The House of Assembly Has Adjourned until 27th August – The Zimbabwean

The House of Assembly Has Adjourned until 27th August

The Senate Will Meet on Wednesday 14th August for Special Business

By furious fast-tracking of business on Wednesday 8th [they sat until 10.39 pm] and Thursday 9th [until 4.10 am on Friday morning] the National Assembly managed to pass, not only the Finance (No. 2) Bill and the Appropriation Supplementary (2019) Bill [the two Budget bills], but also, with amendments, the Maintenance of Peace and Order Bill [see Bill Watch 43/2014 of 9th August [link]]. The House then adjourned until 27th August.

At the end of their sitting at 3.55 pm on Wednesday 7th August, Senators resolved to adjourn until Tuesday 27th August as it then seemed highly unlikely that the National Assembly would be sending the two Budget bills – or any other Bill – to the Senate in time for Senators to deal with them before the holiday weekend.

But late on Friday it was announced by Parliament that the President had summoned the Senate to re-assemble on Wednesday 14th August, two weeks earlier than expected.

Senators Recall

The President acted in terms of section 146 of the Constitution, which empowers him to alter a House’s own recess arrangements by summoning it to sit at any time “to conduct special business”.  In this case the special business cited in Parliament’s announcement of the recall, is to finalise the three Bills that were passed by the National Assembly last Thursday [in fact early Friday morning] and immediately sent to the Senate – the Finance (No. 2) Bill, the Appropriation Supplementary (2019) Bill and the Maintenance of Peace and Order Bill.

Why the Hurry?

What is it about these Bills that qualifies as “special business”?

There is only one truly special element to the business facing the Senate – the need to avoid the collapse of the new monetary arrangements at midnight on Wednesday 21st August.  That collapse may occur if Part VI of the Finance (No. 2) Bill does not become law on or before the 21st August.  This deadline stems from the temporary nature of  SI 33/2019, which underpins these arrangements.  SI 33 – which was gazetted under the Presidential Powers (Temporary Measures) Act on 22nd February – is due to expire at midnight on Wednesday 21st August. Part VI [clauses 20 to 24] of the Finance (No. 2) Bill is designed to validate and regularise [“statutise” is the word used in the explanatory memorandum to the Bill] the monetary system changes enacted by the SI 33 – and, “for the avoidance of doubt”, SI 142/2019.

If the Finance (No. 2) Bill is passed on Wednesday by the Senate there will be only seven days left for the President to assent to and sign it and have it published as an Act of Parliament in the Government Gazette.

[Note previously there have been gaps after the expiry of Presidential Powers regulations – but there has been so much contention over these particular monitory measures that it is likely the government is acting to avoid more litigation].

The Senate has limited power when it comes to money bills – they cannot make amendments, but can only suggest amendments and send the Bill and suggested amendments back to the National Assembly for consideration.  This would cause a delay which the Government may well pressure the Senate to avoid.

The Senate can make amendments to the Maintenance of Peace and Order Bill and it is hoped that they will take time to to reflect on the Bill in its amended form.  It still open to serious criticism.  As pointed out in our Bill Watch 44/2019 [linkthere are still unconstitutional clauses.

Relevant Documents Available on the Veritas Website

Appropriation Supplementary (2019) Bill [link]

Finance (No. 2) Bill [link]

Original Maintenance of Peace and Order Bill [link]

Joint Report on the Maintenance of Peace and Order Bill by  the Portfolio Committee on Defence, Home Affairs and Security Services and the Thematic Committee on Peace and Security [link]

Amendments to Maintenance of Peace and Order Bill made on 8th August [link]

Annotated Maintenance of Peace and Order Bill indicating how the amendments of 8th August fit into the text of the Bill [link].

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

Preparations for the People’s Free Zimbabwe Peaceful March on Course
Amendments to Maintenance of Peace and Order Bill

Post published in: Featured

Amendments to Maintenance of Peace and Order Bill – The Zimbabwean

Amendments Made to the Maintenance of Peace and Order Bill

At a sitting that started on 8th August and ended at 4.10 am on 9th August the National Assembly passed the Maintenance of Peace and Order Bill with amendments, most of which were intended to meet objections raised by the Parliamentary Legal Committee [PLC] in its adverse report on the Bill.  [The adverse report was outlined and discussed in Bill Watch 39/2019 of the 29th July [link].]  Following a summons by the President recalling the Senate from its current recess, the Senate is now due to consider the amended Bill on Wednesday 14th August, together with the Appropriation Supplementary (2019) Bill and the Finance (No. 2) Bill.

This bulletin analyses the amendments which the National Assembly made to the Maintenance of Peace and Order Bill.

Relevant Documents Available on the Veritas Website

Original Maintenance of Peace and Order Bill [link]

Joint Report on the Maintenance of Peace and Order Bill by  the Portfolio Committee on Defence, Home Affairs and Security Services and the Thematic Committee on Peace and Security [link]

Amendments to Maintenance of Peace and Order Bill made by the National Assembly [link]

Annotated Maintenance of Peace and Order Bill indicating how the amendments made fit into the text of the Bill [link].

The Amendments Made by the National Assembly

New Preamble:

A preamble was inserted in the Bill setting out the provisions of section 86 of the Constitution, which allows laws to limit rights and freedoms guaranteed in the Declaration of Rights.  Presumably, the preamble is intended to justify and explain the limits the Bill will impose on freedoms to assemble, demonstrate and petition Parliament.

