We’ve Moved Well Past Fighting Words – See Also – Above the Law



Health
Care
/
Medicine


What
Could
The
Election
Mean
For
Data
Interoperability?

Most
Americans
don’t
understand
how
an
administration’s
view
on
healthcare
data
sharing
interoperability
could
directly
impact
them,
pointed
out
Arcadia
CEO
Michael
Meucci.
More
requirements
around
data
sharing
could
lead
to
better
care
continuity,
improved
outcomes
and
lower
costs.



 

Stat(s) Of The Week: Employment Law And Election Day – Above the Law


Whether
they’re
providing
employment
law
guidance
or
casting
their
own
ballot,
lawyers
will
be
coming
across
rules
for
Election
Day
leave
in
the
coming
week. 



As
noted
by
CNN

and

this
tracker
from
Fisher
Phillips
,
there
is
no
federal
law
mandating
employees
be
given
time
off
to
vote,
but
28
states
and
the
District
of
Columbia
do
have
some
form
of
this
regulation.
North
Dakota
also
has
a
nonbinding
law
encouraging
employers
to
provide
time
off.


These
laws
differ
on
many
requirements

notifying
employers
of
plans
to
vote
or
compensation
for
time
spent
voting,
for
example.


Curious
about
your
state’s
broader
election
laws?



You
can
search
by
specific
topics
here. 



Here
are
the
states
where
employers
must
give
you
time
off
to
vote
[CNN]


Do
Your
Employees
Get
Time
Off
to
Vote?
A
State-By-State
Guide
for
Employers
[Fisher
Phillips]



Search
by
State
and
Topic
[Vote
411
/
League
of
Women
Voters]




Jeremy
Barker
is
the
director
of
content
marketing
for
Breaking
Media.
Feel
free
to email
him
 with
questions
or
comments
and
to connect
on
LinkedIn. 

Musk Gets Tossed Back To PA State Court In Lottery Case, Just In Time For Election – Above the Law

(Photo
by
Apu
Gomes/Getty
Images)

Elon
Musk
will
get
away
with
it.

The
world’s
richest
man
will
dole
out
several
more
thinly
disguised
bribes
in
an
attempt
to
sway
the
election
results,
and
he
will
face
no
consequences.
But
he
did
get
unceremoniously
chucked
back
to
state
court
by
Judge
Gerald
Pappert,
who
flicked
the
thin-skinned
billionaire
aside
like
a
bit
of
noxious
pet
dander
clinging
to
his
judicial
robes

which
is
something
anyway.

The
case
involved
a

civil
action

by
Philadelphia
District
Attorney
Larry
Krasner,
who
is
seeking
to
enjoin
Musk
from
engaging
in
an
illegal
lottery
through
daily
giveaways
to
registered
voters
who
sign
a
petition
pledging
“support
for
the
First
and
Second
Amendments.”

Musk
has
been
stumping
for
Donald
Trump
across
Pennsylvania,
donating
upwards
of
$130
million
to
support
the
former
president’s
campaign,
even
as
he
rails
against
interference
by
philanthropist
George
Soros.


Judge
Angelo
Foglietta
of
the
Philadelphia
Court
of
Common
Pleas
ordered
Musk
to
appear
in
Court
on
Thursday
morning,
but
by
then
the
case
had
been
removed
to
federal
court,
where
it
landed
on
Judge
Pappert’s
docket.


Musk’s

theory
of
jurisdiction

is
that,
while
the
DA’s
complaint
is
nominally
about
violating
Pennsylvania’s
consumer
protection
laws,
it
really
pertains
to
the
election,
and
thus
presents
an
important
federal
question.
He
made
an
equally
inscrutable
argument
that
the
DA
is
acting
in
his
personal
capacity
as
a
citizen
of
Pennsylvania,
and
thus
there
is
diversity
between
the
parties.
This
requires
ignoring


Moor
v.
Alameda
County
,
411
U.S.
693,
717
(1973),
in
which
the
Supreme
Court
held
that
“a
State
is
not
a
citizen
for
purposes
of
[]
diversity
jurisdiction.”
But
Musk
and
his
lawyers
are
up
to
the
task!

