MDC vice-chairperson Tendai Biti and State prosecutor Michael Reza nearly exchanged blows in court yesterday after Reza accused the former of playing a role in the post-election violence that saw seven civilians killed by members of the army on August 1 this year, while the presiding magistrate clashed with the opposition leader’s lawyer Beatrice Mtetwa over the use of mobile phones in court.

BY DESMOND CHINGARANDE

Biti, who appeared before magistrate Gloria Takundwa, is facing charges of violating the Electoral Act for allegedly announcing that MDC Alliance leader Nelson Chamisa had won the presidential elections during the harmonised elections held in July this year. He is also facing another charge of border jumping.

“I am going to sue you for that! Did I shoot anyone? Why don’t you accuse the army?” Biti fumed.

Mtetwa asked the court for Reza to recuse himself from the matter, saying he was now conflicted after writing an affidavit accusing Biti of playing a hand in the killing of the people by the army.

“Your Worship, Reza, who in terms of the law, is supposed to be impartial, filed an affidavit and made averments that are a cause for concern and such averments cannot be made by an impartial prosecutor. Reza said Biti’s assassination attempt claim was only political grandstanding. He proceeded by saying the violence committed in the CBD [central business district], which claimed the lives of people, were carried out by MDC supporters. What independent prosecutor says that?”

But Reza told the court that Biti had raised political statements, which required a political response.

He further said Biti referred to a legitimate government as a “military junta government”, which is a derogatory expression.

Mtetwa urged Reza to recuse himself, accusing him of furthering the interests of his political masters and not of justice.

However, Takundwa postponed the matter to November 15 for ruling.

Takundwa then ordered everyone in the court gallery to stop using mobile phones during the proceedings, but Mtetwa objected, saying there was no law stopping people from using their phones in court.

“Surely, you cannot stop people from tweeting and sending messages unless you avail an Act that stops them from using their phones,” she said.

Takundwa then backed down and said the people in the gallery must not take pictures, to which Mtetwa concurred.

Biti, who is represented by Mtetwa, has filed an application at the High Court for a review challenging magistrate Francis Mapfumo’s jurisdiction and ruling after he alleged that he was abducted from Zambia, where (Biti) he had been seeking asylum after an “attempt” on his life.

But the State insisted on going to trial despite the pending High Court review.

Biti was denied asylum by the Zambian government after he tried to seek refuge in that country.

He claimed that he was abducted in Zambia by unidentified Zimbabwean men.

He said the abductors forced him to cross the border and arrested him. He told court that he was not running away from the police, but that his life was in danger.

MEMBERS of the military, who were deployed into Harare to quell demonstrations against Zimbabwe Electoral Commission (Zec)’s alleged failure to release presidential election results on time, were deployed illegally and violated provisions of the Public Order and Security Act (Posa), top police officers said yesterday.

BY BLESSED MHLANGA

Giving evidence before the public inquiry by a commission led by former South African President Kgalema Motlanthe into the August 1 shootings, which left seven people dead, police admitted that 62 soldiers deployed into the city were not under their command.

The soldiers, instead, operated under the direct command of National Reaction Force tactical commander Brigadier-General Anselem Nhamo Sanyatwe, who also commands the presidential guard.

Chief Superintendent Albert Ncube told the commission that although he was the one who had requested the reinforcements, he only got to know that his request had been granted when he heard gunshots in Harare’s central business district.

“I did not know that soldiers were in town by the time they were deployed. I only heard gunshots and on asking my officers on the ground, I then learnt that soldiers were on the ground and that they were shooting,” he said.

Ncube said under Posa, any member of the army deployed upon police request was supposed to report to the police commanders first and operate under their orders, but this did not happen in this case and he was unaware of who was commanding the troops.

“I should have known and briefed them of the situation on the ground … maybe they had other reasons for not reporting to me as the regulating authority and they found it prudent to do what they did,” he said.

The Police Commissioner-General Godwin Matanga also collaborated Ncube’s account, saying they had to cut corners and deploy the military without the knowledge of the regulating authority because there was no time to follow procedure.

“There was no time to meet and discuss … the normal process was not followed because there was no time because they wanted to burn the Zanu PF provincial office and over-run the Rainbow Towers, which I had upgraded to an international centre because it was housing international observers and was the headquarters of Zec. If that had happened, I was going to lose my job,” he said.

Matanga absolved the soldiers from having shot at the protesters, saying, instead, the six people confirmed by autopsy to have died from gunshot wounds consistent with AK-47 assault rifle bullets could have been shot by the military wing of the MDC.

“Our business people in town are armed. The Vanguard, a military wing in the MDC, is also suspected to be armed, so I can’t say the soldiers fired at the protesters. I am leaving the ends open as to who shot the protesters,” Matanga said.

According to medical records presented to the commission, a total of 22 victims were treated of gunshot wounds and discharged, while six died from gunshot wounds, one victim had his pelvis crushed with the butt of a gun, while a 14-year-old girl was run over by fleeing crowds.

Matanga told the commission that it was President Emmerson Mnangagwa who deployed the troops to assist the overwhelmed police officers and said he had a letter of authority to use the military from the President.

Matanga said if soldiers had shot any demonstrators, they would have done so in good faith because the demonstrators were riotous and were threatening to burn down the whole city.

He accused opposition MDC leader Nelson Chamisa of fanning the violence and said he had not acted to arrest him because he feared this could inflame the situation, but warned they planned to arrest him “soon”.

“He can be arrested any time soon, the evidence is there, the documents are there. Crime does not rot like meat. He will be arrested,” he said.

However, Zimbabwe Defence Forces Commander Philip Valerio Sibanda, said he received the order to deploy soldiers verbally from Vice-President Retired General Constatino Chiwenga and had not seen any orders from Mnangagwa.

“I saw a letter from Commissioner-General of Police to the Minister of Home Affairs (then Obert Mpofu), then a letter from the Minister of Home Affairs to the Minister of Defence (then Chiwenga), then a letter from Minister of Defence to the President requesting assistance from the army. I do not know if the President responded to the letter from the Defence minister. I assume there was verbal communication, I received orders from the Minister of Defence verbally to deploy the military to help the police,” he said.

Sibanda also said the MDC’s youth wing, The Vanguard, could have been behind the shootings because State security intelligence pointed to the fact that they have arms.

