search terms per custodian.

That is simply not a way to conduct discovery. Finding that it is the responding party who is best situated to evaluate the means for identifying and preserving ESI, the court held that local model order to be flawed and inconsistent with Rule 34. “[N]othing in Rule 34 requires a requesting party to identify custodians or search terms,” the court ruled. The court also observed:

“[T]he world of electronic discovery has moved well beyond search terms. While search terms have their place, they may not be suited to all productions. Technology has advanced and software tools have developed to the point where search terms are disfavored in many cases [citing DaSilva Moore]. The Model ESI Order, in its reliance on search terms, is obsolete.”

So, the courts need to play a larger role in advancing technology competence as well. They can do so with rulings like this and by encouraging parties in discovery to put aside their partisan positions, actually cooperate in the phase of litigation which no one really enjoys, and make real the “just, speedy and inexpensive” provisions in Rule 1 of the FRCP.

Search terms are not dead yet, but it’s clear there are alternatives that should be explored.


Mike Quartararo

Mike Quartararo is the President of the Association of Certified E-Discovery Specialists (ACEDS), a professional member association providing training and certification in e-discovery. He is also the author of the 2016 book Project Management in Electronic Discovery and a consultant providing e-discovery, project management and legal technology advisory and training services to law firms and Fortune 500 corporations across the globe. You can reach him via email at mquartararo@aceds.org. Follow him on Twitter @mikequartararo.

Dying Industry Pins Hope On Idiots Buying Into An Impossible Trade Deal

Hedge funds are finding Alpha in the fallacy of a US/China trade accord.

Better NOT Call This Saul Impersonator

Former prosecutor Matthew J. King went to prison a few years back after he met a guy at a strip club who he thought was a cocaine dealer. It turned out, the guy was an informant wearing a wire and he recorded King explaining a plot to launder $20,000 of supposedly ill-gotten gains through his attorney trust account.

Some of you may remember this as the scheme Saul Goodman employed to clean up Walter White’s assets in Breaking Bad. Basic cable is of course not the best source for criminality tips — those should come from acknowledged experts — and law enforcement was more than prepared to suss this one out. This is so obvious that in Office Space they had to lampshade the idea of stealing a plot from a movie by claiming Y2K would throw enforcement efforts off their trail.

King tussled with the feds, challenging a conviction that wouldn’t allow him to confront the informant in court. The Sixth Circuit explained that the rest of the evidence was more than enough to sustain a conviction and there’s no special right to confront every possible witness — a holding that makes a lot of sense and will probably fall apart when the Supreme Court decides it’s inconvenient for this administration. When all was said and done, King was sentenced to 44 months and served half of his sentence before getting out last summer.

Today, the Ohio Supreme Court decided that this sort of behavior couldn’t be allowed to stand and indefinitely suspended King’s law license. It’s actually a win for King, who has the option to apply for reinstatement down the road, with his AA sponsor supporting King’s argument that his transgressions stemmed from an alcohol addiction that he’s now dealing with.

And generally speaking permanent bans are bad. People should always have a shot at getting back in the good graces of the profession and whether or not he can ever convince the court that he’s fully prepared to come back is a question for another day. Still, if there were ever a case for a permanent canceling it’s got to be “using your law license to help people commit crimes.” I suspect King’s going to have a hard time winning over future panels when he applies.

Ohio Supreme Court yanks law license of Cleveland attorney convicted in Breaking Bad-inspired money laundering scheme


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.