Last
night,
Krasner
filed
an

emergency
motion

to
remand
the
case
to
state
court,
pointing
out
that
the
amount
in
controversy
is

zero
dollars
,
because
the
only
relief
sought
is
injunctive,
and
noting
that
there
is
Third
Circuit
precedent
for
sanctioning
a
party
who
removes
a
case
without
any
objectively
reasonable
basis.
And
this
morning,
as
per
the
court’s
order,
Musk

responded

by
speculating
that
he

could

theoretically
be
fined,
and
so
the
court
should
simply
infer
that
the
case
meets
the
$75,000
federal
threshold.

Judge
Pappert

declined

to
make
such
an
inference,
remanding
the
case
to
state
court
because
there
is
no
federal
question
implicated
and
no
jurisdiction
for
his
court.
But
as
it
is
now
Friday,
it’s
more
or
less
impossible
that
Judge
Foglietta
will
schedule
a
hearing
and
enjoin
Musk
by
election
day.
And
so
Musk’s
gambit
to
delay
the
case
with
a
pointless
field
trip
to
the
Eastern
District
of
Pennsylvania
appears
to
have
worked.

Now
we
get
to
wait
and
see
whether
he
was
able
to
buy
enough
Pennsylvania
voters
to
put
Trump
back
in
the
White
House.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Chiwenga Wields Sword Of Damocles


Mnangagwa
Fears
The
Hanging
Sword

Zimbabwean
President
Emmerson
Mnangagwa’s
plan
to
stay
in
power
beyond
his
2028
constitutional
limit
to
2030
is
unravelling

collapsing

as
Vice
President
Constantino
Chiwenga
breathes
on
his
neck,
a
senior
Zanu
PF
official
in
the
Top
Four
told
The
NewsHawks
this
evening.

With
Chiwenga
wielding
the
sword
of
damocles
over
Mnangagwa’s
head,
denoting
constant
and
imminent
danger,
the
President
privately
told
Chiwenga
during
the
Zanu
PF
Bulawayo
annual
conference
in
Bulawayo
he
will
not
extend
his
rule.

Mnangagwa
publicly
says
he
will
not
cling
to
power
because
he
is
a
“constitutionalist”,
but
allows
his
political
allies
and
supporters
to
campaign
for
him
to
stay
on.

Last
week,
The
President
and
his
backers
secured
a
Zanu
PF
conference
resolution
to
hang
onto
power
and
amend
the
constitution
for
him
to
extend
his
reign
to
2030,
although
Patrick
Chinamasa,
party
legal
affairs
secretary,
said
Mnangagwa
will
have
to
give
express
approval
for
that
to
be
implemented.

Chinamasa
said
the
resolution
is
impossible
to
implement
if
Mnangagwa
does
not
approve,
indicating
it
faced
Mount
Everest
in
the
form
of
two
constitutional
referenda
to
execute.

However,
Mnangagwa
is
mainly
anxious
about
what
happens
the
day
after
retirement
given
a
grisly
record
of
abuse
of
office,
human
rights
abuses
and
corruption
under
his
watch

the
past
catching
up
with
him,
tje
official
says.

Mnangagwa
was
the
enforcer
of
the
late
former
president
Robert
Mugabe’s
rule
and
now
under
his
own
administration.

Chiwenga
and
his
military-backed
faction
are
currently
reminding
Mnangagwa
and
his
cabal
how
they
came
to
power

through
a
military

and
that
they
may
go
out
through
the
same
door
if
they
persist
with
their
political
maneuvring
for
an
extended
stay
in
power
or
to
decide
to
field
a
rival
candidate
to
Chiwenga
in
the
elective
2027
congress.

EMA ropes in army, police to enforce alluvial mining ban

The
government
initially
banned
riverbed
mining
in
August,
citing
the
damage
it
causes
to
water
quality,
river
channels,
and
ecosystems.