“We would have been out of our minds to shoot demonstrators while there were international observers and foreign journalists watching, that did not happen,” he said.

Giving evidence, Sanyatwe said from July 10, he had placed his troops on alert and that they were on standby after having gathered evidence that the MDC planned to make the country ungovernable and seize State House and strategic government buildings, including Munhumutapa, Zec head offices, Rainbow Towers and over-running Zanu PF offices.

Sanyatwe said in the morning on August 1, using the intelligence, he had deployed 10 armed police officers to guard the strategic areas in anticipation of the havoc, which finally ensued.

When the violence started, he said he deployed 62 soldiers and 16 police officers, who managed to restore law and order in under 90 minutes, a feat that 167 police officers had failed to do for the better part of the day.

He said his tactical team did not fire at demonstrators because they all ran away on seeing army trucks rolling in, except at one point when his soldiers were threatened by daring protesters who appeared to be ex-military in the ranks of the MDC.

“We fired warning shots and they dispersed, but at no point did we shoot at protesters because it’s a rule of thumb that you do not fire at unarmed civilians, even though they had turned from demonstrators to rogue elements,” he said.

Sanyatwe dismissed allegations by Ncube that he had violated the law by not submitting to his command, saying police officers had lost the plot, they were hiding in their offices and waiting for his men to save them from the demonstrators.

TOURISM players have pleaded with Treasury to review the 15% value-added tax (VAT) on foreign accommodation, the 2% transactional tax and duty exemption for car rental owners in order to make the country a cheaper destination ahead of the budget presentation next Thursday.

BY FIDELITY MHLANGA

Tourism Business Council of Zimbabwe president Tich Hwingwiri told a media briefing yesterday that the industry had made submissions to the Finance ministry seeking the extension of the duty-free import facility on capital goods to allow the industry to recapitalise.

“We had an opportunity to make recommendations in terms of what industry looks forward to in the upcoming budget. I think first and foremost is the issue of duty-free that we have been enjoying, we applaud government for that,” Hwingwiri said.

“The facility has been there, but the money has not been there for players to bring in capital goods. Our desire is that let it still remain. It will help the industry to recapitalise, as we present our products to the international community. We have to remain competitive.”

He added that the sector was asking government to put in place a revolving fund of at least $100 million with affordable interest rates.

“The second one is that we are saying is there a possibility of a revolving fund, where operators can come in and tap from with interest rates which are quite affordable and give them time to breathe? So we have put these recommendations to the minister and we hope that it will be practical. The third one is that of our car rental businesses. A lot of these have been exempted from these benefits, meaning they can’t enjoy the duty-free imports. We want our car rental business owners to come in and bring their cars duty-free,” Hwingwiri said.

The 2% transaction tax and the 15% tax on foreign accommodation was making Zimbabwe an expensive destination.

“There has been an issue of the VAT charged on foreign guest accommodation. We have spoken about that several times. We felt that it made our destinations quite expensive,” Hwingwiri said.

“Then on the 2% tax on transactions, what industry is simply saying is that we are a formal industry and we have continued to contribute to the fiscal and, yes, we know exactly who is targeted by the 2% transactional tax, (but) the more we are loading onto the cost structure, the more expensive our destination becomes.”

FORMER Zimbabwe Power Company (ZPC) chairperson Stanley Nyasha Kazhanje has been arrested on allegations of receiving a $10 000 bribe from controversial businessperson, Wicknell Chivayo so he does not cancel the 100 megawatt Gwanda solar project which had been awarded to the latter’s firm Intratrek Zimbabwe in unclear circumstances.

BY DESMOND CHINGARANDE

Kazhanje (48) was not asked to plead when he appeared before Harare magistrate Elisha Singano, who remanded him to November 27 on $100 bail.

The former ZPC chairperson, who is also a director of Terminal Engineers, a consultancy, was ordered to surrender his passport with the clerk of court and to report once a month to the police.

The State alleges that on October 23, 2015, Kazhanje signed an engineering, procurement and construction contract of a 100 megawatt solar panel station project with Intratrek Zimbabwe, fronted by Chivayo.

It is alleged Kazhanje failed to declare his interests. ZPC paid Intratrek advance payments of $1 236 154 for the implementation of the project. However, Intratrek did not fulfil its obligation and this resulted in ZPC management suggesting termination of the contract.

The State alleges on January 21, 2016, under unclear circumstances, Kazhanje received $10 000 into his Barclays Bank personal account from Intratrek’s CBZ Bank account.

Kazhanje, in his capacity as the chairperson of ZPC board, presided over a meeting in which it was resolved that the power utility pay for services direct to Intratrek subcontractors instead of terminating the contract.

It is alleged this resulted in ZPC paying $4 387 849 as advance payment despite that Intratrek had not fulfilled its obligation.

The State alleges that Kazhanje was influenced by this payment to decide in favour of Intratrek.

According to the State, Kazhanje failed to declare any interest upon his appointment as the chairperson of ZPC. It is alleged he failed to recuse himself from ZPC meetings that held deliberations on Intratrek.

Sheperd Makonde appeared for the State.

AFTER a successful two-month tour of the United States, all-female ensemble Nobuntu will officially unveil their new album — Obabes beMbube — next Saturday at the National Gallery in Bulawayo.

BY SHARON SIBINDI

Nobuntu

This will be the ensemble’s third album, which they said built on the success of Thina and Ekhaya, released in 2013 and 2015 respectively.

Group member Duduzile Sibanda told NewsDay Life & Style that the title was the colloquial version of “young women of mbube” — an assertion of Nobuntu’s position as a music force in a traditionally male-dominated genre.

She said the album was produced by Dumisani Ramadu Moyo, a founding member of the internationally-acclaimed mbube trio, Insingizi.

“The title track is about female mbube singers imploring a radio DJ, who usually airs a lot of male mbube, to include female mbube on their playlist. Nobuntu members all share a common goal to promote and preserve ubuntu, a Nguni word meaning compassion and humanity. In fact, the name Nobuntu means ‘mother of ubuntu’,” she said.

Sibanda said this will also be echoed in the song Umusa (Kindness), which recognises how kindness can bring healing when rifts develop among people.

The album also carries the tracks Cula (Sing), Asambeni (Let’s Go) and Silele, a traditional song that honours traditional healers, known as sangomas.

“Sangomas are revered as communicators between the living and ancestral spirits with the power to heal, to appease social disharmony and also bring the rain,” Sibanda said.