Clause 4: Temporary prohibition of possession of weapons

This clause will give regulating authorities (senior police officers) power to ban for up to three months the carrying of weapons in public.  The clause was amended:

  • to exclude traditional weapons from the list of weapons that can be banned
  • to prohibit the renewal of a ban within a year after its expiry, unless a magistrate has permitted the renewal
  • to require bans to be communicated through traditional leaders in the areas where they have been imposed
  • to give aggrieved persons a right to appeal against a ban to a magistrate, rather than to the Minister of Home Affairs.

While the amendments improve the clause, it is still too widely phrased.  Anyone who carries a banned weapon in public will be guilty of an offence and liable to imprisonment for six months, regardless of their justification for having the weapon.

Clause 7Notice of processions, public demonstrations and public meetings

This clause will require convenors of public gatherings to notify the police in advance of the gatherings;  if they fail to do so they will be guilty of an offence and liable to imprisonment for up to a year.  The PLC considered that imprisonment was too severe a punishment for the offence and that a fine would suffice.

The amendment passed by the Assembly does not meet the PLC’s objection because it will retain the punishment of imprisonment for failing to give notice of a gathering.  Moreover, it will create two further offences ‒ failing to notify the police if a gathering is postponed or if it is cancelled.

The amendment does not meet more general objections raised by the PLC, that clauses 5 to 8 of the Bill will unduly stifle freedom of assembly and association, and that clause 7, in particular, will prevent spontaneous gatherings being held.  Judgments of the Constitutional Courts of this country and South Africa have emphasised the importance of allowing spontaneous demonstrations;  the judgments are referred to in the Bill Watch mentioned at the beginning of this bulletin.

The amendment is also ineptly drafted.  It does not actually say that failing to give notice of a gathering will be a criminal offence, though by prescribing a heavy fine and imprisonment it obviously will be.  Also, the level of the fine to be imposed for the two new offences is not specified ‒ something that the Senate will have to rectify with a further amendment.

Clause 12: Civil liability of convenor of a gathering

This clause will impose civil liability on convenors for damage or injuries caused at public gatherings which have been held in contravention of the Bill.  The PLC said the clause was too broad and an invasion of freedom of assembly and association guaranteed by section 58 of the Constitution.

The amendments passed by the National Assembly will make the clause less oppressive ‒ but only very slightly.  They will make convenors responsible for loss or injury “caused by” the public gathering, not for loss or injury “arising of or occurring at” the gathering.  And they will allow co-convenors to avoid liability if they show they were not responsible for failing to give notice of the gathering.

The changes made to the clause are insignificant and it remains far too broad.

Clause 13Powers of Police

This clause will give police officers power to control disorder at gatherings and, in its original form, the clause would have given them the right to use firearms and other weapons as a last resort.  The National Assembly passed an amendment to the clause to remove the references to firearms and weapons.  This is a welcome and necessary change, one which was not suggested by the PLC.

Clause 14Persons to carry identity documents

This clause required every adult to carry his or her identity document in public and gave police officers power to demand that he or she produce it.  This, as the PLC rightly pointed out, was unconstitutional.

The clause has been amended so that it provides merely that if a person is reasonably suspected of having committed an offence the police can demand his or her identity document.  The person will then have to produce it within seven days at a police station. The clause is now constitutional.

The next five amendments were not suggested by the PLC and were made in the course of debate during the Committee Stage in the National Assembly.

Clause 15Cordon and search

This clause will allow the police to establish cordons round an area in order to contain public violence within the area or to prevent violence spreading to the area.  The effect of the amendment is that cordons may be established for those purposes if it is reasonably necessary to do so in the interests of, amongst other things, “public morality, public health or regional or town planning”.  What public morality, public health or town planning have to do with containing public violence is anyone’s guess.

Clause 19: Powers of search and seizure

This clause will allow a court convicting a person of an offence involving public security to order the forfeiture of any vehicle, aircraft or vessel involved in the offence.  The amendment will limit the court’s power to vehicles, aircraft or vessels used to commit the offence or to enable it to be committed.

Clause 21Special jurisdiction of magistrates

This clause will give magistrates jurisdiction to impose very severe sentences for offences involving public security.  The National Assembly resolved to delete a subclause giving the President power to suspend the operation of the clause.  While deleting the subclause is a good idea, magistrates’ sentencing powers under the clause are still far too great and should only be exercised by the High Court.

New clause: Repeal of POSA

The Assembly resolved to insert a new clause repealing POSA;  the Bill in its original form omitted to do this.

Schedule:

The Assembly voted to insert a provision that will allow “meetings of traditional leaders with their subjects” to be held without the need to give prior notice to the police.

Is the Bill Now Constitutional?

No it is not.  As pointed out above, the amendments have not met the PLC’s objection that clauses 5 to 8 unduly limit citizens’ constitutional right to demonstrate peacefully in public.  Clause 12 is equally repressive, by imposing excessive civil liability on convenors who fail to notify the police of forthcoming demonstrations.  The Bill still prohibits demonstrations near Parliament which, as the PLC said, unduly inhibits citizens from petitioning Parliament.

It is to be hoped that the Senate will make further amendments to protect the essential democratic freedoms of assembly and demonstration, and to render the Bill fully compliant with the Constitution.  Further amendments to that end could include the following:

  • Allowing unplanned demonstrations and meetings to be held.
  • For planned demonstrations and meetings, reducing the period of notice that must be given to the police beforehand:  four days should be ample notice.
  • Giving a magistrate, rather than a senior police officer, the power to prohibit the holding of gatherings under clause 8(9) of the Bill.  In other words if a regulating authority (a senior police officer) believes that a gathering will cause serious disorder, he or she should approach a magistrate for an order prohibiting the gathering, and the magistrate should be obliged to consult the organisers before issuing such an order.
  • Allowing organisers of public gatherings to escape civil liability for loss or damage under clause 12 of the Bill if they can show that the injury or damage would probably have occurred even if they had complied fully with all instructions given by the police.
  • Giving courts a discretion to award compensation for loss or damage caused by violent public gatherings under clause 12(5) of the Bill.  At present courts must award compensation, whether victims have asked for it or not.
  • Obliging the Police, whenever they use force to disperse or control a gathering, to make a full written report to the Minister with a copy to the organisers of the gathering, and obliging the Minister to lay the report before Parliament.