However,
at
this
year’s
Zimbabwe
Alternative
Mining
Indaba—held
under
the
theme
“Energy
Transition
Minerals:
Putting
Communities
First
for
Community
Development”—participants
expressed
concerns
over
the
lack
of
enforcement.

Cities
like
Bulawayo
have
seen
severe
impacts
on
water
sources
from
alluvial
mining,
and
EMA
has
launched
enforcement
measures
across
Zimbabwe’s
eight
provinces.

EMA’s
Manager
of
Environmental
Impact
Assessments
and
Ecosystem
Protection,
Fanuel
Kudakwashe
Mangisi,
stated
that
alluvial
mining
has
long
caused
widespread
environmental
damage.

“The
history
of
our
country,
we
have
had
episodes
of
alluvial
mining
that
date
back
to
2011
and
alluvial
mining
is
an
economic
activity
that
has
been
happening
in
almost
eight
of
our
rural
provinces.
Well
back,
it
used
to
be
on
small
scales
until
mechanized
alluvial
mining
took
place
around
2012-2013,
because
of
the
nature
of
mining
activities
that
are
taking
place
of
cause
we
have
environmental
problems
that
are
associated
with
alluvial
mining,
issues
to
do
with
general
land
degradation
as
well
as
water
pollution,”
he
said.

Mangisi
said
 some
of
the
miners
 process
their
mining
ores
and
then
sometime
they
discharge
their
processing
water
into
the
environment.

“There
is
also
reports
that
there
is
also
use
of
mercury
to
process
the
gold
so
this
end
up
affecting
our
river
systems
down
stream.
In
other
instances
there
is
even
diversion
of
water
Corses,
they
are
some
of
the
challenges
that
we
have
been
facing
as
a
result
of
alluvial
mining,
so
like
I
have
said,
we
have
heard
instances
where
alluvial
mining
was
banned
 because
of
environmental
challenges
that
I
have
talked
about.”

He
added,
“In
2014,
alluvial
mining
was
banned
under
SI
92
OF
2014,
the
issue
was
to
ban
alluvial
mining
because
of
environmental
challenges,
but
in
2018
alluvial
mining
was
allowed
under
certain
conditions
where
operations
where
to
be
done,
like
processing
was
suppose
to
be
done
like
500
meters
away
from
the
rivers,
but
we
still
experienced
the
same
challenges
of
environmental
degradation
and
water
pollution
where
even
the
mining
areas
were
not
rehabilitated,
some
of
the
pits
were
left
not
rehabilitated
and
even
the
issues
to
do
with
water
pollution
were
also
realised.”

Mangisi
said
In
2021,
there
was
promulgation
of
SI
 104
of2021
that
also
banned
alluvial
mining,
 “alluvial
mining
was
only
suppose
to
be
done
after
written
authorization
from
the
Minister
responsible
for
Environment,
during
that
same
time,
there
was
also
 a
cabinet
decision
that
was
made
to
allow
for
piloting
of
alluvial
mining.”

“There
were
three
companies
that
were
selected
to
do
alluvial
mining
in
terms
of
the
pilot
to
see
whether
we
are
able
to
do
proper
alluvial
mining,
so
 one
of
the
companies
did
the
pilot
project
in
Shurugwi,
Muteregwi
river
and
then
the
other
one
did
in
Mutare,
but
the
experiences
that
we
have
even
in
the
same
pilot
projects
also
indicated
the
same
 problems
that
we
have
heard
before
,
that
is
to
do
with
issues
of
land
degradation,
pollution
of
water
courses.”

He
said
in
the
current
situation,
Cabinet
made
another
decision
in
August
to
ban
alluvial
mining
and
what
is
currently
happening
is
the
enforcement
of
the
cabinet
ban
with
the
assistance
of
military
personnel.

“The
enforcement
is
being
done
with
the
assistance
of
different
stakeholders,
Ministry
of
Mines,
police,
army,
to
ensure
that
we
remove
those
who
are
doing
alluvial
mining
in
the
river
systems.”

