Tomana(pictured) told journalists in Bulawayo that Zimbabweans both at home and those living in the Diaspora were threatening him.

The ‘threats’ are said to be coming from Zimbabweans who are complaining over his continued stay in the office despite calls by the MDC-T for him to go.

“I am being demonised and my family, my wife and kids are being threatened with unspecified action. We have always received calls from the British and Australians promising to deal with me and my family,” said Tomana.

He said the AG’s office should not be subjected to intimidation and threats on the life of the person occupying the office. He said the hatred he is facing was more directed to the office than the person occupying it.

The MDC-T has been calling for the removal of AG Tomana from the office under the Global Political Agreement (GPA).

The MDC-T has also lobbied for the removal of Reserve Bank Governor Gideon Gono.

Harare(Zimbabwe)-Poor service delivery by the country’s major parastatals was caused by massive corruption by government Ministers responsible for their operations, a cabinet minister has said.

Minister of State Enterprises and Parastatals Joel Gabuza told journalists in Harare on Friday that an audit they have conducted has revealed a massive abuse of resources at most quasi-government organizations by ministers responsible for their operations.

“The most problematic area is the appointment of management board members in most parastatals.There was a lot of corruption in this area. We have discovered in some pararastals that one person was occupying more than 15 boards of different companies as a chairperson and really it means this person has no time to do whant he is required because of continued commitments. It has also emerged from the exercise that a nurse was a board member in an airline company a thing that failed to make sense.Overall there is nepotism and corruption in most parastatals,”said Gabuza.

Board members would allocate themselves more resources than what the company needs for public service delivery.

He said his Ministry was creating a national data base of experienced personnel from which parastatals would get qualified candidates to be board members.

“To improve transparency in the management of these institutions we have strategised a method of clearly defining the roles of ministers so that they do not abuse them.

“We want every Zimbabwean to have an equal chance of becoming board members of any parastatal.We are going to have a national data base of qualified and experienced people from which parastatals would tap board members. Anyone who wishes to be a board member should apply for the job.”

The former ZANU-PF government used to treat parastatals as its political wings.

This resulted in the abuse of parastatals like the National Railways of Zimbabwe (NRZ), Zimbabwe United Passenger Company (ZUPCO) Zimbabwe Broadcasting Corporation (ZBC) and the Zimbabwe National Water Authority (ZINWA) by the government ministers for political and private gains.

The ministers looted resources like fuel and vehicles from these parastatals leaving them bankrupt.

Minister of Economic Development, Elton Mangoma, said government ministers should not use parastatals as their back yard corruption grounds.

“We need parastatals to perform; if they fail to deliver their Chief executives should be fired. We do not want government ministers to interfere with their day to day operations,” said Mangoma.

The firm issued summons in November last year and the bank never responded prompting Seed Co to apply for a default judgement at the High Court.

Justice Charles Hungwe is expected to make a ruling on the chamber application soon.

Artherstone and Cook Legal Practitioners are appearing for Seed Co while Chitapi and Associates are representing the central bank.

In the application, Seed Co submitted: “Defendant was served with a copy of summons on November 2 2009. Although they entered an appearance to defend on November 5, defendant has failed to plead. The defendant has lost right to defend the matter.”

According to the summons, during the 2007 and 2008 farming seasons, the RBZ ordered maize seed from Seed Co International’s Botswana depot.

In 2007, seed valued at US$6 376 350 was delivered to RBZ from Botswana and early 2008 another consignment of seed worth US$6 999 654 25 came in.

RBZ, according to the papers, had paid US$10 million by April 2008, leaving a balance of US$3 634 830 80.

It is Seed Co’s claim that the RBZ undertook to pay the balance in weekly installments of US$400 000 with effect from May 2008.

Seed Co said the payment plan was never fulfilled, prompting the firm to seek the High Court’s intervention to recover the money.

This is what a senior Zimbabwean police officer is reported to have told a South African newspaper in an interview, thus confirming the use of torture by the Zimbabwe Republic Police, (ZRP) and it is still the case that the ZRP resort to this horrible practice, as evidenced in the allegations of the use of falanga in the torture of Jestina Mukoko and the other 41 abductions.

Although torture has been seen in all three previous decades of Zimbabwe, it has become so commonplace since 2000 that it is only when particularly repugnant episodes occur that there is publicly expressed revulsion of it. Since its formation in 1998, the Zimbabwe Human Rights NGO Forum [Human Rights Forum] has issued a large number of reports about torture, urging an end to this vile practice. Despite this torture still continues to be practised on a widespread basis in Zimbabwe.

