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January 2008


A Zimbabwe High Court judge on Wednesday dismissed an application by Briton Simon Mann to stop his extradition to Equatorial Guinea where he faces charges of plotting a coup in the West African country. Justice Rita Makarau, also dismissed Mann’s application to have the case referred to the Supreme Court. Makarau did not give reasons for the judgment that was delivered late yesterday afternoon. Mann’s lawyer, Jonathan Samkange, told reporters yesterday that he was going to file an urgent appeal against both rulings at the Supreme Court this afternoon. “I will appeal against both judgments. I am disappointed because this was a political decision as opposed to a judicial one. I believe this case should have gone in Mann’s favour,” said Samkange. The defence lawyer said yesterday’s judgment was prepared by Bharat Patel when he was still a High Court judge before his appointment last November as acting Attorney General. Samkange said Mann’s appeal should be dealt with afresh before a new judicial panel as Patel could not “act as both prosecutor and judge in his own court and in his own cause.”

An officer from the Attorney General’s office is representing Equatorial Guinea in the matter and reports to Patel who in turn liases with his counterpart in Equatorial Guinea. As AG, Patel is a member of President Robert Mugabe’s cabinet and an ex-officio of the Zimbabwean parliament. Mann, a former member of Britain’s Special Air Service, has been languishing at Chikurubi prison outside Harare waiting for his case against his extradition to the West African country to be dealt with at the courts. The British national has already served his full sentence after he was convicted in 2004 for breaching Zimbabwe’s immigration and firearms laws. Mann together with over 60 others were arrested at Harare international airport in 2004 while allegedly on their way to stage a military coup against President Teodoro Obiang Nguema Mbasogo. He denies the charge. Mann’s lawyers have said he faces severe torture and will not have a fair trial in Equatorial Guinea because his case is political.

(Source)

President Thabo Mbeki will brief his fellow southern African leaders later this week about the state of his attempt to mediate a new political dispensation in Zimbabwe. Mbeki will meet the leaders of SADC at the African Union summit which starts tomorrow in Addis Ababa, Department of Foreign Affairs spokesperson Ronnie Mamoepa said yesterday. Last March, SADC leaders mandated Mbeki to mediate political negotiations between Zimbabwe’s ruling ZANU PF party and the opposition Movement for Democratic Change (MDC) to create conditions for free and fair presidential and parliamentary elections, which were then expected in March this year. The two parties agreed on some reforms, including the easing of laws restricting opposition political activity and independent media.

But they deadlocked recently over the MDC’s demands for a new, negotiated constitution to be put in place before the elections, for a truly independent electoral commission to run the elections, and for the elections to be postponed beyond March to allow the reforms to take effect. Mbeki visited Harare last week to try to break the deadlock, but failed, and on Friday Mugabe announced that the elections would take place on March 29. The MDC and others interpreted this as a slap in the face for Mbeki and for the SADC. At a briefing in Pretoria yesterday Deputy Foreign Minister Aziz Pahad refused to be drawn on questions about whether Mugabe had insulted Mbeki by announcing the date of the elections unilaterally. He said the negotiations were sensitive and only the Presidency could answer questions about them.

(Source: Mbeki To Brief SADC Leaders On Mediation Progress In Zimbabwe)

Controversial British property tycoon Nicholas van Hoogstraten, accused in Zimbabwe of flouting foreign exchange laws and possessing pornography dismissed the charges on Monday as “a minor irritation”. “The charges are a deliberate and malicious entrapment scheme. I will deny them,” said van Hoogstraten in a statement issued by a member of his defence team ahead of his initial court appearance. “Since the matter is before the court, I will not make any further comment save to say that I regard this matter as a minor irritation. I am confident that on a proper examination of the facts and circumstances, I will be vindicated.” Van Hoogstraten, 63, was arrested on Thursday at his Harare home, where police said they found $37 586, R92 880, £190 and 180 Botswana pula, totalling the equivalent of about $51 000 dollars, as well as Z$20bn Zimbabwean dollars. National police spokesperson Wayne Bvudzijena alleged that Van Hoogstraten - who owned more than 200 properties in Zimbabwe - had demanded six months’ rent in foreign currency from his tenants.

Van Hoogstraten had a reputation in his native Britain as a ruthless property developer who bought thousands of slum properties and reportedly described his tenants as “filth”. The multi-millionaire was convicted in 2002 of manslaughter in the death of an associate, Mohammed Raja, and sentenced to 10 years in prison, in a verdict that was overturned the following year on appeal. In 2005, Raja’s family was awarded $12m in a civil case after the High Court ruled that, on the balance of probability, Van Hoogstraten had been involved in the killing by hiring two thugs. Van Hoogstraten had spoken warmly of Zimbabwean President Robert Mugabe, describing him as “100% decent and incorruptible”. In his statement, van Hoogstraten denied that he had fallen foul of the Mugabe regime, saying: “There is nothing political about my arrest. I would like to stress that the misconception, which might arise in the press or elsewhere that I have fallen out with the Zimbabwean authorities is utterly false.” Since October last year, Zimbabwe had faced a serious currency shortage blamed by the central bank chief Gideon Gono on cash barons whom he accused of hoarding Zimbabwe dollars and exchanging them for scarce foreign currency.