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

The House of Assembly Has Adjourned until 27th August
Vision for Zimbabwe

Post published in: Featured

Catch-up on Zimbabweland – The Zimbabwean

The challenges for 2019 outlined in January remain as pertinent as ever, perhaps more so as the Zimbabwean economy continues to slump. This year there have also been a number of blogs that look at the bigger picture, including a commentary on the SDGs, the Chinese Belt and Road initiative and Boris Johnson’s premiership in the UK.

Our Zimbabwe research in the new resettlements has featured in several blogs, notably around our work on small-scale irrigation and mechanisation processes. Look out for more from September when the blog will feature a major series comparing the experience of the communal areas adjacent to our A1 resettlement study areas in Masvingo province. A few years on from our original research on this theme, this time our data show perhaps an even more stark disparity, with the A1 areas being relatively prosperous and the communal areas suffering. Anyway, more on this soon. Meanwhile my holiday job is to pore over the spreadsheets and make sense of a lot of data!

Sometime in the coming months the blog will also feature an important new special issue just out in the Review of African Political Economy, titled Agrarian change in Zimbabwe: where now? It has been a ridiculously long time in coming (such is the pace of journal publishing these days), but it’s worth the wait! It has great series of papers updating the agrarian reform story from a range of Zimbabwean researchers. It is opened by an editorial by Grasian Mkodzongi and Peter Lawrence that sets the scene.

Vision for Zimbabwe
Eskom exports ease Zimbabwe’s power crisis

Post published in: Agriculture

Eskom exports ease Zimbabwe’s power crisis – The Zimbabwean

12.8.2019 12:25

Lower demand and additional supply mean Zimbabweans will face less time without electricity

Picture: WALDO SWIEGERS/BLOOMBERG

Power utility Eskom on Friday began exports of up to 400MW of electricity to Zimbabwe, easing a protracted power crisis in that country characterised by daily outages lasting up to 18 hours.

State-owned power authority Zesa expects a combination of lower demand and the additional supply to mean Zimbabweans will face less time without electricity, said Zesa spokesperson Fullard Gwasira.

“We are currently receiving 400MW from Eskom, most of our power stations are also running and the temperatures are also beginning to pick up, and so some of the winter gadgets are beginning to be switched off,” he said.

Eskom said it had started a “discretionary supply” of 50MW, which it would increase if and when capacity allowed.

“All conditions precedent have been met and we will supply in accordance with the contract we have in place,” said Eskom spokesperson Dikatso Mothae.

Zimbabwe owes Eskom $23m in unpaid bills and its treasury has committed to weekly payments of $890,000 to clear the debt.

Catch-up on Zimbabweland
NSSA Scandal And Tech Pt 1: Zim Army, Africom, NSSA Robbed Zimbabweans Of Millions

Post published in: Business

NSSA Scandal And Tech Pt 1: Zim Army, Africom, NSSA Robbed Zimbabweans Of Millions – The Zimbabwean

The NSSA forensic audit report which was made public a few weeks ago is making all the headlines. There is a lot in the report that is relevant to Zimbabwe’s tech space and we will break things down over a series of articles. Let’s start with the story of Africom, the army and NSSA.

Starts with an entrepreneur who needed money

Kwanayi Kashangura founded a company most Techzim readers know: Africom. At some point in the journey, Kashangura needed to raise more capital. He approached some of the investment heavyweights in Zimbabwe which of course include the National Social Security Authority (NSSA). This is the poverty machinery agency that collects money from every worker in Zimbabwe and then gives some of them peanuts every month after they retire.

NSSA ended up with 4.5% shareholding in Africom. A funny entity that ended up with majority shareholding (51%) is a company called Fernhaven Investments. It’s a funny one because this is a company owned by the Zimbabwe military through the Ministry of Defense. Yes the conspiracy stories about the military are true.

Africom had issues

If you have a long memory you may recall that Africom had some dramatic boardroom squabbles in 2011 and 2012 and at some time the founder of the company, Kashangura was booted out. Part of the problem was that an audit report had revealed that Africom had very irregular procurement processeswhich included buying from companies that were not even registered. Worse, some of the companies they bought from in Zimbabwe and South Africa had been set up by Kashangura himself. We can just say in everyday language, Kashangura was milking Africom.

Africom needed more money

In 2013 Africom needed some extra millions. They went to Zimbabwe’s all weather banking friend, Afreximbank. Afreximbank gave them USD15.8 million at an interest of 6.5% per annum.

To safeguard themselves, Afreximbank asked for guarantors and Africom turned to their shareholders. On the 7th of November 2013 the board of NSSA agreed to guarantee the loan proportionately to their shareholding in Africom. This made sense of course. NSSA owned just 4.5% equity, why would they be fully exposed to the debt?

Well, the board’s decision was somehow put aside because NSSA ended up being the sole guarantor to the Afreximbank debt. The authority to guarantee the debt was given by the then Minister of Social Services, Nicholas Goche on 4 December 2013 (see it didn’t start with Mupfumira). The Office of the President and Cabinet is reported to have been part of the squeeze on NSSA.