The album also carries the song Amazing Grace and a bonus track — Town Hall — composed by Hilda Buthelezi and originally performed by South Africa’s legendary Mahotella Queens.
The song honours women who, through their strength and great music talent, can move mountains and bring down a town hall.

FORMER Cabinet ministers Makhosini Hlongwane (Sport) and Supa Mandiwanzira (ICT) are both set to be summoned to appear before Parliament, where they will be quizzed over loans that were advanced to the country’s football governing body Zifa in 2016 and 2017, but were never repaid.

BY KUDZAI MUCHENJEKWA

Hlongwane was Sports minister at the time, while Mandiwanzira was Information Communication Technology (ICT), Postal and Courier Services minister, under which the Postal and Telecommunication Regulatory Authority of Zimbabwe (Potraz), which advanced the money to Zifa, fell.

The two will be asked to appear before the Parliamentary Portfolio Committee on ICT in a fortnight’s time.

Portfolio chairperson Charlton Hwende indicated that his committee would be pursuing the issue, which was first raised in the committee dealing with sport.

“The issue came from one of the sports committees and Potraz was mentioned. We have an official letter from the former chief executive officer of Zifa (Jonathan Mashingaidze) confirming that they had received $225 000, but the $1 million did not reach Zifa,” Hwende said.

“We intend to summon them (Mandiwanzira and Hlongwane) here because, obviously, these are public funds that must be recovered and we would want to find out the circumstances that led to this decision.”

Potraz advanced $225 000 to Zifa, which was used to charter a plane for the Warriors to fulfil their Africa Cup of Nations (Afcon) qualifying match against Guinea in Conakry in 2016.

Zifa had failed to raise money for air tickets and there was a possibility that the trip would be aborted.

The Warriors had already qualified for the 2017 Afcon finals in Gabon, but failure to fulfil that fixture would have seen them lose their place.

Just before the team departed for the finals, Potraz again advanced Zifa $1 000 000, which loan has raised a stink over the way it was processed.

It is also alleged that the money never reached Zifa coffers.

It is purported that the decision to advance Zifa the money was not made by the board, as the arrangement is said to have been made between the two former ministers.

Hlongwane is said to have written to Mandiwanzira requesting a bailout and the letter was copied to Potraz board chairperson.

Potraz director-general Kalisto Machengete indicated that the decision to release the money was not made by the board.

“The decision was not made by the board, but it was regularised by the board and the chairperson of the board was informed and copied with the letter,” Machengete said.

Early this year, Machengete told a media engagement workshop in Kadoma that his organisation had bailed out Zifa, but the football mother body had not paid back the loans.

“Let me make it clear here. Zifa, through the Ministry of Sport, approached us for help. We gave them from our own resources as Potraz, not from the Universal Service Fund (USF), but from our money as Potraz. The money is not a grant, but a loan and we entered into an agreement. We are pursuing it,” he said.

Potraz came to the rescue of Zifa after the Warriors had threatened to boycott their trip to Gabon over bonuses and allowances.

Zifa are hopeful that government would take over the debt as their coffers are empty.

WIDELY-TRAVELLED Afro-fusion group Mokoomba staged two free gigs in partnership with The Three Monkeys of Victoria Falls and The Smokehouse of Bulawayo over the weekend as a way of honouring their fans.

BY WINSTONE ANTONIO

It was the group’s first set of concerts after returning from their recent tour of Mexico and United Kingdom.

The group’s manager, Marcus Gora, told NewsDay Life & Style yesterday the free concerts, held in partnership with the venues, were meant to give an opportunity to those who had only heard of the band to watch them performing live.

“There are many people who have heard about our band but have not seen us perform. Some people shy away because they think our concerts are expensive and yet we have never been expensive or turned away anyone who wants to watch the band,” he said.

“Sometimes we do concerts where people pay what they want and you will be surprised to learn people actually pay more than what we normally charge because they appreciate the performance.”

Gora said they were planning to perform more concerts in different towns and cities so that more people could watch the band live on stage.

“I believe people should pay for concerts and buy music because that is the best way to support artistes, but once in a while, it is also good to give back and allow more people to come and see the concerts with the hope of converting them into paying customers,” he said.

Gora said 2018 has been a great year for them as they wrote another piece of history in their career when they were inducted into the Afro-pop Worldwide Hall of Fame for their contribution in bringing music from Africa to North American audiences.

Mokoomba, with their music rooted in the Tonga, Luvale and Nyanja rhythms and melodies have used their compositions to transcend borders and cultures as they continue to be recognised and celebrated across the world.

THE gloves are off in the opposition MDC as hawks plotting the ouster of leader Nelson Chamisa are reportedly unhappy that the party’s elective congress will be held in October next year, when they would have preferred an early congress to have the leadership mess cleaned up as a matter of urgency.

BY OBEY MANAYITI/BLESSED MHLANGA

Highly-placed sources said there was a clique in the opposition pushing for the ouster of Chamisa and replace him with party secretary-general Douglas Mwonzora.

“There are people within the party who are fronting Mwonzora as the next leader of the MDC. These are unhappy that congress has been moved and are now mooting to attack the party leader on social media and paint him as a dictator. We are acutely aware that this is the work of Zanu PF,” a source said.

The fight for the control of MDC appears to be at its peak, with Kuwadzana East legislator Charlton Hwende (MDC), claiming on Twitter at the weekend that MDC members opposed to the party’s elective congress October 2019 date were surrogate candidates sponsored by Zanu PF and war veterans.

“The MDC congress is due in October. This is determined by the date of our 2014 congress. Zanu PF and their surrogate candidate sponsored by the war veterans want an early congress to divert us from the agenda of marching to State House to defend the vote (for) @nelsonchamisa,” the legislator tweeted.

Last week, a letter purporting to have been authored by Mwonzora querying the October 2019 elective congress turned out to be a forgery.

In response, Mwonzora said: “Some political criminals have resorted to forging signatures of MDC officials. They have also been posting fake tweets, with the aim of creating tensions within party leadership and that will not succeed. I did not issue any statement regarding the party’s elective congress at all. The letter circulating on social media is fake.”

Soon after the contested July 30 general elections, Zanu PF showed its hand when war veterans secretary-general and Zanu PF central committee member Victor Matemadanda said the MDC would be in better hands if it was led by Mwonzora than Chamisa, whom they accused of being violent.