“The
idea
behind
that
is
to
ensure
that
we
allow
the
rivers
to
regenerate
and
to
also
ensure
there
is
self
purification,
so
as
we
speak
right
now,
alluvial
mining
is
banned
and
EMA
is
part
of
the
Inter-ministerial
 and
stakeholders
who
are
implementing
the
cabinet
ban
on
alluvial
mining,”
said
Mangisi.

“This
is
being
done
in
all
the
provinces.
In
one
point,
the
Minister
of
Agriculture
chaired
a
meeting
with
other
Ministers
and
also
the
Provincial
Affairs
Ministers
were
also
in
attendance
and
it
was
then
agreed
that
the
Provincial
Ministers
with
then
co-ordinate
the
enforcement
of
the
cabinet
ban
within
their
provinces,
so
this
is
currently
happening
in
different
provinces
where
the
police
are
coordinating
the
enforcement
of
the
cabinet
ban
on
river
bed,”
he
said.

Zanu PF plans name changes on provinces, claims current ones divisive

BULAWAYO

Zanu
PF
has
passed
a
resolution
to
rid
the
country’s
provinces
of
names
given
by
its
erstwhile
white
rulers
before
independence,
arguing
they
were
inherently
divisive.

Zimbabwe,
for
administrative
and
identification
purposes,
is
subdivided
into
10
geographical
provinces
which
are
Harare,
Bulawayo,
Midlands,
Masvingo,
Manicaland,
Mashonaland
Central,
Mashonaland
East,
Mashonaland
West,
Matabeleland
North
and
Matabeleland
South.

Except
for
Harare,
Bulawayo,
Midlands
and
Masvingo,
the
other
provinces
are
named
according
to
ethnic
groups
predominantly
domiciled
in
each
one
of
them.

Zanu
PF
feels
the
continued
reference
to
the
regions
based
on
the
identity
of
occupant
ethnicities
was
divisive.


The
decision
to
rename
the
provinces
was
reached
at
its
annual
national
people’s
conference
in
Bulawayo
last
Saturday.

The
country’s
ruling
party
expects
its
conference
resolutions
to
be
implemented
by
different
government
departments
and
agencies.

Presenting
the
conference
resolutions,
Zanu
PF
Secretary
for
Legal
Affairs,
Patrick
Chinamasa
said
the
decision
was
inspired
by
the
desire
to
foster
national
cohesion.

“On
liberation
war
heritage,
the
party
directs
government
to
accelerate
renaming
of
provinces
and
do
away
with
colonial
names,
which
divide
the
nation,”
Chinamasa
said.

Reacting
to
the
party’s
resolution,
historian,
Methembe
Hadebe,
agreed
saying
the
naming
of
the
provinces
according
to
ethnicity
“was
part
of
the
colonialists’
divide
and
rule
antics”.

“It
was
a
programme
that
was
meant
to
make
people
not
see
themselves
beyond
their
ethnicity,”
he
said,
adding,
“Changing
the
names
of
the
provinces
will
create
national
pride
as
opposed
to
having
people
thinking
only
of
their
ethnicity.”

However,
a
United
Kingdom
based
Zimbabwean

Brian

who
preferred
to
be
referred
to
by
his
first
name
only,
felt
it
was
not
the
names
of
provinces
that
cause
divisions
but
the
attitudes
of
the
government
towards
the
country’s
regions
that
is
ruinous.

“This
is
much
ado
about
nothing,
honestly.
We
have
lived
with
these
names
for
more
than
40
years
and
I
did
not
see
anything
potentially
damaging
about
them.
I
stand
to
be
convinced.

“While
it
is
their
right
to
deliberate
over
trivialities,
I
still
feel
Zanu
PF
could
have
best
spent
their
precious
time
finding
solutions
on
how
to
bring
other
provinces
that
lag
behind
in
terms
of
development
at
par
with
the
rest.

“For
example,
Matabeleland
South
is
known
as
the
poorest
province
in
the
country.

“I
lived
in
the
province
for
decades
confronted
by
its
sorry
state
of
affairs
daily.
I
will
not
celebrate
a
sudden
change
of
name
when
there
is
still
no
sign
of
development
there.