NSSA got a pledge from the Ministry of Defense owned Fernhaven Investments however. Fernhaven pledged Long Chemn Plaza (a shopping mall that we didn’t know actually belonged to the army) to NSSA in the event that Africom defaulted on the loan.

Africom doesn’t pay its debt

Two years after the Areximbank loan was acquired, on the 21st of September 2015, NSSA received a letter from the Afreximbank lawyers demanding payment of the $15.8 million.

According to the pledge from the army owned company, NSSA should have foreclosed on Long Chen Plaza so as to pay Afreximbank. The army backtracked and would not let NSSA do this. Reports at that time were that the army had pledged the mall without the knowledge of their Chinese partners and the said partners were not having it.

The Zimbabwean tax payer always takes it

Perhaps NSSA was too afraid of a company owned by literal dudes with guns and so NSSA had to look for a sucker to take over the debt. The sucker is you (if you are Zimbabwean) and I. In January 2018 NSSA offloaded the debt to a special vehicle company set up by the Reserve Bank of Zimbabwe to take over bad debts, ZAMCO.

Sadly this means tax payers took over the burden of servicing a loan that had been acquired by Africom. NSSA and the army each paid just above $300 000 each to cover transfer costs and that was it. Just another day in Zimbabwe…

Morning Docket: 08.12.19

* Accused sex trafficker Jeffrey Epstein, who’d reportedly been taken off suicide watch, died by suicide this weekend as he awaited trial. AG Bill Barr is “appalled,” and has called for an investigation into the circumstances of Epstein’s death. [New York Times]

* In light of Epstein’s death, his victims want prosecutors to turn their sights upon Ghislaine Maxwell, who has been described as the financier’s “protector and procurer, his girlfriend and his madam.” [Washington Post]

* Will the Supreme Court be able to delay hearing cases about expanding Second Amendment rights considering the fact that this country has quite the problem with mass shootings? Not too hopeful here. [USA Today]

* Joel Sanders, defunct firm Dewey’s former CFO, wants his criminal conviction to be tossed out and his $1 million fine to be vacated with it. [New York Law Journal]

* So much for those Biglaw raises… According to a report recently published by the ABA, lawyers’ wages have been pretty stagnant, growing slower than inflation from 2017 to 2018. [Big Law Business]


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

Zimbabwe’s children suffer from country’s economic crisis – The Zimbabwean

A young boy smiles while carrying a basket to a popular market in Harare, Thursday, Aug, 8, 2019. Many Zimbabweans who cheered the downfall of longtime leader Robert Mugabe two years ago have found the country’s economy even worse than before. (Tsvangirayi Mukwazhi/Associated Press) By Farai Mutsaka | AP August 11 at 6:02 AM

HARARE, Zimbabwe — It is only a few hours since Zimbabwe’s schools closed for month-long August holidays, and 13-year-old Tanyaradzwa is already milling outside a bar “doing business,” he says.

He hawks cigarettes outside a dingy downtown bar in the capital, Harare, and for a fee, helps motorists find parking space.

“I am not a street kid. I come here to sell my things, go home and use the money to buy food,” said Tanyaradzwa, who did not give his last name to protect his privacy.

With power cuts lasting 19 hours per day, debilitating water shortages, inflation at 175% and many basic items in scarce supply, Zimbabwe’s children are the silent victims of the once-prosperous southern African country’s debilitating economic downfall.

Tanyaradzwa would rather be home playing computer games with friends. But for his family of six to eat he must hang around the bar at the popular Elizabeth Hotel in hopes of cashing in on afternoon drinkers and passersby who want to buy cigarettes, he said.

His parents run a small vegetable stall in Glen View, a working class residential area, but what they make is hardly enough to pay the bills, let alone buy food, he said.

Due to the spectacular deterioration of an economy that brimmed with hope less than two years ago, many people can no longer afford to put food on the table without the help of their children – no matter how young.

Children are forced to juggle between school demands and supplementing the family income through street vending or selling at small stalls.

“These holidays just mean more work. There is no break, because I now have no excuse not to work every day,” said Tanyaradzwa.

On the adjacent, busy street named after former longtime ruler Robert Mugabe, children joined elders pushing fruit and vegetable carts. Some kids held cardboard boxes selling items ranging from cigarettes, cell phone airtime, sweets and clothing.

According to Mercy Mpata, a teachers’ representative, the demands are taking many children’s focus away from school.

“There is a lot of absenteeism because the children have a lot on their plate,” said Mpata, the spokeswoman for the Association of Rural Teachers of Zimbabwe. “Even if they come (to school), they are either sleepy or, instead of concentrating on school work they are busy thinking ‘Where will we get the next meal if I don’t sell enough items after school today?’”

Teachers have their own grievances. They are paid the equivalent of about $50 a month and, like the rest of the civil service, say they cannot live on those wages, which they call “slave salaries.”

“We live in the community. We interact with these children and their parents. They are like family. That’s why we always try to give it our all … but hungry teachers teaching hungry children, that’s tough,” said Mpata.

The food situation is dire in Zimbabwe, with about a third of the country’s 17 million people being food insecure due to drought and the worsening economy, according to a report released this month by U.N. agencies, international aid organizations and the government.

President Emmerson Mnangagwa declared the drought a national disaster on Tuesday. On the same day, the U.N. launched a $331 million appeal to mitigate the unfolding disaster. Children, according to the appeal, are some of the hardest hit. Close to 160,000 children and adolescents will need welfare and child protection services, according to the U.N.

“There is a risk that children and adolescents will increasingly experience psychosocial distress as some are likely to drop out of school, pushed away from home to seek employment,” said the U.N. in its appeal for funds.