Falanga is unequivocally a form of torture and constitutes a serious criminal assault under Zimbabwean law. This form of torture has become particularly prevalent in the past five years. Although falanga has been reported in previous decades, it now appears to be very widespread indeed, and almost routine, both inside and outside of places of detention. It is used by the police as well as non-state actors that are supporters of the government.

The police have a constitutional and professional duty to protect people against unlawful assaults and yet members of the police force are frequently perpetrating acts of torture as is documented in this report and has also been documented in previous reports of the Human Rights Forum. The evidence establishes that the practice of torture, including falanga, is not carried out by a few aberrant law enforcement officers but instead is widespread and systematic. It is evident that it is not only the ZRP that are guilty of falanga, but that it has become a widespread practice carried out by proxy forces of the Zimbabwe government, and mostly by supporters and members of ZANU PF.

What is torture?

Torture is one of the worst forms of inhumane treatment, involving as it does the deliberate infliction of severe pain, mental suffering and degradation upon a person who is in a helpless condition. It is usually carried out in a way that is grossly humiliating to the victim. It generally stops short of causing death, but sometimes victims are tortured to death. It causes physical injury (sometimes permanent disabling injury) and usually also leads to drastic longterm psychological harm.

Torture is a vile practice which any civilized society will do everything possible to prevent and eradicate. As the Supreme Court observed, in the case of the Catholic Commission for Justice and Peace in Zimbabwe v Attorney-General1, “the right not to be subjected to torture stands as a sentinel over human misery, degradation and oppression.”

No civilized nation will permit its law enforcement agencies or its military forces to make use of torture or seek to justify, excuse or condone the use of such practices by these personnel. No civilized government will encourage or allow irregular forces or militias to inflict torture upon its opponents. No civilized nation will grant an amnesty or pardon to persons who have used torture. Instead, a civilized nation will ensure that all persons who are alleged to have engaged in this despicable practice are prosecuted and, if found guilty, are punished in a manner that takes account of the gravity of this crime. Victims should also be entitled to claim civil compensation for the harm they have suffered.

In international law, torture can constitute a crime against humanity. Under Article 7 of the Rome Statute of the International Criminal Court, torture will constitute a crime against humanity, if it is “committed as part of a widespread and systematic attack directed against any civilian population, with knowledge of the attack”, and the attack was “pursuant to or in furtherance of a State or organisational policy to commit such attack.” The Rome Statute thus requires that the crime against humanity constituted by official use of torture be part of a widespread and systematic attack against civilians in pursuit of state policy. On the other hand, under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), a single act of official torture is enough to fall foul of the Torture Convention.

HRF

Led by Geoffrey Nyarota, the blend of reporters combined youthful enthusiasm and professional experience; bravery (or is it bravado) and a dedication. In essence, this was a group of risk-takers, considering the mortality rate of private media ventures. Some had abandoned secure jobs elsewhere to join a ‘newspaper’ which was not even in existence at the time.

Most remembered too that The Daily Gazette, a few years before, had crumbled in no time, leaving The Herald with a sense of triumphalism.

I write today in memory of The Daily News as it continues to wage a spirited battle to re-open. I must say that former information Minister Jonathan Moyo’s recent attack on the Media Information Commission (MIC) does not give me a modicum of consolation for one moment. Neither does his inglorious departure. This (MIC) is a dog he knows too well. He created it, proudly had it on the leash, fed it, trained it, sharpened its teeth and showed it how to kill. Moyo left but did not take his vicious dog away with him. The tools of his legacy hang dangerously above.

Again, this is one man who has somersaulted routinely, spinning into the realms of inconsistency with carefree abandon.

I hold him personally accountable for the closure of the newspaper and its sister, The Daily News on Sunday, and the accompanying agony of hundreds of jobless former employees, not to mention the suffering we endured as his hands as we tried to provide an alternative source of information. The MIC chairman Tafataon Mahoso remains his accessory to the crime.

I have no doubt that posterity will judge them harshly. But future generations will also learn about the determination and be inspired by the resilience of this newspaper, and accord it its rightful place in history.

Media scholars will analyse for themselves the implications of the State’s crude constriction of the public sphere and democratic space in the political history of our beloved country. When AIPPA was concieved, I told colleagues that the legislation was drafted by the devil in the annals of hell. Just diabolical. Its numerous victims – either as media institutions or individuals – vindicate me.
I recall with immense vividness the day we launched The Daily News, if you can allow me to relive this fond memory. On the morning of 31 March 1999, we waited with bated breath for the paper to hit the streets. I must admit we did so with a great sense of trepidation too, considering the trials and tribulations the venture had encountered before.