“Surely,
a
resolution
on
how
to
scale
up
development
in
the
province
is
much
more
substantive
and
welcome
than
a
dull
discussion
on
changing
ink
on
administrative
letterheads
and
date
stamps,”
Brian
said.

Masimba Holdings awarded $200K Mbare market rebuild without tender


By
Costa
Nkomo

The
original
Mbare
Traders
Market
was
destroyed
by
fire
last
month,
affecting
over
4,500
traders
and
causing
millions
of
dollars
in
losses.

The
government
responded
swiftly,
promising
to
support
the
traders
and
to
develop
a
modern
market
infrastructure
aimed
at
enhancing
tax
revenue
from
local
commerce.

At
a
recent
post-cabinet
media
briefing,
the
Local
Government
Minister
described
the
fire
as
a
“blessing
in
disguise,”
creating
an
opportunity
to
build
improved
facilities.

Local
Government
Minister
Daniel
Garwe
handed
over
the
temporary
site
to
Masimba
Holdings
at
a
ceremony
attended
by
Information
Minister
Jenfan
Muswere,
Harare
Metropolitan
Province
Minister
Charles
Tavengwa,
Women’s
Affairs
Minister
Monica
Mutsvangwa,
Harare
Mayor
Jacob
Mafume,
and
several
city
councillors.

When
questioned
about
the
selection
process,
Mayor
Mafume
confirmed
that
no
tender
process
was
followed,
citing
the
urgency
of
the
situation.
“This
was
an
emergency,
declared
a
national
disaster
by
cabinet,
so
there
was
no
tendering.
The
focus
was
on
quick,
efficient
execution
to
avoid
delays,”
Mafume
explained.

Masimba
Holdings
Limited,
formerly
known
as
Murray
and
Roberts
Limited,
is
a
major
Zimbabwean
engineering
and
infrastructure
firm
serving
the
agriculture,
commercial,
and
transport
sectors,
among
others.

During
the
event,
Minister
Mutsvangwa
faced
backlash
from
traders
after
mentioning
that
approximately
US$2
million
circulates
daily
within
the
Mbare
market.

Cowdray Park community takes waste crisis into their own hands


By
Ndumiso
Tshuma

Maria
Lunga,
Chairperson
of
Cowdray
Park
Emakhandeni
Chapter
and
a
member
of
the
Zimbabwe
Human
Rights
Association
said
BCC’s
failure
to
collect
the
waste
regularly
has
led
to
heaps
of
illegally
dumped
rubbish
that
are
now
common
along
pathways
and
storm
drains,
posing
serious
health
risks
to
the
community.

“We
are
forced
to
live
amidst
piles
of
rubbish
because
BCC
service
trucks
don’t
pass
through
areas
where
waste
is
excessive
due
to
the
distance
from
main
roads,”
said
Lunga.

In
response,
Lunga
and
fellow
Cowdray
Park
residents
organised
a
community
clean-up
campaign
on
Wednesday,
aiming
to
address
the
waste
crisis.

“We
decided
to
take
matters
into
our
own
hands
since
council
trucks
don’t
reach
all
wards,”
she
explained,
noting
that
Ward
Six
is
particularly
neglected.

Supported
by
the
Environmental
Management
Agency
(EMA),
which
donated
cleaning
equipment
and
educated
residents
on
its
use,
and
BCC,
which
provided
a
truck
for
the
event,
the
community
mobilised
for
a
large-scale
clean-up
effort.

“With
EMA’s
assistance
and
BCC’s
support,
we
gathered
every
piece
of
litter
and
ensured
it
was
placed
in
the
city
council
truck,”
Lunga
added.

Thubelihle
Ncube,
a
community
engagement
officer
for
the
Zimbabwe
Human
Rights
Association
said
the
campaign,
themed,
“Shifting
Power
to
the
People”
encouraged
residents
to
voice
their
concerns
and
take
ownership
of
solutions
in
their
community.

