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PARLIAMENTARY COMMITTEES SERIES 26/2023

Open Post-Budget Consultative Committee Meetings

Monday 11th December Only

The Minister of Finance and Economic Development presented the 2024 National Budget on Thursday 24th November, in the National Assembly chamber at the new Parliament building in Mount Hampden with a speech [link] that was a summary of the full 2024 National Budget Statement [link]. 

Debate on the Budget was then adjourned until Tuesday 12th December to allow MPs to digest the Budget during the intervening ten days, during which the National Assembly and the Senate would not be sitting.  MPs were to have been assisted in their task by the customary series of post-Budget events scheduled for Monday 4th to Thursday 7th December and announced by the Speaker in the House adjourned before it adjourned; these events were notified in Parliamentary Committee Series 24/2023 [link].

Unfortunately, it later became necessary for Parliament to cancel the arrangements for the events; the cancellation was notified in Veritas’ Parliamentary Committee Series 25/2023 over the weekend [link] ­– and to postpone the scheduled events until the week beginning on Monday 11th December.

Parliament has now circulated the new schedule for Post-Budget Portfolio Committee Meetings on the 2024 National Budget, which is available on the Veritas website [link] and is attached to this bulletin.

Rescheduled Portfolio Committee Meetings This Week

The new Schedule differs considerably from the cancelled schedule referred to in Parliamentary Committee Series 24/2023 [link]..  Each committee will have two meetings:

Post-Budget Consultative Meetings by Portfolio Committees [including Public Accounts Committee] There will be two meetings for each committee:

• Meeting No. 1 will be in open session [i.e., open to attendance by members of the public as observers only]  The purpose of the meeting is to conduct consultations on the their Analysis of the 2024 Budget from representatives of the Ministry/Ministries the committee supervises.

These meetings will all be held today, Monday 11th December, either at 10 am or 2 pm according to the attached schedule and in the Committee Room of the New Parliament Building at Mount Hampden specified therein [the relevant columns in the schedule’s table are shaded for readers’  convenience].

• Meeting No. 2 will be in closed session [i.e. not open to members of the public]  The purpose of the meeting will be considering and adopting the relevant committee’s reports on the Analysis of the  Budget allocations for the Ministry/Ministries concerned.  The report/s will be drafted by the committee clerk under the supervision of the committee chairperson, and, when adopted by the committee, will be presented during the debate on the 2024 Estimates of Expenditure [the Blue Book].

According to the attached schedule these meetings will be held on Wednesday 13th December at 2 pm or Thursday 13th December at 10 am.  Presumably the reports will also cover the other Budget entities – independent constitutional commissions and the National Prosecuting Authority – assigned to the Ministry/Ministries supervised by each committee.

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

This was after languishing behind bars for the past eight months – as part of a three-year sentence in April this year on charges of inciting public violence.

He was convicted by Harare Magistrate Feresi Chakanyuka.

Ngarivhume had posted messages on social media site X (formerly Twitter) urging Zimbabweans to peacefully protest against corruption and poor governance.

Most open and level minded, as well as apolitical, people (both in and out of Zimbabwe) had, from day one, questioned the logic in jailing someone for merely calling for peaceful protest.

Let us remember that, in this country, the right to demonstrate and present petitions, in a peaceful manner, is protected in the Constitution (section 58).

At no time or place did Ngarivhume ever incite anyone to engage in violent acts.

In fact, that is why today, 11th December 2023, he was set free after the High Court quashed both his conviction and sentence.

In their ruling, judges of appeal Pisirayi Kwenda and Fatima Maxwell noted that the State failed to prove a prima facie case against the opposition politician.

That is where we have a huge problem!

How on earth did the Magistrate who convicted Ngarivhume even entertain the prosecution when clearly the State did not have prima facie evidence, in the first place?

Let alone how a guilty verdict was reached!

We need to begin with defining what is meant by prima facie evidence.

This is a term from Latin (prīmā faciē) meaning ‘at first sight’ or ‘based on first impression’.

In simpler English, this can be translated as ‘on the face of it’ – meaning, how something appears on face value or initial sight.

In the legal context, this signifies that upon initial examination of a charge, sufficient corroborating evidence should appear to exist to support a case.

As such, prima facie evidence denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact.

Most legal proceedings require a prima facie case to exist, following which proceedings may then commence to test it and create a ruling.

In the absence of prima facie evidence, a case will be thrown out immediately, without so much as going to trial.

That is why the prosecuting authority needs to ascertain if there is any such evidence, usually brought forward by the police, to determine whether to take the case to court or not.

For instance, if an individual is accused of murder, before anything else, the prosecution has the burden of presenting prima facie evidence of each element of the crime charged against the defendant.

In a murder case, this would include evidence that the victim was, in fact, dead, that the defendant’s act caused the death, and that the defendant acted with malice aforethought.

If no party introduces new evidence, the case stands or falls just by the prima facie evidence or lack thereof, respectively.

In other words, without prima facie evidence, a case can be dismissed without any need for a response by other parties or going to trial.

So, if the High Court judges of appeal noted that the State failed to prove a prima facie case against Ngarivhume – on what grounds did proceedings even commence at the Magistrate Court?

These changes should have been thrown out on the first day, and Ngarivhume set free!

This was common knowledge.