Mwonzora distanced himself from the statements, saying he did not need the endorsement of Zanu PF or war veterans, but his latest tiff with his bosses at the party over the expulsions of party members who stood in the polls as independents has set tempers flying.

Party spokesperson Jacob Mafume fingered Zanu PF, saying they were behind the plot to set the MDC leadership against each other by planting false narratives.

“We are aware of efforts by Zanu PF to use our congress to put Trojan horses of instability using dirty money. We want to assure our supporters that we are capable of emptying the Trojan horses’ way before they enter our gates at congress,” he said.

Chamisa, through his spokesperson Nkululeko Sibanda, insisted that congress would be held and party members would be allowed to make their choices as they elect officers of congress.

“Our constitution is very clear. Our congress is held after every five years. Our last one was in November and since the upcoming election is not about electing a new leader of the party, it’s not a special congress, but a congress that will elect all officers of congress. It will be held in October,” he said.

Zanu PF spokesperson Simon Khaya Moyo distanced his party from the MDC internal fights, saying they were not concerned about their squabbles.

“We are not interested in the fights by those boys. Talk to the people who are allegedly getting funding from us. We are not going to be drawn into their agenda,” he said.

MDC national chairperson Tabitha Khumalo, on the other hand, has indicated that she would protect party members from victimisation ahead of the party’s congress.

She said the recent wave of expulsions that gripped the party were ineffectual, as some provincial executives had breached the party’s constitution.

The party’s national council opened floodgates for victimisation of perceived enemies when a resolution was made that those who stood as independent candidates in the June 2018 polls must be brought to book or shown the door.

NewsDay understands that Chamisa could face stiff challenge from his deputy Elias Mudzuri or Mwonzora.

Mwonzora recently refused to sanction the arbitrary expulsions of party members, reportedly targeting delegates against Chamisa’s leadership.

“In terms of the MDC constitution, section 9:3, my role is to make sure that the party and the structures are healthy and so, if there is a grievance, let’s say at the branch level, there must be a disciplinary committee led by the deputy chair and they will deal with the issue,” Khumalo told NewsDay recently.

“If they find fault, they must make recommendations. Theirs is just a recommendation and they will pass it to the higher organ until it gets to my office. Their role is to recommend and not to resolve. I am the final person to make the decision.”

Khumalo also said she was happy with the manner the Bulawayo deputy mayoral position was handled, saying it was a sign of democracy at play. It is also understood that MDC partners holding influential positions could face a stiff challenge at the elective congress.

Chamisa recently made key appointments, including elevating party chairman Morgen Komichi to deputy president, together with Welshman Ncube.

He also appointed Mafume as party spokesperson, while Khumalo became chairperson.

Former People’s Democratic Party leader Tendai Biti was incorparated and elevated to party vice-chairperson.

Under the new MDC constitution, Chamisa was empowered to appoint his deputies only, but the other positions of spokesperson, chairperson and secretary-general are elected at congress.

Insiders said there was a scheme to contest the positions held by Biti, Mafume, Ncube and others who were viewed as Chamisa’s close allies.

“Chamisa appears to be on his way to win the post of president, but his allies are being targeted. They want to suffocate him and leave him as a sitting duck. So it’s going to be a tough call for the likes of Biti and others,” another highly-placed source said.

But Mafume said it was too early to make conclusions: “Congress is still some way off. The party is thanking supporters and voters for its victory in the past elections, regardless of the grand theft. We are also concentrating on fighting to reclaim that victory so the nomination process has not begun.”

He said the MDC was also aware that Zanu PF could be actively funding people to destabilise Chamisa’s party.

STATE-OWNED telecoms operator, TelOne, has been threatened with service disruption by critical foreign suppliers, who include West Indian Ocean Cable Company (Wiocc) and China-EximBank, among others, over an $18 million debt.

BY MTHANDAZO NYONI

According to a report from the chairperson of the Parliamentary Portfolio Committee on Information Communication Technology, Postal and Courier Services, Charlton Hwende, TelOne owes four critical foreign suppliers about $18 million.

“TelOne has been threatened with service disruption from critical foreign suppliers, who include Wiocc, TDM Mozambique, TCF and China-EximBank, who are owed $18 million,” the report said.

TelOne owes China-EximBank $500 000 in interest and repayment on the $98 million loan facility which funded the phase 1 National Broadband Project (NBBP).

“This arrear obligation is affecting plans for phase 2 of the National Broadband Project, which is set to expand and upgrade TelOne’s network,” Hwende said.

“Any disruptions of internet service by TelOne will have a catastrophic impact on government business and the economy at large. Such a disruption will have a damning effect on the country’s communications systems, national security, TelOne’s reputation and the effect on the economy at large cannot be overemphasised,” he said.

Hwende said if the challenges are not addressed, there would be lost revenue of more than $20 million, as there would be no materials to complete connections.

The committee recommended government to prioritise foreign currency allocations to the telecoms sector and TelOne, in particular, being the national carrier.

Hwende said TelOne’s balance sheet was in a technical insolvency position due to legacy loans of $380 million, which were inherited from the Post and Telecommunications Corporation era.

“The legacy loans are affecting the partial privatisation programme as the company may fail to attract investors due to the legacy loans and the resultant technically insolvent balance sheet. Company profitability continues to be eroded by exchange losses and loan interest arising on these loans,” he said.

“The company balance sheet is unattractive to investors as a result of these loans and this may have an impact on the company’s partial privatisation plans. Profitability will continue to be eroded by the legacy loan interest and exchange differences.”

Hwende said government debtors of $98 million contribute 58% of the company net debtors’ book. Government owes TelOne $73 million, while parastatals owe $25 million.

“This is leading to crippling liquidity problems for TelOne, as the company is now failing to service local creditors such as Zimra [Zimbabwe Revenue Authority], Potraz [Postal and Telecommunications Regulatory Authority of Zimbabwe], interconnect partners and pension fund. Business operations are being seriously threatened as a result of resultant liquidity problems,” he said.

Hwende said TelOne has been charged $10,9 million in penalties and interest by Zimra despite government owing TelOne more.

“Company profitability is compromised. TelOne would approach breaking even without these costs,” he said.

THE depth of corruption is astonishing that even those that have ranked Zimbabwe highly, regionally and internationally, should be ashamed of themselves for doing a disservice to the people of this great nation.