Expectations were high that Zimbabwe’s economy would grow following Mugabe’s departure at the end of 2017. But the economy did not take off and will contract 3% this year, Finance Minister Mthuli Ncube, said this month.

After inflation reached a decade-high of 175.6% last month, Ncube suspended the country’s monthly inflation reports, saying that last year’s prices were in U.S. dollars and now they are in Zimbabwe’s currency, introduced in June, so they are not comparable.

However, that has not stopped schools from feeling the pinch of rising prices and eroding incomes. For the coming school term, some boarding schools are asking parents to provide food instead of paying school fee increases.

But that’s just for the fortunate children who still have parents and guardians able to afford such boarding facilities.

For many children such as Tanyaradzwa, juggling between school and eking out a living takes a toll, even as they desperately hold on to bouts of hope.

“I have dreams, big ones,” he said, smiling. “I want to be a lawyer.”

To achieve that dream, he is sacrificing much of his childhood.

“There is no time to play with friends,” he said. “The work, the school, it takes all of my time.”

‘It’s a painful story’: Community raising money to send Zimbabwe ‘agent of change’ home – The Zimbabwean

A nurturer, educator and member of his country’s main political opposition party, Chitiyo came to the US from his native Zimbabwe after retiring in 2013, fleeing a major economic downturn that left his retirement all but worthless. Now that he has passed, his family wants to send him home, but the expense is so great they cannot shoulder it alone.

Chitiyo’s story begins in Mutare, Zimbabwe, where he was born. He was the eldest son, the second of 10 children. His father passed away when he was in his early 20’s.

“He had to take up the mantle of taking care of the younger siblings because my grandma was a stay at home wife,” said Tariro Chitiyo, his daughter. “He went into teacher training, and he became a teacher. It was one of the professions that would enable him to take care of his mom financially. He put his younger siblings through school.”

He met his wife, Tariro’s mother, in training.

He taught geography and history in high school, then became a principal, and later an administration at the University of Zimbabwe in the capital city, Harare, where their four children were born.

At the university, he worked directly with students as the go-between between them and the school.

“They seemed to love him, because they all just ended up converging in his office,” Tariro said. “I’d sometimes go there on Friday afternoons, and my dad would be sitting there with a bunch of students and they’d be talking. They were so comfortable with him.”

She describes her father as a nurturer, a problem-solver.

“He was a nurturer. You could always go to him, regardless of who you were. You could always go to him with whatever problems you had, and he always would find a way to come up with a solution for that,” Tariro said.

She recalled a particular instance with her father that she thinks of when she gets into trouble.

“My dad always told me, whatever the boys can do, you can do, too. That meant I would go climbing trees. We used to play on the roof of our garage. We had this huge tree that was right next to the roof of the garage. … It was a really sturdy tree, and the branches went on top of the garage. We would climb it … I would play for hours with my brothers up there” she said.

One day, when she was about five years old, she got stuck up there. Her brothers had climbed down the tree and left her.

“I couldn’t get down, and I started crying … My dad came out and he was like ‘I’m not going to tell you to jump. I could tell you to jump and I’ll catch you, but … you need to figure it out’ … He told me ‘If you remember how you got up there, you’ll know how to get down.’”

When she gets into trouble now, she remembers his words.

“Whenever (I) get into trouble, I always try to retrace my steps. How did I get myself into this, and if I got myself into this, I can get myself out of it,” she said.

Life in the Chitiyo family – and in families all across Zimbabwe – got harder after 2008.

“Zimbabwe went through a really tumultuous economic slump around 2007, 2008. (It) wiped out everyone’s retirement plans, so all the retirement money went down the drain. It went from being worth a whole lot to being worth nothing,” Tariro said.

Her father was set to retire in 2013, but was worried the family wouldn’t be able to live off his retirement package, now worth little to nothing.

One of Tariro’s brothers, who had moved to London because of the collapsing economy and large unemployment rate, called their father one day to tell him about a potential way out of Zimbabwe.

“He called one day and was like ‘You know, one of my friends forwarded a green card lottery system thing, so just send me your pictures and you never know,’” Tariro recalled. “It’s like a draw, put your name in a hat and whoever’s name gets picked, and my dad’s name got picked.”

At first, she said, her father didn’t know what it meant.

“He just didn’t get it. ‘What’s the excitement about it? What am I going to go to America and do in my old age?’” Tariro remembered him saying.

Her brother, however, was excited.

“My brother explained this is a green card,” Tariro said. “(He told him) ‘You could go and work if you wanted to. At the same time, you could go visit your family (because he’s got a cousin that lives in Minnesota). Visit with him and see whether you like it or not, and if you don’t, you can always come back home, and we’ll pick it up from there.’”

So when he retired, he left Zimbabwe for the US.

“As painful as it is, it’s either you stay and you die, or you move and try to make it the best way you can,” Tariro said. “For him to move after retiring … someone who’s lived in a country for all their life, for them to then pick up and leave after they retired because they can’t see how they were going to survive … it was heartbreaking. ”

He couldn’t get a job at a university, and he ended up working as a sales associate at Walmart.

“Although it was frustrating, he was always happy. He didn’t let it get him down. He’d be like, ‘Okay, yes I’m disappointed, but life goes on,” Tariro said.

He found his way back to education, albeit not in the capacity he was used to, but as a substitute teacher.

“One of his friends at work was like you should be teaching because I think everyone noticed this man is too educated to be working at Walmart,” Tariro said. “He would work nights at Walmart and come back home, finish work at 7 (am) and be at his substitute teaching job at about 8 (am) or depending on what time his assignments were… sometimes the assignments would be a couple of hours or they would be throughout the day. He would get back home and try to get some sleep from 4 pm and wake up and go to work at 10 pm, so that was really strenuous on him.”

