MDC to unveil Alternative Electoral Bill – The Zimbabwean

27.2.2020 11:31

The Movement for Democratic Change will this Thursday unveil its principles for an alternative Electoral Bill that should engender the holding of free, fair and credible elections in the country.

The Alternative Electoral bill is in line with regional norms and international best practice in the conduct of free, fair and credible elections that do not breed contested outcomes. The MDC’s Alternative Electoral Bill is a major step in the party’s pursuit for holistic electoral reforms that must precede the holding of genuinely free and fair polls.

The people of Zimbabwe contend that the government has dismally failed to align the Electoral Act to the Constitution adopted in 2013 after a referendum in which over 3 million Zimbabweans voted in support of a new supreme law for the land. At the epicenter of the challenges in the elections in Zimbabwe is the current Electoral Act which gives too much discretion to ZEC, a body of questionable integrity while at the same time permitting executive overreach into a supposed independent through the Ministry of Justice.

In the past, MDC has been lobbying for electoral demands in policy documents including Conditions for a Sustainable Elections in Zimbabwe (CoSEZ), Without Reforms No Elections (WRENE), Plan and Environment for A Credible Election (PEACE). In the party’s political road-map to a sustainable Zimbabwe titled RELOAD, the MDC stipulates that free and fair elections are important for a genuine reform agenda.

Post published in: Featured

ZACC revelations show its avarice and corruption, not sanctions – The Zimbabwean

27.2.2020 11:19

The revelations by the Zimbabwe Anti-Corruption Commission that US$7 billion worth of cash and property has been stashed outside the country by the political and business elite have exposed unbridled avarice and corruption–and not sanctions—as being at the core of the national crisis.

Loice Matanda-Moyo

Now that they know, the challenge for ZACC is to show that it has teeth by prosecuting the well-heeled political and business elite that is at the centre of the national rot that has spawned the unmitigated suffering in the country. The ZACC chair Justice Loice Matanda-Moyo has stunningly revealed that former and current senior government officials as well as well-heeled business executives have stashed outside the country cash and properties worth over US$7 billion outside the country.

That the value of the massive bounty stashed outside the country by this criminal network is double the country’s national budget vindicates our position that at the centre of the national crisis is corruption and not this empty rhetoric about the so-called sanctions. The ZACC revelations expose State capture by a close-knit and well-heeled political and business elite that has bled our country dry. Now that they know, we await ZACC to show its fangs by arresting and prosecuting this crooked lot that has milked our country and brought this massive suffering on the people.

That is why the fight against corruption and sleaze is one of the five fights to be waged by the people in 2020, alongside the key fight against illegitimacy that must lead to the reclamation of the people’s government that Zimbabweans voted for in 2018. This unmitigated corruption is all the more reason why Zimbabweans will sonorously express themselves in the streets and in the valleys against this despicable national decay. #thepeoplesgovernment.

Post published in: Business

Government asks workers to subsidize other workers – The Zimbabwean

The government this week announced it will soon introduce subsidized garrison shops for soldiers that will be financed by a 2,5 per cent tax which will now be deducted from the remuneration of every government employee.

Nowhere in the world have workers subsidized other workers but in Zimbabwe anything is possible with this illegitimate government. Government workers that are not party of the garrison grave train should resist this despicable exploitation by an employer who wants to avoid dealing with the economy by introducing piece meal solutions. The other civil servants are also in the same predicament as soldiers. Their salaries are grossly inadequate to cover basics such as school fees, medical bills, rentals, water charges and all other expenses like the soldier who will enjoy garrison prices.

Why then burden other government employees with equally inadequate salaries to subsidize the soldiers?

This government should put its house in order and face the truth.

The truth of the matter is no tricks and gymnastics will work until this coup government faces the truth of its illegitimacy and the crooked and corrupt lot that has captured the State.

Civil servants should rightfully refuse exploitation by this illegitimate government by refusing these robbery schemes.