As we anxiously watched from the second floor building, we eventually saw vendors take delivery of the new paper. In fact they had little time to do so. As pictorial records will testify, masses of human bodies virtually buried the vendors as people scrambled for a copy of the newest media product on the market. I hate chaos but sometimes there is some rumpus which is just good to watch. This was one of them. These scenes were replicated all over the place, and for many days, months…

It was a dawn of a new era. As one of the pioneers at The Daily News and as its first chief reporter, I recall the launch of newspaper, its existence and service to the nation as democratic force, with pride. And for all his perceived faults, Nyarota is by far the most celebrated editor in our media history. He led The Daily News with the obstinacy of a mule, and it paid off. His attitude went down to the very lower echelons of the paper, creating a robust internal spirit.

Soon The Herald and its sponsors were squirming in their old pants. Like a determined long-distance runner, the new-kid-on-on-the-block outpaced the 100-year-old government-controlled daily newspaper in a race of popularity and sales. But the distance was to be short. Painfully short as we now know.

With a refreshingly incisive, aggressive and at times abrasive approach, The Daily News crossed swords with numerous enemies, especially in higher circles. The list of adversaries within a regime unused to fearless reporting, constant and constructive criticism, is well recorded. War veterans, the CIO, the army, the police…Moyo!

A widely-held misconception is that The Daily News was launched after the formation of the Movement for Democratic Change (MDC), and hence it is perceived as some surrogate of the opposition party. The reality is that the MDC was formed months later.

An association with the MDC, perceived or real, made the paper just as equal an enemy of the state as the opposition party, like all dissenting voiced are branded by the regime.

Not surprisingly, the paper’s premises were bombed twice and its staff becoming regular guests of the state. Even after its printing presses were blown into smithereens, The Daily News – like the proverbial Phoenix – rose from the ashes of deadly suppression with a buzz of defiance.

To confirm that the dastardly acts had the tacit approval of the authorities, the police made no serious effort to apprehend the bombers.

Later on, almost an entirely new group of people took over The Daily News after hounded businessman Strive Masiyiwa became the major shareholder. Even these mafikizolos managed to carry the torch further. But the resolve to wipe this paper from the face of the earth was just too strong.
And then eventually the State openly descended on it with the force of a hammer; the newspaper was shut down for defying the draconian and unjust Access to Information and Protection of Privacy Act (AIPPA) in September 2003.

But the drawn-out fight by The Daily News to re-open symbolises much more than just an attempt by business to reintroduce a product on the market. For me, it transcends the mere desire to re-establish a money-making venture. This is a struggle for freedom of _expression in Zimbabwe in the widest sense.
True, a number of private newspapers exist in Zimbabwe today. Most of us would probably discern some semblance of freedom of _expression because of mere numbers. But we should not be fooled, for pluralism alone does equate to freedom of _expression. Laws such as AIPPA and the Public Order and Security Act (POSA), which engender fear and self-censorship, still hang precariously over the private media.

At The Daily News, that sense of insecurity and danger created firmer bonds among staff from all departments. Some members of that great team have departed now. Leopold Hatugari, John Mauluka, Julius Zava, Todd Hogwe, Shepherd Samasuwo, among others. RIP. Some have just escaped the persecution.

It is disheartening that today some journalists from The Daily News still face the prospect of imprisonment or being heavily fined for operating without licences. For goodness sake, leave them alone!

The stubborn resistance of this paper should epitomise not just the struggle for free _expression in Zimbabwe but instil the never-say-die spirit in the face of seemingly insurmountable odds, Operation Murambatsvina included.
No other newspaper has demonstrated courage and served the people like The Daily News did. You have to be made of sterner stuff to be able to publish a day after a bomb has destroyed your printing presses, as if nothing has happened.

It is the reason some of us associated with the newspaper from its very beginning still relate to it with a deep passion. I remember a write-up by Wilf Mbanga – the first chief executive officer of the paper (now editing The Zimbabwean), aptly concluding that the demise of The Daily News almost made him weep. “It’s like losing a child,” he wrote. I share this sentiment with him.

Having seen it bounce back before, I am dissuaded from penning an epitaph for a paper of such resilience. Already chief executive officer Sam Sipepa Nkomo has indicated they are heading for the High Court. Perhaps the observations by Moyo against his own dog, the MIC – whatever the motivation of his opinions – might become relevant.

But I am sure everyone joins the newspaper in its dogged fight to re-open. I still wonder if it does open, whether The Daily News – which, to borrow from a famous song, ‘lived its life like a candle in the wind’ – can still recapture the spirit of 31 March 1999. This day ought to be remembered and recognised in some way.

Conrad Nyamutata is a former chief reporter of The Daily News, living in Leicester, UK. He can be contacted on nyamutata@yahoo.com