During his time in Dickinson, he was active in the local Zimbabwean community, where he met his friend Tawanda Dzvokora.

“He told me his life story. We kind of connected because he was a teacher … I also was a teacher in Zimbabwe,” Dzvokora said.

They shared something else, too – they were both members of the main opposition party in Zimbabwe – Movement for Democratic Change- and they were involved in their country’s politics even while in the US.

Dzvokora said when he heard Chitiyo’s stories of activism in Zimbabwe, he was excited and looked to him for advice.

“He was an advisor. He was like a father to me,” Dzvokora said. “He would sit down and then tell me ‘If you want to get this done, please do the things this way and that way. That’s how we used to do it back home in Zimbabwe.’”

Activism was common with teachers.

“If you are a teacher in Zimbabwe, you are an agent of change, so you’re bound to talk about what is going on in your country, and what is wrong, and what is not wrong, and how things should be. He was an outspoken person. He would speak out, just like I would,” Dzvokora said.

Speaking out against the Zimbabwean government can be deadly.

“Once you do that, there’s no freedom of speech. You cannot criticize the government. You cannot say the government is wrong. Once you do that, you become an enemy of the government, and they come after you. They kill people,” Dzvokora said.

He said he left Zimbabwe because of political persecution.

“They follow the leaders of the protests to their homes and abduct them and even make them disappear. I was one of the leaders, and I was being followed every day and night,” he said.

Tariro said thankfully, her father had not experienced that firsthand.

“My aunt (his sister) was murdered during the war, so he understood what people go through during times of political turmoil, and the one thing he always used to tell us was ‘Make sure you’re safe. Be careful of who you’re talking to when you are talking’, because he understood that it was a matter of life and death,” she said.

Chitiyo didn’t leave Zimbabwe out of fear of the government, but Dzvokora and Tariro said his story is still representative of the plight of many Zimbabweans.

“His story represents the story of millions of other Zimbabweans who would have gone through college and done everything to ensure that they have a successful life, but they never have it,” Dzvokora said.

To Dzvokora, that Chitiyo spent his life working toward something he never saw was painful.

“His story, it’s a painful story. To me, it broke my heart. This is a man who served his country, his community, for 42 years, working diligently and honestly,” he said. “If he was in a normal country like the USA, you know that you’d have retired maybe with a million dollar 401K pension. He retired, and he didn’t have anything to show for it. Maybe you get $100 a month, but that $100, you have to stand in the line, in the queue, for days for you to get that. This is a man who should have been enjoying his life somewhere in Zimbabwe playing with grandchildren, enjoying his sweat, the fruits of his labor.

Chitiyo had been in remission from prostate cancer, but started getting sick again.

During a colonoscopy, his doctors discovered he had colon cancer that had spread to his liver. After recovering in Bismarck from his kidneys shutting down, he went through chemotherapy. It worked … and then it didn’t.

“He was at the hospital at CHI. He stayed in the hospital for a couple of weeks, then they said that the treatment wasn’t helping, so they stopped all the treatment and he was transferred to St. Benedict’s on a Tuesday two weeks ago, and he passed the following day. It went really quick,” Tariro said.

His family want to return him to his beloved him.

“It’s important for us to get him back home because my brothers didn’t get a chance to say goodbye … He came from a large family and he was the eldest son and took care of his siblings so family would like a way to send him home and get a chance to say goodbye to him. Before he passed, he wanted to be buried at his communal home next to his parents … we wanted to honor that,” Tariro said.

More than just his family are waiting for him.

“This is a man who spent 42 years working in Zimbabwe, went to school there. All his workmates, his friends … Thousands and thousands of people are at their homestead, who have been there since the day he passed, just waiting for him. Like she said, it’s very traditional. For us it’s cultural that you have to be buried in your home,” Dzvokora said.

To repatriate his remains will cost the family between $18,000 and $20,000.

“Although he does have a funeral policy back home, (and) it was supposed to cover his repatriation back home, but because of the recent demonetization of the Zimbabwean dollar and the reintroduction of the currency, they told us that they cannot afford to repatriate, so the family has to handle that,” Tariro said.

The family have yet to receive his life insurance policy, but they have raised a bit of money already.

“I just want to thank the Dickinson community, the Zimbabwean community and some of our African friends. We contributed I think over $4,000 towards the funeral. It takes about – it’s very expensive – $18-20k to repatriate someone to Zimbabwe. The family had some savings … but we’re still really short,” Dzvokora said.

If you would like to help bring Chitiyo home, the family has set up a Go Fund Me page. They still have about $12,000 to raise

Violent Protests Threaten Zimbabwe’s Recovery – The Zimbabwean

Mnangagwa inherited a struggling economy marked by hyperinflation, cash shortages, a budget deficit, endemic corruption, and a lack of monetary sovereignty.

Moreover, the sanctions imposed on Zimbabwe by the U.S. and the EU following Mugabe’s controversial land reforms some 20 years ago, continue to stifle the Zimbabwean economy, limiting the country’s access to foreign lenders. The situation was exacerbated by the severe drought and Cyclone Idai that hit the southern African state in March.

-Despite these setbacks, the government has advanced its reform agenda and begun to open up economic, political and media spaces. It is reviewing 30 Mugabe-era bills and is in the process of upgrading them to Western standards. These include the much-criticised Access to Information and Protection of Privacy Act (AIPPA) and the Public Order and Security Act (POSA). The former was repealed last month and replaced by the Freedom of Information Bill, which seeks to uphold citizen’s rights to access information in line with the Zimbabwean Constitution and established international norms. The latter is expected to be succeeded by the Maintenance of Peace and Order Bill (MOPA) soon, which aims at ensuring the freedom of assembly and modernising the management of public gatherings.