“Our
role
is
to
empower
communities
to
recognise
and
protect
their
human
rights.
Cowdray
Park
residents
devised
the
clean-up
campaign
and
approached
us
for
technical
support,”
Ncube
explained.

Residents
took
steps
to
facilitate
waste
collection,
moving
trash
closer
to
accessible
roads.

“The
community
agreed
that
without
action,
the
litter
piles
would
become
a
long-term
disaster,
so
they
brought
rubbish
closer
to
the
roads
to
ensure
BCC
trucks
could
collect
it,”
Ncube
said.

Ncube
added
that
Cowdray
Park’s
ongoing
efforts
underscore
critical
service
delivery
issues—water,
electricity,
and
waste
management—that
are
increasingly
urgent
in
urban
areas.

“Our
role
was
to
offer
support,
but
the
people
of
Cowdray
Park,
together
with
stakeholders,
led
this
initiative.
Rights
to
peaceful,
clean
environments
are
always
at
the
forefront
in
urban
areas,
and
residents
are
now
actively
addressing
the
threats
to
peace
in
their
community,”
Ncube
concluded.

Mnangagwa: Britain should have compensated us first!


By
Costa
Nkomo

Speaking
at
the
Zimbabwe
National
Elders
Forum
at
State
House,
Mnangagwa
pointed
to
recent
apologies
from
former
colonial
powers,
including
the
UK’s
acknowledgement
of
the
Mau
Mau
in
Kenya
and
Germany’s
reparations
to
the
Herero,
Nama,
and
Mbanderu
peoples
of
Namibia.

As
his
government
prepares
to
compensate
former
landowners
for
enhancements
on
their
farms,
Mnangagwa
questioned
why
the
British,
who
originally
seized
the
land
from
Zimbabweans,
have
not
offered
similar
apologies
or
reparations.

The
ZNEF
seeks
to
leverage
the
knowledge
and
expertise
of
its
members
to
enhance
national
development
and
inform
policy
formulation.

“We
have
observed
that
former
colonial
powers,
like
the
United
Kingdom,
recently
apologised
to
the
Mau
Mau
of
Kenya,
and
Germany
has
also
expressed
regret
to
the
Mbanderu,
Herero,
and
Nama
people
of
Namibia.
Therefore,
we
ask:
when
will
the
rest
of
us
in
former
colonies
receive
similar
apologies?
We
wonder,”
he
stated.

His
comments
underscore
the
complex
and
often
overlooked
history
of
land
ownership
in
Zimbabwe.

Mnangagwa
added,
“While
my
administration
has
been
forthright
in
accommodating
compensation
for
former
white
farmers
regarding
improvements
on
the
farms
redistributed
by
the
state,
we
cannot
ignore
the
cries
of
our
people
for
justice.
Thus,
the
government
has
placed
substantial
value
on
the
journey
that
the
Elders
Forum
has
embarked
upon
through
this
proposed
study.
In
retrospect,
it
is
the
colonial
powers
that
should
have
compensated
Zimbabwe
first,
allowing
our
country
to
use
part
of
those
reparations
to
compensate
former
white
farmers
for
their
improvements.”

He
emphasized
that
national
healing
would
not
be
complete
without
the
empathy
extended
to
those
farmers.

Mnangagwa’s
remarks
resonated
with
the
Elders
Forum,
whose
Chairman,
Reverend
Felix
Mukonowengwe,
echoed
the
sentiment:
“The
people
who
were
removed
from
their
fertile
lands
have
not
been
compensated,
and
there
has
been
no
voice
to
say
we
are
sorry.
We
are
here
to
tell
Zimbabwe
and
the
world
that
these
people
must
be
compensated
somehow.”

While
Mnangagwa’s
government
is
making
reparations
to
white
farmers,
the
President
himself
appears
to
be
questioning
the
very
foundation
of
the
land
reform
process.

In
the
quest
for
national
healing,
the
complexities
of
history
and
the
lingering
grievances
of
the
dispossessed
demand
a
deeper
examination
of
the
injustices
that
have
shaped
Zimbabwe’s
land
landscape.