Editorial Comment

We report elsewhere in this issue of “corruption” allegations levelled against Mines minister Winston Chitando at Hwange Colliery.

Hitherto, seen as one of a few untainted technocrats in government, Chitando’s alleged shenanigans make disturbing reading.

Indications that Chitando, viewed as “unsoiled” and coming from a key economic sector, has been involved in murky dealings at the State coalminer, must have left a sour taste in President Emmerson Mnangagwa’s mouth.

We believe this is just symptomatic of what we have become as a people: Rotten from head to toe! While Chitando must be given the benefit of doubt, the fact that he has, for weeks now, declined to comment on these accusations, which have since been brought before Parliament by a forensic auditor, raises many a question.

NewsDay, a few weeks ago, wrote to Chitando asking questions around his association with shadowy dealer Shepherd Tundiya, but the minister chose to remain mum despite initially having requested for questions in writing and promising to respond.

Now, would we be wrong to suspect that his prayer has been for this issue to die a natural death? Unfortunately for him, the chickens have now come home to roost. The genie is out of the bottle and now the question is: What is to be done?

The best Chitando can now do for the sake of our country is to resign before he does more damage to brand Zimbabwe, which is trying to find its rightful place among the family of nations.

The sprucing up of Zimbabwe’s image, battered by years of nepotism, corruption and greed under former President Robert Mugabe’s rule, does not need any further soiling from tainted individuals like Chitando.

Of course, the Mines minister must be given his day in court to answer to the allegations, but away from government.

How does Chitando stand before prospective investors at international fora to proclaim that Zimbabwe has turned the corner and was now vigorously fighting graft?

For Mnangagwa, it should be a very difficult time. He, surely, must be feeling hemmed, but he has to be decisive and let go of Chitando to send a clear message that despite 50 years of serving under Mugabe, he wants a clean administration.

Maybe, we are expecting too much from the man, but all hope is not lost. Maybe he will shame us all!

POLICE say they are still clueless as to the identity of people who shot and killed six unarmed civilians in post-election violence on August 1, but warned they would soon arrest MDC leader Nelson Chamisa for allegedly inciting his supporters and ordinary Zimbabweans to protest.

by BLESSED MHLANGA

Appearing before the Commission of inquiry into the August 1 violence, acting officer commanding (crime) Harare, Detective Chief Inspector Edmore Runganga said the police thus far did not have any suspects or leads on who shot and killed the six.

“We have not made any arrests in relation to the death of the six people. We have not yet established what caused their death although we now have post-mortem reports which indicate that the deaths were caused by projectiles from firearms. We don’t know the exact place of shootings because there are no witnesses,” he said.

Pressed by Commissioner Lovemore Madhuku to explain if they had any suspects or leads on who had shot dead the six, Runganga said they had only questioned MDC activists arrested in connection with the demonstrations and had no other suspects.

“We only asked those MDC guys who we had arrested on charges of public violence if they knew anything on the shootings, and they did not know anything. But so far, we don’t have other suspects in connection with the shootings,” he said.

Runganga said despite not having any suspects and leads on the shootings, they had now elevated their three-month long investigation to a full-scale
murder investigation.

“Now that we have the post-mortem reports, we are now treating it as a murder case,” he said.

The police suspected the dead could also have been shot by business people or the military wing of the MDC, who they suspected to hold small arms.

Runganga was left clutching at straws when Commissioner Rodney Dixon challenged him to explain how small arms could have caused the death of the six when post-mortem results show the bullets were from high velocity weapons, in the nature of rifles.

Reporting on the progress of investigations, Runganga, who blamed the MDC for the post-election violence, said they had managed to arrest 41 opposition party activists, who have since appeared before the courts.

“So far, we have investigated the assault on people who reported. We also investigated the malicious damage to property involving various vehicles and shops that had been damaged. We are also investigating the incident in which six people died,” he said.

“The 41 who we arrested were demonstrators who committed the crimes we are talking about. The majority belonged to the political party, for example, Tendai Biti. He is a leader of a political party, Jim Kunaka is linked to a political party. So we concluded that they belong to MDC Alliance.”

On Chamisa, who is accused of having incited violence prior to and after the elections, Runganga said the police were looking to arrest him soon after investigations were completed.

“We have not made any arrests of people who were inciting violence prior to the elections because we are investigating to try and have concrete evidence on how they incited the violence. Once the investigations are complete, they will definitely be charged for inciting violence, as defined by section 187, as read with section 36 and 37 of the Code,” he said.

Earlier, Zimbabwe Electoral Commission chairperson Justice Priscilla Chigumba blamed Chamisa for inciting his supporters to be violent and placed the blame of the August 1 shootings on his shoulders.

She said the actions of Chamisa were appalling and had been reported to the police, who were yet to take action.

Chigumba, however, condemned the army for using live ammunition against unarmed civilians. She said live ammunition could only have been used as a last resort.

The army has, however, denied shooting anyone during the operation where they deployed 62 soldiers as part of the National Reaction Force led by Brigadier-General Anselem Nhamo Sanyatwe, to quell the protests which had allegedly turned violent.

The soldiers, armed with whips, AK 47 assault rifles and baton sticks managed to restore order in the central business district within just 90 minutes.

A FORENSIC auditor engaged by Hwange Colliery to investigate financial impropriety has fingered Mines and Mining Development minister Winston Chitando, who he said was likely in cahoots with shady characters and was stealing coal from the struggling miner.

by VENERANDA LANGA

Reynolds Tendai Muza, a forensic auditor and investigator with Ralph Bomment Greenacre and Reynolds, on Monday asked Parliament to invoke the Prevention of Corruption Act in order to investigate Chitando and Shepherd Tundiya, who was allegedly masquerading as a State spy agent and using President Emmerson Mnangagwa’s name to kidnap and threaten Hwange Colliery board members.

The forensic auditor suspected that Chitando was linked to a company from his constituency in Gutu, which was transporting the bulk of the coal in Hwange.

“There is a company whose head office is in Gutu, and it is probably the largest haulage company ferrying coal to the mine,” Muza said.

“As an investigator, I found that this company, Inducto Save, is doing 68% of its work in Hwange and I wondered why it is based in Gutu. Its directors are named as Solomon Matsa, whose address is given as residing in South Africa, and another director, Shelter Madanhire. And Inducto Save headquarters is PO Box 119, Matsa Stores in Gutu. But further investigations show that these people are based in South Africa.”