Meanwhile, the government already yielded tangible results with a budget surplus of $2.5 million between January and July 2019 and a positive current account for the first time since the adoption of the multi-currency regime in 2009. Zimbabwe’s challenging currency reform is supported by the International Monetary Fund (IMF), with whom the government signed a two-year monitoring programme that could earn it debt forgiveness and future financing.

Another significant milestone in Mnangagwa’s reform programme concerns land ownership, which marks a departure from his predecessor’s anti-white stance. Unlike Mugabe, who evicted white farmers and limited their land leases to five years, Mnangagwa publicly declared that white commercial farmers are now free to apply for land, extending 99-year leases to all farmers – independent of their skin colour – and compensating white farmers.

However, these positive developments are at risk of being undermined by opposition forces, who announced a two-day general strike in late July. The Zimbabwe Congress of Trade Unions (ZCTU), which is widely seen as an extension of the opposition MDC, called on workers to mobilise for a mass “stay away” to protest against the “deteriorating economic situation.”

As a union representing workers with divergent political views, the ZCTU is supposed to be apolitical. However, the ZCTU has unilaterally decided to align itself with the MDC, and in tandem, they organised demonstrations that had little to do with the welfare of workers but rather with the objective of overthrowing the democratically elected government.

The protest dates have been strategically chosen to take place during key moments for Zimbabwe on the world stage. The first coincided with Mnangagwa’s election victory in August 2018, while another occurred in January this year when Mnangagwa was on a five-nation tour, including a high-profile visit to the World Economic Forum in Davos. The next protests are expected to be held around yet another major international event: the UN General Assembly in New York in September, which Mnangagwa plans to attend.

Investigating previous protests, an international commission of inquiry, chaired by former President of South Africa Kgalema Motlanthe, concluded that “the protests were pre-planned and well-organised as shown, for example, by the evidence of the pre-election speeches of the MDC Alliance leaders and the evidence of all of the events that took place on the 1st of August 2018 including the fact that groups arrived with an assortment of objects such as containers of stones, bricks, logs, and posters, which they used in their demonstrations.”

Highlighting the violent nature of the protests, which caused extensive damage to property, the commission found that “the rioters were forcing ordinary people who were conducting their day to day business to join the riots” and “injury had been incited, pre-planned and well organised by the MDC Alliance.” In early July, a senior MDC official declared that his party would “overthrow” President Mnangagwa before his term expires in 2023.

The controversial partisan politics of the trade union have been condemned by some of its members, such as the Zimbabwe Teachers Association (ZIMTA) that recently pulled out of the labour umbrella body. Some critics say that the body cannot genuinely represent workers’ rights by aligning itself with the MDC Alliance headed by Nelson Chamisa, who pleaded a court case for the dismissal of some 30,000 workers back in 2015.

Internationally too the ZCTU has fallen into disgrace, failing to get funding from the International Labour Organisation and Germany’s Friedrich-Ebert-Stiftung, who informed the ZCTU leadership that they would not fund any violent protests in Zimbabwe, but rather issues related to peace-building and dialogue.

Meanwhile, Mnangagwa has re-launched a Tripartite Negotiating Forum between labour, business and government to build a stronger social dialogue and to protect workers’ interests while expressing his vision of reaching an upper-middle-class income status by 2030 (Zimbabwe has just been upgraded to lower-middle-income status by the World Bank last month). And in an effort for unity and reconciliation, he kick-started the Political Actors Dialogue and reached out to the opposition.

Unfortunately, Chamisa’s MDC Alliance has rebuffed the extended olive branch. The opposition appears more interested in power politics than supporting Zimbabwe’s reform process, which is a unique chance for the country to turn the page following decades of economic and political mismanagement.

‘It’s a painful story’: Community raising money to send Zimbabwe ‘agent of change’ home
On World Elephant Day: An interview with Sharon Pincott

Post published in: Business

On World Elephant Day: An interview with Sharon Pincott – The Zimbabwean

For those who would like to see for themselves what I saw in April 2018, when I was invited to China to speak with school children there about elephants, should watch YouTube at this address – https://www.youtube.com/watch? v=YZY5Ei0PFSg. You’ll see the appalling conditions for elephants that I personally witnessed there, at Beijing Zoo.

Q2. What about the recent reported requests to Zimbabwe for elephants to go to USA zoos?

PINCOTT:  I’m aware of these media reports – and have added my voice of opposition to that of other world elephant specialists, in a letter being forwarded to the US Fish & Wildlife Service, and the Association of Zoos.

This takes me back once again to the 1980s and the horrific days of culls in Zimbabwe, when young elephants were kept alive, close to their murdered mothers, and then later flown out to the USA. I think of the elephant named Nosey, who was one of these poor little Zim elephants, eventually sold on to someone else, as a circus act. It was November 2017 before she was finally confiscated from her heartless circus owner and allowed to roam the lush habitat of the Elephant Sanctuary in Tennessee, free from decades of brutal exploitation. Dedicated USA-based groups like ‘Save Nosey Now’, who you’ll find online, are seeing this battle through, and will continue to also fight for the release of other captive elephants.

Q3.  Are you aware of the poaching situation in Zim?

PINCOTT:  I know that cyanide poisoning continues. Although not to the scale of the massacre that I was witness to in 2013 (and wrote about in Elephant Dawn), this is an area of ongoing, deep, concern. I also often think back to the scores of snared elephants and other animals that I encountered in my early years in Hwange (from 2001 onwards), which no-one had noticed, because no-one was out there specifically looking with eyes wide open. With Zimbabwe’s problems as a country as awful as ever, I can’t believe this snaring problem will have gone away. It worries me that in some areas people probably aren’t looking properly, once again.