If this coup government wants to introduce these garrison stores they should not venture into other civil servants salaries. Those fallacious schemes should be financed by any other source of financing that does not prejudice other equally affected workers

Hon. Gideon Shoko
Secretary for Labour and Social Security

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Demand For More Protections For Federal Clerks: Against sexual harassment.

The Humane Cosmetics Act Highlights the Importance of Beauty Labeling

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Sperm Bank Case Has Serious Implications For Information and Property Rights

Back in 2013, Danielle Teuscher and her spouse turned to the use of donor sperm to conceive and grow their family. They chose an “open ID” donor, meaning that the donor was open to being known by the child once the child turned 18. All was good, until Christmas 2018, when Teuscher’s family decided to take 23andMe home DNA tests and included Teuscher’s donor-conceived daughter in on the fun.

Teuscher’s daughter’s test results showed that she was likely related to a paternal grandmother who was “open to contact” on 23andMe. In a short message, Teuscher reached out and let the woman know about the predictive granddaughter’s existence, and that they were open to contact. That must have been a big surprise to this unknowing grandmother. The next thing Teuscher knew, she received a Cease and Desist letter from the sperm bank, which said that Teuscher was liable for $20,000 in damages for breaching the contract between Teuscher and the sperm bank.

But the sperm bank didn’t stop there. It also told Teuscher that it was ending Teuscher’s rights to the five other vials of the donor’s sperm which the sperm bank was storing for Teuscher — sperm which Teuscher planned to use to conceive a sibling to her daughter. The sperm bank further changed the donor’s status from “Open ID” to “anonymous” — a change applicable (and likely upsetting) to all families that chose that donor, not just Teuscher. And the sperm bank shut down the donor sibling portal that the sperm bank had been running, which had allowed Teuscher and other patients to connect with parents of genetically connected half-siblings to their children.

Like any good American, Teuscher responded by suing the sperm bank, NW Cryobank, alleging, among other things, that the clinic did not have the right to take her property (the five vials of sperm).

Can Teuscher Be Guardian Ad Litem For Her Own Daughter?

As the two sides slug it out, one of the positions taken by the sperm bank is that Teuscher should not be permitted to act as guardian ad litem for her own daughter, who is another plaintiff in the case, asserting her own legal rights. In support of its argument, the sperm bank submitted an affidavit from a well-known psychologist in the area of assisted reproductive technology. The psychologist asserts that since the question of whether to find out the identity of your genetic father is always a deeply personal question, giving decision-making authority on the matter to a parent cuts against the child’s autonomy. The sperm bank thus moved that an independent guardian ad litem be appointed for the daughter.

I’m no psychologist, but as a lawyer, that seems like a pretty aggressive argument to advance. Every parent of every donor-conceived child makes the decision regarding whether and how to discuss their biology, and many make the decision not to tell their children despite numerous opportunities to do so. It’s a strange position as a legal matter to contend that those parents who might choose to tell their children their genetic history are less fit as guardians because the children would then lose the autonomy of choosing not to know their genetic history.

In any event, the judge found it just as unpersuasive as I do, and ruled in Teuscher’s favor.

Why Is This Case Such A Big Deal?

I spoke with Professor Jody Madeira, of Indiana University’s Maurer School of Law, about the implications of this case. She explained, “this case is extremely important for several reasons. First, it perpetuates donor anonymity as an ideal, which is akin to Don Quixote tilting at windmills — widespread testing ensures that banks can no longer guarantee anonymity. Second, this case sets a terrible precedent for other situations that families are experiencing NOW.”

Madeira explained that she knows of cases involving parents of a donor-conceived child with a genetic condition that (a) have connected with other families from the same donor experiencing an identical situation; and (b) know who the exact donor is, either because they have been matched to him via a home DNA testing kit, or because they have been able to identify him on Facebook or through other families. (Look at all of this subverting of child autonomy going on!) But even given the serious health concerns at play, parents who use donors continue to have a dilemma. If they use the 23andMe or Ancestry.com service to contact the donor, they may be in the very same situation as Teuscher, risking a demand letter and legal action from the sperm clinic. But if they don’t, they might go without critical medical information that might be needed to protect the life and health of the very child who was conceived with the aid of the donor.