Muza said it was shocking that at Hwange Colliery, several companies performed incompatible functions of loading coal instead of the company repairing conveyor belts, which will cost them $2 million and save money.

“Loading of coal is being done by a company called Feel Cool Investments, which is directed by Wilfred Tundiya (Shepherd Tundiya’s brother), and another company that loads this coal using front end loaders on contract called AVIM whose directors are Tundiya (Shepherd) and someone else,” he said.
Muza said Hwange Colliery received directives from Tundiya.

“Feel Cool and AVIM are linked and are doing the lifting of the coal into the trucks and delivering it to other places without using weighbridges. It creates room that while Hwange is mining, someone is eating their produce because the ICT systems at Hwange are not functioning properly, and there is no completeness of records,” he said.

Muza said documentary evidence showed that Tundiya’s companies were looting coal from Hwange.

“Tundiya’s companies are stealing coal. Some of the findings right now is that Tundiya owes Hwange Colliery $481 000 in advance payments for coal that was never delivered,” he said.

“When Tundiya was busy stealing coal at Hwange Colliery, Chitando was still the board chairperson of Hwange. He even passed a board decision that Tundiya must be given more business so that he is empowered to pay back the $481 000 he owes.”

The investigator told MPs that the relationship between Chitando and Tundiya now needed further investigation.

“There is need for a forensic investigation under the Prevention of Corruption Act which will be focused on Chitando and Tundiya, because if the investigation is done under this Act, it can even be focused on their families, as well as the investigations on the death threats to the company secretary Allen Masiye and internal auditor Gilbert Mudenda,” he said.

He alleged Tundiya masqueraded as someone connected to Mnangagwa as well as a CIO to instil fear to Hwange Colliery bosses.

Muza said a lot of coal had been stolen from Hwange Colliery by so-called transporters due to weak ICT and security systems.

“On January 2018 the opening stock of coal was 16 015 tonnes, and then they also mined 48 905 tonnes of coal which means that the mine had not sold anything and they were supposed to have a stock pile of 64 920. However, when the surveyor went to do stocktaking he established that there was only 23 438 tonnes left,” he said.

“Of the coal which was ferried, Inducto Save ferried 68,59% of the coal. Hwange Colliery needs $2 million to repair conveyor belts and $2 million to repair the continuous miner, but it looks like someone was interested in seeing trucks ferrying the coal instead of conveyor belts.”

BY RICHARD CHIDZA

AFRICAN governments led by South Africa are fighting tooth and nail to stop the passing of a resolution by the Kimberly Process to expand the definition of “conflict diamonds”, it has been learnt.

Civic society groups are pushing for the adoption of the resolution that activists argue will force African governments to prioritise human rights in the mining sector.

In a statement early this week, World Diamond Council (WDC) president Stephane Fischler said civil society groups would support the resolution.

The WDC and the Civil Society Coalition (CSC), of which Zimbabwean groups Centre for Natural Resource Governance (CNRG) and the Zimbabwe Environmental Lawyers Association (Zela) are members, have put their support behind the resolution.

“The proposal, put forward by the government of Canada, looks to strengthen the scope by expanding the KP’s official definition of what constitutes conflict diamonds.

“The reforms require all industry participants to respect human rights in accordance with the UN Guiding Principles on Business and Human Rights, as well as encourage stronger industry understanding about the Organisation for Economic Co-operation and Development (OECD) Due Diligence Guidance,” Fischler said.

According to Fischler, the proposal put forward by leading KP members seeks to include in the definition of conflict diamonds, “rough diamonds used by public security forces or private (including criminal or mercenary) armed groups to acquire wealth through the illegal control, bribery, taxation, extortion or dispossession of people”.

It would also include rough diamonds “acquired through systematic and widespread violence, forced labour, the worst forms of child labour, or through violations of international humanitarian law”.

Zela acting director and CSC global coordinator Shamiso Mtisi, speaking from Brussels, said the move could result in Zimbabwe’s gems being labelled conflict diamonds.
“It means, if Zimbabwe’s State security or private security apparatus are involved in systematic or widespread violence, then (our) diamonds could be embargoed and considered conflict. But it will not be every individual case of violence or abuse that will qualify. The resolution remains contentious and there is no agreement within the KP,” said Mtisi yesterday.

CNRG director Farai Maguwu concurred, but argued African governments were scared of reform.

“Chances of the resolution being passed are slim, given the frantic resistance from African governments led by South Africa. There is palpable fear that if the resolution is passed, it could affect diamonds from the continent, given most of the regimes have checkered human rights records, especially in the mining sector,” Maguwu said.

“As for Zimbabwe the effect is that Marange diamonds will be affected, given the continuous environmental degradation and the ongoing human rights violations. But it will also give government a chance for reform and make sure the people of Marange are safe, while mining companies are held to account.”

As part of reforms to strengthen the KP, the United States has also put forward principles ‘for responsibly sourced diamonds” to cover human rights, community development, health and labour standards, environmental impacts, and the combatting of corruption, terrorism and organised crime, with support from the CSC.

GOVERNMENT has proposed the establishment of a Foreign Currency Utilisation Monitoring Mechanism to monitor companies that receive foreign currency from the central bank.

EVERSON MUSHAVA

Addressing a Press briefing after the Cabinet meeting on Tuesday, Information minister Monica Mutsvangwa also called on the Reserve Bank of Zimbabwe to urgently assist the packaging industry whose products were affecting the prices of most goods in the market.

Mutsvangwa said although the supply of goods in the market was stabilising, government was concerned that the prices were still too high and that some companies, particularly pharmaceuticals were still demanding payment of their goods in hard currency.

“Going forward, Cabinet resolved as follows; that a Foreign Currency Utilisation Monitoring Mechanism be created to monitor those companies that are receiving foreign currency,” Mutsvangwa said.

“That the RBZ should urgently assist the packaging industry as it is affecting the prices of most products.”

The proposal comes after reports of abuse of foreign currency by some companies, resulting in shortage of commodities.

“Efforts will be taken to scale up engagements between government and players in the pharmaceutical industry to come up with a mutually agreed solution. The ongoing efforts to boost medical supplies involving government-to-government agreements with India, manufacturing and other financial facilities should be expeditiously concluded,” Mutsvangwa added.

Government also said it was worried that the prices of commodities were still high, although supplies had improved since the lifting of import restrictions.