Everyone who followed the opposition activist’s social media posts knew very well that at no time did he incite anyone to engage in violent acts.

Why, then, were the clearly spurious charges even tolerated by the courts – not to mention proceeding to trial, after which actually finding him guilty?

What, in the form of prima facie evidence, did the State produce – when Ngarivhume never posted anything inciting public violence?

There was no prima facie evidence to warrant the presiding magistrate to entrain this case.

Period!

What image does this, then, paint about our justice system in Zimbabwe?

I have great respect for our judiciary – nonetheless, such incidents are undeniably not good for their reputation.

Our judiciary needs to be seen as genuinely independent, apolitical, and non-partisan – as defined in section 164 of the Constitution of Zimbabwe.

There is a need to demonstrate, without a shadow of a doubt, that Zimbabwe respects the separation of power.

The three arms of government – the executive, legislature, and judiciary – and their powers and roles are clearly laid out in the country’s Constitution.

It, therefore, becomes most disturbing when an impression is created that there are some in our justice system serving partisan interests.

This inevitably invites accusations of our judiciary being captured by the ruling establishment and abused to settle political scores, specifically against perceived opponents.

That is why terms as ‘weaponization of the law’, or ‘warfare by lawfare’, or ‘persecution by prosecution’ have become commonplace in Zimbabwe.

We have witnessed far too many opposition and human rights activists being arrested and then repeatedly denied their constitutional right to bail (whilst languishing in remand prison).

A good example is opposition official and former legislator Job Sikhala, who has now been incarcerated for over one and a half years.

Then, there are those, although granted bail, their trials continually drag on without seemingly any progress for months or years – yet, in most cases, with the accused eventually acquitted.

A case in point being, amongst many others, Joanna Mamonbe, Cecilia Chinembiri, and Netsai Marova – who were accused for lying about their abduction in May 2020 – yet subsequent acquitted in July 2023 after a prolonged trial.

This places a torturous burden on these people – be it emotional or psychological – as they have to endure the stress of unending trials.

Furthermore, some have been unable to undertake their business activities or seek critical medical attention outside the country – on account of having surrendered their passports as part of bail conditions.

This is truly unfair and cruel – more so, when our courts are abused for a political agenda.

In the case of Ngarivhume, I applaud the respective High Court judges of appeal for doing the right thing.

There was no case against Ngarivhume to begin with, and it is time we saw more judicial officers standing on principle.

Nothing tarnishes a country’s profile than a compromised justice system.

Surely, why did Ngarivhume spend the past eight months behind bars?

• Tendai Ruben Mbofana is a social justice advocate and writer. Please feel free to WhatsApp or Call: +263715667700 | +263782283975, or email: mbofana.tendairuben73@gmail.com, or visit website: https://mbofanatendairuben.news.blog/

https://www.flickr.com/photos/zimbabwevigil/53386436781/sizes/m/

Our virtual Vigil activists today were Blessing Henry and Qondani Ndlovu who both kindly contributed to Vigil funds. They carried placards showing their anger at Zanu PF, the corrupt and abusive ruling party. For photos, see: https://www.flickr.com/photos/zimbabwevigil/albums/72177720313253562.

For Vigil pictures check: http://www.flickr.com/photos/zimbabwevigil/. Please note: Vigil photos can only be downloaded from our Flickr website.

Events and Notices:

• ROHR / ZimVigil Christmas party: Saturday 16^th December. You are invited to our end of year fundraiser party. Location: Chinatown, Buffet: all you can eat, £30 a head. For tickets, contact: Chid Makawa 07413024807, Delice Gavazah 07752653891, Simbarashe Jingo 07787870888 and Mashama Mazise 07309032924.
• Next Vigil meeting outside the Zimbabwe Embassy. Saturday 16^th December from 2 – 5 pm. We meet on the first and third Saturdays of every month. On other Saturdays the virtual Vigil will run.
• The Restoration of Human Rights in Zimbabwe (ROHR) is the Vigil’s partner organisation based in Zimbabwe. ROHR grew out of the need for the Vigil to have an organisation on the ground in Zimbabwe which reflected the Vigil’s mission statement in a practical way. ROHR in the UK actively fundraises through membership subscriptions, events, sales etc to support the activities of ROHR in Zimbabwe.
• The Vigil’s book ‘Zimbabwe Emergency’ is based on our weekly diaries. It records how events in Zimbabwe have unfolded as seen by the diaspora in the UK. It chronicles the economic disintegration, violence, growing oppression and political manoeuvring – and the tragic human cost involved. It is available at the Vigil. All proceeds go to the Vigil and our sister organisation the Restoration of Human Rights in Zimbabwe’s work in Zimbabwe. The book is also available from Amazon.
• Facebook pages:  

Vigil : https ://www.facebook.com/zimbabwevigil

ROHR: https://www.facebook.com/Restoration-of-Human-Rights-ROHR-Zimbabwe-International-370825706588551/

ZAF: https://www.facebook.com/pages/Zimbabwe-Action-Forum-ZAF/490257051027515

The Vigil, outside the Zimbabwe Embassy, 429 Strand, London meets regularly on Saturdays from 14.00 to 17.00 to protest against gross violations of human rights in Zimbabwe. The Vigil which started in October 2002 will continue until internationally-monitored, free and fair elections are held in Zimbabwe: http://www.zimvigil.co.uk/.