(Source)

The two warring factions of Zimbabwe’s main opposition party, the Movement for Democratic Change, have agreed to reunite and back a single election candidate against President Robert Mugabe. Under the plan, Morgan Tsvangirai, the party’s leader, would be their presidential candidate in the elections that Mr Mugabe announced on Friday would be held on March 29. Both factions of the MDC have been calling for the elections to be postponed until after the introduction of a new constitution, which has already been agreed between their negotiators and the ruling ZANU PF party. They also want a new and independent electoral commission and voters’ roll, and the redrawing of electoral boundaries - moves that, they say, are essential for free and fair elections. However, Mr Mugabe has refused, accusing the opposition of being unwilling to face him at the polls. His decision to bring the election date forward will be the final nail in the coffin of mediation efforts between the MDC and Zanu PF, undertaken by South Africa’s President Thabo Mbeki.

The MDC will formally decide whether to take part at the end of this week, when its supreme decision-making body, the national council, meets. Meanwhile, however, the two sides, one led by Mr Tsvangirai, the other by Professor Arthur Mutambara, have reached broad agreement on reunification in the face of fierce repression and deteriorating living conditions. Roy Bennett, the white former MP who is treasurer of the main faction of the Tsvangirai-led MDC, confirmed that they had reached agreement on all but a few issues. “It will be a united front that faces any election, if we go into the election,” he said. “Most of the fundamentals have been agreed to.” Another senior official in the Tsvangirai faction, speaking anonymously, said it was a done deal. “We have agreed to reunite but we can’t say officially because there are certain processes that have to be gone through,” he said.

The MDC split in 2005 when Mr Tsvangirai brushed aside its national council and decided not to take part in elections to Zimbabwe’s senate. In February 2006, the breakaway faction elected Prof Mutambara as its president. However, he was unable to turn the breakaway MDC into a credible electoral force in its own right and it has steadily lost support. Gabriel Chaibva, spokesman for the Mutambara group, said: “There is willingness to chart the way forward as one party adopting one candidate.”

(Source)

The United States is criticizing Zimbabwean President Robert Mugabe for abruptly setting presidential and parliamentary elections for March 29, earlier than expected under a regional plan to restore democracy to the southern African country.

Mugabe’s government announced the decision Friday. The opposition Movement for Democratic Change had demanded constitutional and electoral reforms before the election and said polling should be delayed until June to allow for its demands to be met.

The Southern African Development Community is sponsoring the elections as part of an effort to resolve through dialogue Zimbabwe’s deepening political and economic crisis.

“We have supported the SADC-sponsored effort to resolve the political and economic crisis in Zimbabwe through negotiation between the ruling and opposition parties,” U.S. State Department deputy spokesman Tom Casey said Friday. “We regret that President Mugabe has insisted on proceeding … without having reached an agreement on conditions that would have leveled the playing field for all parties planning to compete in those elections.”

Casey said police assaults on demonstrators Wednesday “is further illustration of the government of Zimbabwe undermining the spirit of the SADC process.”

(Source)

British property developer Nicholas van Hoogstraten has been arrested in Zimbabwe, according to local media.

The state-run Herald newspaper said Mr van Hoogstraten, 63, was charged with breaking foreign exchange laws after a night raid at his Harare home.

He is accused of demanding rent in overseas currency, contrary to Zimbabwean law, the newspaper said.

A police spokesman told it that Mr van Hoogstraten, of Uckfield, East Sussex, owns about 200 properties in Zimbabwe.

Officers recovered 20 billion Zimbabwe dollars (£335,883; US$665,148) in cash, US$37,586 (£18,980), 92,880 South African rands (£6,552; US$12,975), £190 (US$376) and 180 Botswana pula (£15; US$29).

Zimbabwean law prohibits the use of foreign currencies for local goods and services.

Zimbabwean TV news bulletins showed Mr van Hoogstraten dressed in a white short sleeved shirt, as the wads of money allegedly found at his house.

Police spokesman Wyane Bvudzijena told the Herald that Mr van Hoogstraten had demanded six months’ rent in foreign currency from tenants.

He added that police also recovered pornography from Mr van Hoogstraten’s home.

“The police informant had been asked to pay in the region of US$8,000,” Mr Bvudzijena added.

“Van Hoogstraten is being charged under the Exchange Control Regulations for charging a service and dealing foreign currency.

“He is also facing charges under the Censorship Act.”