Mutsvangwa also said government would reinforce the country’s road traffic regulations through the use of integrated traffic management systems and increased highway police patrols, and would require drivers of public transport to undergo defensive driving and retesting after every two years.

This follows a head-on collision of two buses in Rusape that claimed 50 lives while over 70 were injured.

AN adopted son of the late Libyan ruler, Muammar Gaddafi, Abhallha Mone Moussa Moummare, is now considering seeking political asylum in Zimbabwe after spending three years in remand prison without trial, his lawyer has said.

BY XOLISANI NCUBE

Charles Warara, the attorney recently engaged by Moummare to challenge his continued stay in prison without trial, said his client was considering seeking asylum or being deported to a safe country as Libya continued to be in perpetual war crisis.

“He is still looking at options and among the options available was to seek asylum or that he be taken to a country which would agree to keep him for safety. We shall be filing soon after considering all available options,” Warara said.

Gaddafi was deposed from power and killed in 2011 after the popular Arab spring which swept across the Arab region, including Tunisia.

In July this year, the adopted son of the late ruler approached the High Court on a self-representation basis, challenging his continued detention before Warara stepped in to assist him.

Initially, the Libyan had wanted to be treated as a refuge, but now he intends to get asylum so that he could settle in Zimbabwe and restart his life.

According to his handwritten High Court application, which was forwarded to Warara for legal assistance, the slain Libyan leader’s son said he came to Zimbabwe because his father had a good relationship with the country’s leadership.

“I left the county Libya after the assassination of my father in 2011 to seek asylum and protection in Zimbabwe due to the good relationship between Libya and Zimbabwe,” he wrote in the application.

He said when he arrived in the country in April 2014, he presented himself to authorities with the hope that he would be taken to a refugee camp, but instead, he was taken to the remand prison. No charges, however, have been levelled against him to date.

The trial of former Energy minister Samuel Undenge, who is facing allegations of corruption, was yesterday moved to November 19 due to non-availability of the State’s last witness.

BY DESMOND CHINGARANDE

While seeking a postponement before magistrate Estere Chivasa, prosecutor Zivanai Macharaga said their last witness, only known as Engineer Chiwara, was out of the country.

Chiwara was named in court as the official who received an instruction from former Zimbabwe Power Company (ZPC) managing director Noah Gwariro to transfer $200 000 into Wicknell Chivayo’s Intratrek Zimbabwe’s CBZ Bank account.

Gwariro said former Finance minister Patrick Chinamasa also directed him to deposit Chivayo’s money through the same bank.

Allegations are that sometime in 2013, ZPC advertised a tender for the installation of a 100-megawatt solar power plant in Gwanda.

The tender was awarded to a Chinese company, China Jianxi, at a cost of $183 million.

Chivayo also participated in the tender with a bid of $248 million, which was the third lowest.

The State alleges Undenge interfered with tender processes and directed Gwariro to award the tender to Chivayo at a cost of $172 848 597.

It is alleged on October 23, 2015, ZPC acted on the misrepresentation and signed a contract with Chivayo for implementation of the project.

ZPC allegedly released $5 607 814,24 into Intratrek’s bank account for the project to take off.

Chivayo allegedly did not implement the project, but converted or transferred the money into various individual and company accounts.

The State alleges Chivayo was also authorised by the Reserve Bank of Zimbabwe to load $849 479 into his visa cards for importation of earthmoving equipment from the United States.

However, it was alleged Chivayo failed to notify the Exchange Control Authority of all material particulars relating to the importation of said equipment into Zimbabwe and nothing was imported.

ZPC suffered prejudice of $5 607 814,24 and nothing was recovered.

HARARE mayor Herbert Gomba on Tuesday evening said five-year-old Tayambutswa Mufudza, who miraculously survived a fall from the sixth floor of Trafalgar Court in Harare three years ago, will be among beneficiaries of the 2018 Mayor’s Christmas Cheer Fund.

BY TAFADZWA KACHIKO

Gomba was speaking at the launch of a book titled The Miraculous Story of Tayambutswa, which captures the incident and the girl’s near-miraculous recovery, which stunned local medical doctors.

“Zimbabwe has witnessed a lot of pseudo miracles. Here I have seen a real miracle. Tanya’s story is evidence that Jesus is still alive. We will come back to Tanya and see how we can send her to school. The Cheer Fund will look after her schooling from primary to secondary school and if another miracle happens we will send her to university,” he told guests at the book launch held at Harare City Library.

The mayor said he will engage the city’s director of housing, Addmore Nhekairo, and have a residential stand availed to Tayambutswa.

Zanu-PF legislator for Buhera South, Joseph Chinotimba, who was also a guest of honour, pledged $500 to the family.
Chinotimba likened Tayambutswa’s survival to the bliblical story of Misheck, Shadreck and Abednego where the three survived after being thrown into the fire by enemies.

Tayambutswa’s mother, Chipo Mutongi, who co-authored the book with NewsDay columnist Learnmore Zuze, said she was humbled by the support.

“I am in state of shock. I am actually running out of words. God has done me wonders. Honestly speaking I don’t deserve it…. I have just found favour in the sight of God and man,” she said.

“I am really surprised and grateful that Tayambutswa’s primary and secondary education will be catered for.”
Mutongi revealed that there were plans to establish the Tayambutswa Foundation that would support children with multiple disabilities.

The first copy of the book was auctioned for US$200.

The launch was also graced by Bishop Oliver Chipunza, educationist and professor James Kurasha, gospel musician Mechanic Manyeruke and Angela Davis from the United Kingdom.

MDC leader Nelson Chamisa says he is unfazed by threats of arrest by the police and will continue to do his party work as usual.

By Everson Mushava

This comes after the acting officer commanding (crime) Harare, Detective Chief Inspector Edmore Runganga early this week told the commission of inquiry into the August 1 shootings led by former South African President Kgalema Motlanthe that the police would soon arrest Chamisa for allegedly inciting his supporters and ordinary Zimbabweans to protest.

Runganga said police were still clueless on who was responsible for the shooting that claimed six lives when members of the Zimbabwe National Army fired live ammunition in a bid to quell post-election violence, but plan to arrest Chamisa for “causing” the demonstrations.

Police Commissioner-General Godwin Matanga also told the commission that the police planned to arrest Chamisa “soon”.
“He can be arrested any time soon. The evidence is there, the documents are there, crime does not rot like meat, he will be arrested,” he said on Monday.