And What About Mom’s Property Rights? And The Dystopian Implications.

Among the other issues, Teuscher’s attorney, Jill Teitel, finds the destruction of property rights especially axiomatic. She wrote to me, “NW Cryobank does not have any right to withhold Danielle Teuscher’s gametes from her. Its customer contracts say nothing indicating that NW Cryobank can seize its customers’ gametes or other fertility-related property that customers agreed to store at NW Cryobank facilities. There is no legal authority that a company can simply take its own customers’ paid-for property when it disagrees with their actions. The fact that the ‘property’ at issue is Ms. Teuscher’s only possibility of bearing a genetic sibling to her daughter is particularly dystopian.”

As this case rages on, I want to be balanced and understanding given the sperm bank’s difficult position of defending the anonymity it promised to its donor clients. However, we live in a different world now, even from the one that existed in 2013. To side with the sperm bank would have some serious negative consequences, both to access to information and to property rights. Sorry, sperm bank. Have you considered settling? Because I don’t think anyone living in 2020 thinks you should win this case.

Ellen 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. 

What’s Your Mindset?

I am reading Non Obvious Megatrends: How to See What Others Miss and Predict the Future. Written by Rohit Bhargava, who has spent a large part of his career at big ad agencies and who identifies as a futurist and innovator, it is the latest in a series of books he’s written called the “Non Obvious Trend Series.” This is the first book of his that I have read. He has some ideas that lawyers can apply to our own lives and careers (note that I wrote “lives” before “careers.”)

What I have found most useful so far is the section on nonobvious thinking.

Bhargava draws on the research of Stanford psychology professor Carol Dweck, who says that people have either a fixed mindset or a growth mindset. In the former, the ability and skills are set, while in the latter, it is expandable, open to new ideas and new experiences.

What is nonobvious thinking, and how do you do it? It takes a growth mindset, the attitude that there is always something new to be learned, a new way of doing something, a fresh approach to a problem that has stymied resolution. Nothing is set in concrete in a growth mindset. The growth mindset peeps are innovators and disruptors, unsatisfied with the status quo.

In the first part of the book, Bhargava describes the five mindsets of nonobvious thinkers. The first mindset is to be observant, to see what others miss. That’s very hard to do in these days of smartphone addiction, of people totally focused on what is on the screen, rather than the world around them. They miss so much by missing important clues in body language, speech patterns, and how people react.

Years ago, I conducted a wholly nonscientific experiment on Manhattan’s Upper East Side. I walked the block from Third Avenue to Lexington along 77th Street. I did not see one single person who looked at me. Every last one of them was fixated on a screen, even those with strollers and dogs; no one paid me any attention. Have we lost our powers of observation? What do we see when we really look? Do we even care anymore? We should, as it’s a vital skill for good lawyering.

Another mindset of nonobvious thinkers is to be curious, always asking why. I think that depends on the setting as to whether this is a good idea. We’re all told in law school — or at least we should have been — “never ask a question that we don’t know the answer to.” Certainly in adversarial situations, that mantra makes sense. However, when interviewing a client, you want to know the full story, you want to be curious about what the client has told you and, even more importantly, what the client hasn’t told you, what the client has left out, whether inadvertently or intentionally. Consider the circumstances and the setting.

Be thoughtful, another mindset of nonobvious thinkers. I think more problems could be resolved if we would just slow down and think before we speak. But we tend to function in a “ready, fire, aim” mode, so hurt feelings and the like lead to the exchange of nasty emails that lead to litigation, where no one wins (except the lawyers who bill the hours). It’s so hard in the heat of litigation to see the other side, to understand that the opposing side’s ideas may be equally valid.

The most difficult conversation for any attorney to have is to tell that client that the opposition has valid points to consider. How many times have I (or you) heard the clients wail that we are “taking the other side?” If they only knew how wrong that was and how what we were doing is trying to protect the client from legal and financial trainwrecks.

Don’t be in such a hurry to respond. You don’t get points for being the quickest mouth in the land; you get points for being thoughtful when you do respond. Sometimes, waiting, just waiting, before answering can be a very effective technique. As the author says, don’t be afraid of  silence.