And what of corrupt heavyweights like the relative of the ZanuPF thug ex-Governor/Cabinet Minister Obert Mpofu (who I had numerous run-ins with over the years)? Sifiso Mpofu, former Mayor of Victoria Falls (and others) was arrested way back in March with 9 elephant tusks! What has happened to them? We all know that these extremely well-connected government thugs will never likely see the inside of a jail cell – which is one of the reasons why Zimbabwe remains in such a mess.

And now you have Priscah Mupfumira, ex-Zim Tourism & Environment/Wildlife Minister, with criminal abuse of office charges against her involving US$95million! If this is true of her conduct in her prior ministerial position, then what might she have done/approved/been involved in while most recently Minister of Wildlife? The whole place becomes more and more of a joke every day! And it’s not only the people who suffer as a result. The wildlife suffers too – regardless of whether or not Mupfumira is a “sacrificial lamb” of a corrupt government, with the worst of them still walking free and enjoying their plundering ways.

Q4. What about the land grabs of key wildlife land?

PINCOTT:  Certainly the private land grab of key Presidential Elephant land – between Hwange Safari Lodge and the border of the Main Camp section of Hwange National Park – has never been reversed. And so, full-length game-drives amongst the Presidential Elephants of Zimbabwe have remained severely compromised, as flagged would happen back in 2013. Since then proof has surfaced that the original ‘claimant’ of this elephant land (previously classified ‘State Land’, when State Land in Zim meant ‘specially protected land’) – the now deceased Isabel Madangure – although touted to be an Opposition Party leader, was actually a Mugabe/ZanuPF informant; someone who never truly ran in elections against Mugabe at all. Her main role was apparently to help make Zimbabwe look in the eyes of the world – in the 1990s and onwards – like a democracy; a country that needed to look like it had several opposition parties! There is online proof that she actively encouraged her party members to support Mugabe in the violent 2008 elections.

That elephant/wildlife land that was previously called Kanondo – now called ‘Gwango Wildlife Parks’, inherited and now ‘owned’ by Madangure’s daughter, Elisabeth Pasalk-Freeman – was absolutely a political land grab, as was flagged at the time, to the detriment of these elephants and all that they were supposed to represent. It’s rather interesting that Pasalk-Freeman is also the niece of the current ZanuPF Health Minister, ‘Dr’ Obadiah Moyo – who is widely accused of having bought his medical credentials, in a health system that is crumbling around him.

While in Zimbabwe, I was often told “do not politicise wildlife”. What a great joke that was (as I knew well at the time), when so many things, like this grab of key elephant land, are indeed very political – and not forgotten by many.

Q5. What do you miss most now you are so far away from elephants and your friendly herd, and how are you coping personally?

PINCOTT:  What I miss most are the intimate times with my elephant friends; free-roaming elephants who, after spending many years together every day, truly accepted me as one of their own, as one of their family – who would respond eagerly to my voice, and actually run to me when called by name; who bought their new-borns to meet me, and I’m quite certain enjoyed my company as much as I enjoyed theirs. They knew I was on their side and it’s sad to know that my leaving must have left them wondering what had happened to me. Knowing them as well as I did – and having seen them mourn their own – I believe they would have also mourned me, as I did them. That’s sad to think about.

But Elephant Dawn (the book I wrote after leaving, about my full 13 years with Hwange elephants) allowed me to document it all and to leave that legacy – and I know that it has helped their kind. In fact, 3 years after release, a USA publisher has just now released Elephant Dawn as an Audiobook – which should hopefully bring a whole new audience in touch with what elephants (and those who look out for them) face in the African wild today. It’s very true that sometimes you need to be out of a country to raise more extensive and much-needed awareness.

The never-ending harassment and stresses while there, and then finally leaving my elephant friends – probably combined with exposure to DDT which Zimbabwe still use for malaria control – almost certainly triggered in me severe autoimmune conditions, which I started suffering from in earnest in 2015. I now cope with an extremely rare systemic and progressive connective tissue disease (which afflicts only 100s in the world), and which has affected my tissue, bones, muscles and some organs. With mobility concerns, and also the potent drugs and treatments that I must constantly have, I’m unlikely to be able to return to Africa again, perhaps not even for a visit. But I take it just one day at a time at the moment. Thankfully I’m blessed with an ocean view in beautiful Queensland, Australia and scores of colourful, wild parrots that I’m now starting to know by name, to help me cope!

Some in Zimbabwe may truly hate it, but I’m super grateful for social media and the ability of concerned people and groups, all around the world, to keep an eye on things and to be heard. It’s a blessing for the elephants.

Q6. How can people better educate themselves about elephants?

PINCOTT:  The stunning coffee table book compiled and edited by South Africans Don Pinnock and Colin Bell called The Last Elephants, with contributions from some 40 elephant specialists, and a Foreword by Prince William, is definitely a book that you need to get your hands on. It’s hoped that many world government officials will have read at least some of this book prior to the upcoming CITES meeting to be held in Geneva next week, where trade in ivory will be voted on.

And next month another captivating record will be released: Elephant by Errol Fuller, which I already have an advance copy of and have reviewed for its back-cover.

A reminder too that my time with the Presidential Elephants of Zimbabwe documented in the 2012 award-winning international documentary titled All the President’s Elephants is available now to view freely online at this address: https://vimeo.com/231846100

All over the world concerned people are going all out to keep the plight of elephants in the spotlight. Let us, and every generation to come, never bear witness to the last elephant.