But Chamisa retorted yesterday, telling NewsDay that his hands were clean.

“I have clean and harmless hands. I am, however, equally concerned that police want to link my statements at rallies and calls for electoral reforms to the violence that occurred on August 1,” Chamisa said.

“My statements are known and are in the public domain and they are not in any way related to the unfortunate development of August 1.”

Chamisa’s spokesperson Nkululeko Sibanda also said his principal was not moved by the threats of arrest and would continue with his work as the leader of the party.

“He is not moved. He will continue to do what he knows best,” Sibanda said.

Earlier on while making a presentation at Hudderfield University in United Kingdom on the History and Outcomes of World Tyrants, Sibanda said Mnangagwa would have crossed the Rubicon if he arrests Chamisa.

He said Mnangagwa was one of the many world leaders who have resorted to use of violence, torture and harassment on opposition supporters.

Sibanda said threats to arrest Chamisa all but show that Mnangagwa wants to maintain his position in that “premier league”.

He said Chamisa was briefed three months ago that Mnangagwa was planning to nail innocent people for his political gains.

“Even by Mnangagwa’s own standards that he set throughout his life, of impunity, disrespect of the law, he will be crossing the Rubicon if he decided to arrest president Chamisa,” Sibanda said.

“He will be crossing the Rubicon. He will certainly be visiting no-man’s land to be so reckless as to arrest the leader of the largest opposition political party in the country.”

Sibanda said Chamisa had always committed to dialogue, not violence, and would not be deterred by threats, especially when he knows he hasn’t committed any crime.

. . . Lone Star ruled out of decisive match

WARRIORS’ quest to book a ticket to next year’s Africa Cup of Nations (Afcon) finals has received a major boost with news that Liberia, their weekend opponent, has been weakened by an injury to their Norway-based star striker Sam Johnson.

BY HENRY MHARA

Zimbabwe play the Lone Stars in a Group G qualifier at the Samuel Kanyon Doe Sports Complex in Monrovia on Sunday, with the Sunday Chidzambga-coached side needing just a point to secure their qualification to the Afcon finals set for Cameroon in June next year.

The Warriors squad is expected to assemble in Monrovia today ahead of the game, having flown into the Liberian capital direct from their bases across the globe.

They arrive to good news that they will face a stricken host, who will be without hitman Johnson who picked an injury while playing at his Norwegian league team Vålerenga.

Johnson, fourth on the race for the golden boot award in the Eliteserien, suffered a knee injury last week, and has been ruled out for three weeks.

“I am frustrated to be out of Sunday’s game because it is the most important game for us. A win for us will strengthen our chances of qualification for the Nations Cup. I want to play at the Nations Cup, and to do that, we have to win, but I am not part of what we started. They beat us away and now it is our time to beat them,” Johnson said.

Johnson is one of the many changes that Lone Star coach Thomas Kojo has made to the team that was massacred by the Warriors 3-0 in the group’s opening qualifier last year.

Unlike in that match played in Harare on October 16, when they fielded a squad largely made up of local-based players, Kojo has since assembled what appears a strong team incorporating foreign-based stars, and they have been getting some good results, especially at home.

Liberia held the Democratic Republic of Congo (DRC) 1-1 before posting a 2-1 win over Congo Brazzaville, a result that resurrected their campaign.

Other notable inclusions are William Jebor of Wydad Casablanca in Morocco, Anthony Laffor of Mamelodi Sundowns and Boison Wynney of RCD Mallorca B in Spain.

Newcastle United Under-23 midfielder Mohammed Sangare is expected to make his debut for the Lone Stars in this match after securing a Liberian passport.

“The players are determined to fight to the end and get all the three points. I believe in everyone and in the team’s ability, so without me, we can still win,” Johnson added.

Liberia lost all their two away matches of the campaign to Zimbabwe and Congo Brazzaville, but have picked four points at home, and would be looking for maximum points on Sunday to bring their campaign back on track.

But they are facing an unbeaten Warriors side that has been excellent in this campaign, and are just one point away from booking their place at the finals.

Zimbabwe top Group G with eight points, three clear of second-placed DRC, while Liberia and Congo Brazzaville have four each, with two rounds of matches left. The top two teams from the group qualify to the Afcon finals.

Chidzambga requires a point from the two matches, but has picked his best squad for the Sunday match, hoping to wrap up the campaign with a home game against Brazzaville to spare.

Captain Knowledge Musona (pictured), who missed the last Warriors match, a 1-1 draw against DRC due to suspension is back in the fold, as is defender Alec Mudimu, who was also unavailable due to the same reason.

The prolific Musona, who scored his first international goal against Liberia in Monrovia eight years ago, is once again expected to lead his team’s attack. Fellow strikers Evans Rusike and France-based Tino Kadewere, who missed the team’s recent matches due to injuries, also return.

Also making a return to the national team fold is former captain and Kaizer Chiefs hardman, Willard Katsande, who came out of international retirement. Nottingham Forest defender Tendayi Darikwa misses out due to suspension.

Dynamos goalkeeper Simba Chinani is the only player that has been dropped from the travelling squad.

The Warriors are expected to assemble in Monrovia today after almost all the foreign-based players were instructed to fly straight to Liberia.

Only Kadewere flew first to Harare from Paris and will join the Warriors’ technical team, two locally-based players Kevin Moyo and Rodwell Chinyengetere, who were expected to depart for the West Africa nation last night.

Warriors squad

Goalkeepers: George Chigova (Polokwane City), Edmore Sibanda (Witbank Spurs)

Defenders: Alec Mudimu (CEFN Druids), Ronald Pfumbidzai (Bloemfontein Celtic), Teenage Hadebe (Kaizer Chiefs), Kevin Moyo (FC Platinum), Marshall Munetsi (Orlando Pirates)

Midfielders: Willard Katsande (Kaizer Chiefs), Tafadzwa Kutinyu (Azam), Ovidy Karuru (Amazulu), Talent Chawapiwa (Baroka), Marvelous Nakamba (Club Brugge), Khama Billiat (Kaizer Chiefs), Knowledge Musona (Anderlecht), Rodwell Chinyengetere (FC Platinum)

Strikers: Evans Rusike (SuperSport United), Knox Mutizwa (Lamontville Golden Arrows)