Yet another mindset of nonobvious thinkers is to be fickle. Allow ideas to soak in before analyzing them. Collect ideas and then give them time to marinate. How many times have you had a brilliant idea for your litigation strategy right off the bat? Your negotiation tactics in a huge deal? Usually the best ideas, the most strategic ideas don’t happen overnight. You think about them, consult with others before deciding whether it truly is a brilliant idea or not. Being fickle means not being wedded to any one idea, to be flexible enough to figure out whether something makes sense or not.

Lastly, the final mindset is to be elegant, and that doesn’t mean in how you dress. Write simply. How many times has a client said that she didn’t understand a word of the memo because it was written in legalese? How many times have we been asked if we bill by the word? What about writing it simply from the get-go? Clients don’t want law review articles or an analysis of all the cases in the area. They want elegance, although they don’t know that’s what they want.  They want simplicity and advice that is to the point. It’s the old “KISS” method — “Keep It Simple [or Short] Stupid.”

So, which mindset are you? Today, more than ever it’s imperative to have a growth mindset. We have to expand our thinking in how we practice. As we’re seeing, the fixed mindset ways of doing things doesn’t cut it anymore.


Jill Switzer has been an active member of the State Bar of California for over 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at oldladylawyer@gmail.com.

Students At Elite Law Schools Demand Increased Sexual Harassment Protections For Federal Clerks

(Image via Getty)

There’s a real problem in the federal judiciary. Whether you look at disgraced retired judge Alex Kozinski, who was accused of pernicious sexual harassment in 2017; the resignation of district court judge Carlos Murguia, who was reprimanded for his “inappropriate behavior”; the stymied inquiry into Kavanaugh’s behavior which disappeared because he left the D.C. Circuit when he got elevated to the Supreme Court; or the powerful testimony of Olivia Warren, who detailed the sexual harassment and abuse she was subjected to during her tenure at the Ninth Circuit by the late Judge Stephen Reinhardt, it is clear the legal industry needs to do something.

The lifetime appointments of federal judges — and the inevitable power they wield, particularly for those that envision a career in the upper echelons of the profession, is enormous. So even in the face of sexual harassment allegations, the actual consequences for misconduct in the federal judiciary will be remains uncertain. The Judicial Conference working group focused on misconduct reforms was formed two years ago, and though they’ve released a report on how to change policies, actual change for clerks and other court employees on the ground hasn’t been realized.

Now law students from some of the best law schools in the country are urging something concrete be done about the ongoing problem. Yesterday, the Harvard Women’s Law Association, Stanford Law School for Gender Violence Prevention, Women of Stanford Law, Yale Law Women, and the Yale Law School Title IX Working Group, and the national law student group, People’s Parity Project, signed a letter to the Judicial Conference asking for specific reforms, specifically: publicly reported federal judiciary “climate surveys,” expanding the Office of Judicial Integrity, centralized employment discrimination responses for federal judges, and information-sharing between law schools and the federal judiciary for reports of judicial misconduct.

And they want it quickly, because they’re frustrated with the thus far slow response to the problem:

We are frustrated by the slow progress in combating misconduct in the judiciary, and we urge immediate action… The brave testimony of Olivia Warren is a reminder that these issues must not be ignored. We remain committed to ensuring the federal judiciary is a safe workplace and hope to serve as a resource for future reforms.

While the letter, available in full below, provides concrete steps to combat the “unique closeness of a chambers environment, the early career stage of most law clerks, the importance of clerking relationships to future employment, and the opaqueness of available remedies have made law clerks extremely reluctant to report misconduct,” there’s also a recognition that this represents only one step in the process:

“This is not the first step to address misconduct, and it won’t be the last,” said Yale Law student Anna Kaul, Advancement Chair for Yale Law Women. “We will continue to call for transparency and accountability to ensure that judicial employees are afforded the safety and respect that all workers deserve.”

It may not be the final step in the process, but it is certainly a big one in the right direction.


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).