In 2002 a British court convicted Mr van Hoogstraten of manslaughter and sentenced him to 10 years in jail after a business associate was shot and killed.

Mr van Hoogstraten appealed against the conviction and was cleared in 2003, although in 2005 a civil court awarded the murdered man’s family £6m in damages.

(Source)

A Gazette Extraordinary late yesterday contained a Presidential Proclamation dissolving Parliament and fixing the dates of Nomination Day and Polling Day.

Nomination Day - Friday 8th February

Polling Day - Saturday 29th March

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

(Source - via email)

President Morgan Tsvangirai today briefed African and European diplomats in Harare over several issues including the Freedom March, the SADC dialogue, the forthcoming elections and the need for a united front to fight the repressive ZANU PF regime.

 The President narrated to the diplomatic community how the police on Wednesday beat up innocent citizens in central Harare in a desperate bid to stop them from attending a sanctioned rally at the Glamis Arena. The violence and the unnecessary arrest of himself and other party officials early yesterday morning, the President said, resulted in unnecessary injuries and showed once again that ZANU PF was not sincere in the dialogue process.

 The diplomats were apprised of the MDC cause and the legitimacy of marching for pressing national issues including food, jobs, cash, clean water, electricity, a new Constitution, affordable health care, education and the restoration of people’s dignity which has been ravaged by entrenched misgovernance and corruption.

 President Tsvangirai said the freedom marches were going to be held countrywide in the next few weeks. He said the march in Harare had been disrupted and the party would soon be notifying the police of another peaceful, non-violent march in the capital city.

 On the dialogue, President Tsvangirai said the situation on the ground was abundant evidence that ZANU PF was not sincere in the process. He said there had been a deadlock in the SADC-brokered dialogue on the political environment, the transitional constitution and the election date.  The onus was now on SADC to conclude the matter in the full knowledge that there had been a deadlock on the three sticking issues.

President Tsvangirai told the diplomats that the MDC would only participate in a free and fair election. He said the appropriate organs of the party would take the decision but whatever decision the party would take, it was already clear that the next election would be contestable and illegitimate.

The President reiterated the need for a united front to fight the entrenched dictatorship. President Tsvangirai said all the consultations had been done and discussions held with all parties, albeit informally, and there was convergence and consensus on the need to work together. He said a united front was a unifying and motivating agent for the people of Zimbabwe. Unity, the President said, was the greatest gift the democratic forces would give to the people.

 The MDC remains committed to a broad-based front of political parties, churches, students and workers as a necessary tonic in the fight for the democratisation of the country of our birth. We shall continue to march for our rights and our dignity.

 A New Zimbabwe is the only legacy we can bequeath to posterity. A New Zimbabwe a new beginning. Now is the time!

(Source: via email)

A black bishop and former prime minister has taken over a farm in Zimbabwe, forcing out its white Christian owners.

Abel Muzorewa, who was leader in 1979, moved his own staff on to Cavalla Farm near the city of Mutare, making 75 workers redundant.

The owner, Lodewyk van Rensburg, 55, had farmed the land since buying it in 1989.

Six years ago he voluntarily gave up 700 hectares of the 1,200-hectare site.

But four months ago 82-year-old Bishop Muzorewa - who was leader for a few months before losing an election to Robert Mugabe in 1980 - arrived with an official letter to take over.

Mr van Rensburg, a devout Christian who has two children, said: “Ultimately the Lord will judge what has happened.

“But it does make a mockery of his position as a man of the cloth.”

Bishop Muzorewa said: “I just wanted to have land which was taken from my forefathers without any recompense. It’s a correction of injustice.”

Mr van Rensburg and his wife Esther will go to court next month to try to evict the bishop.

(Source)

Today the High Court endorsed the Police ban on the MDC protest march. This was late morning. The march was scheduled to start at 11.00 hrs. Instead the Court said a rally could be held at a stadium in Highfields (Gwanzura).

A crowd estimated at 60 000 began walking the 8 kilometres to the stadium from the MDC headquarters but after a few blocks were broken up by riot police. Eventually a small group of about 5000 people regrouped at the stadium and listened to a speech by the President of the MDC, Morgan Tsvangirai. When he had spoken to them they dispersed peacefully.

There was no violence on the part of the MDC crowd.

This incident shows the total futility of even the small reforms adopted by ZANU PF as a result of 8 months of negotiation in South Africa under the SADC process. The Act used to ban this activity is the Public Order and Security Act which was amended in the negotiations, fast tracked through Parliament and signed by Mugabe into law.

Now at the first hurdle, even these modest reforms are shown to have no effect on the behaviour of this rogue regime. We are back to square one. The State is also ignoring all the other reforms - no action on the media, no action on the Independent Electoral Commission or any of the other reforms agreed and implemented in recent weeks.

This is a fresh challenge to the Mbeki led mediation.

(Source: via email)

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