Komichi jailed for gate-crashing Zec command centre

Source: Komichi jailed for gate-crashing Zec command centre | Newsday (News) MDC vice-president Morgen Komichi was yesterday handed a wholly suspended three-month jail sentence and a $200 fine after being found guilty of gate-crashing a Zimbabwe Electoral Commission (Zec) command centre podium during a presidential election results announcement last July. Harare magistrate Ruramai Chitumbura slapped […]

The post Komichi jailed for gate-crashing Zec command centre appeared first on Zimbabwe Situation.

Source: Komichi jailed for gate-crashing Zec command centre | Newsday (News)

MDC vice-president Morgen Komichi was yesterday handed a wholly suspended three-month jail sentence and a $200 fine after being found guilty of gate-crashing a Zimbabwe Electoral Commission (Zec) command centre podium during a presidential election results announcement last July.

Harare magistrate Ruramai Chitumbura slapped the opposition politician with a five-month jail term.

She, however, suspended three months of the sentence on condition that Komichi did not commit a similar offence in the next five years.

“If the accused commits the same offence, he will be jailed without an option to pay a fine,” she ruled.

Komichi was ordered to pay $200 fine for the remaining two months or risk going to jail.

He was represented by human rights lawyers Beatrice Mtetwa and Obey Shava.

Shava said, as lawyers, they were not happy with the judgment, however lenient it sounded.

“In light of this, we will approach the High Court to appeal against both conviction and sentence, probably on Monday.”

During his trial, Komichi argued that he did not commit any offence since he went onto the podium during a break.

When he went onto the podium, Komichi had insisted in front of dozens of local and international journalists that MDC Alliance presidential candidate Nelson Chamisa’s votes were stolen, while also accusing Zec chairperson Priscilla Chigumba of being a “liar”. — NewZimbabwe.com

The post Komichi jailed for gate-crashing Zec command centre appeared first on NewsDay Zimbabwe.

The post Komichi jailed for gate-crashing Zec command centre appeared first on Zimbabwe Situation.

MPs should familiarise with statutory provisions on public debt

Source: MPs should familiarise with statutory provisions on public debt – NewsDay Zimbabwe March 16, 2019 Guest column: John Makamure The past couple of weeks has witnessed parliamentary committees actively engaging the Ministry of Finance and the Reserve Bank of Zimbabwe on the monetary and fiscal policy measures. This is critical in order to engender […]

The post MPs should familiarise with statutory provisions on public debt appeared first on Zimbabwe Situation.

Source: MPs should familiarise with statutory provisions on public debt – NewsDay Zimbabwe March 16, 2019

Guest column: John Makamure

The past couple of weeks has witnessed parliamentary committees actively engaging the Ministry of Finance and the Reserve Bank of Zimbabwe on the monetary and fiscal policy measures.

This is critical in order to engender transparency and accountability in financial matters as provided for under sections 298 and 299 of the Constitution.
These sections outline principles of public financial management that have to be adhered to, and the central role that Parliament has to play in the oversight of State revenues and expenditure.

One of the meetings between the Reserve Bank of Zimbabwe governor John Mangudya and the Public Accounts Committee chaired by Tendai Biti, discussed at length the issue of public debt contraction and management.

Given the country’s unsustainable public debt position at the moment, it is not surprising that the committee meeting attracted immense media interest.

Watching video clips of the meeting and reading various Press reports, I came to the conclusion that the journalists and several Members of Parliament (MPs) were not fully conversant with the statutes governing public debt management, in particular the Constitution and the Public Debt Management Act which was passed by Parliament on July 29, 2015 and gazetted into law on September 4 the same year.

The MPs raised concern over government contracting debt without parliamentary approval. They seemed to imply that government had to come to Parliament first for approval before negotiating a loan agreement.

It is my considered view that this is a misinterpretation of the relevant constitutional provisions. Section 300 (1) only empowers Parliament to set limits on borrowings by the State, the public debt and debts and obligations whose payment or repayment is guaranteed by the State.

Section 300(3) requires that within 60 days after the government has concluded a loan agreement or guarantee, the Finance minister must cause its terms to be published in the Government Gazette. So basically, government can contract debt without first seeking the approval of Parliament.

However, the debt must not exceed limits set by Parliament. This is what the committees of Parliament must monitor as part of their oversight role.

The other issue that the MPs must monitor is provided for in section 300 (4). In this section the minister has an obligation to, at least twice a year, report to Parliament on the performance of loans raised and guaranteed by the State.

The powers of the Finance minister to borrow are elaborated in the Public Debt Management Act. It is the President who authorises the minister to borrow in accordance with the limits set by Parliament.

The limit may not result in the total outstanding public and publicly-guaranteed debt as a ratio of the gross domestic product at current market prices exceeding 70% at the end of any fiscal year.

The limits can be exceeded provided the minister obtains a resolution of the National Assembly to do so under one or more of the following conditions:
Occurrence of natural disasters or other emergencies requiring exceptional expenditure;

Where a large investment project in the public sector is deemed by Cabinet to be timely and prudential; and

In case of a general economic slow-down requiring fiscal and monetary stimulus.

Section 11 of the Public Debt Management Act says the External and Domestic Debt Management Committee shall, for each financial year, set forth the recommended maximum amount of new government net borrowing and government guarantees which may be undertaken throughout the year, and the minister shall take into account the committee’s recommendations when exercising his or her authority.

The same section is categorical that “subject to section 300 of the Constitution, the minister shall have sole authority to borrow money on behalf of government by concluding loan agreements, issuing government securities, or entering into suppliers’ credit agreements and to issue government guarantees, in Zimbabwe and in both local and foreign currencies, provided that the minister is satisfied it is in the public interest to do so, and in order to maintain the public debt at sustainable levels, and review or revoke any unutilised authorisations”.

And local authorities do not have the independence to borrow wily-nilly. Section 22 says the Minister of Finance shall, after consultation with the Local Government minister, prescribe an annual borrowing limit for each local authority based on its capacity to repay, and such other considerations as the minister may determine.

A local authority intending to borrow above the prescribed threshold shall, upon obtaining a prior resolution of the council, board or other governing body of the local authority to that effect, obtain prior approval from the Minister of Finance through the Minister of Local Government to do so.

A public entity may borrow funds within Zimbabwe up to such a limit as the Finance minister may determine after consultation with the minister responsible for the public entity concerned.

A local authority or public entity shall submit to the Public Debt Management Office a record of its borrowings no later than 10 working days from the date of signing of loan agreement or obtaining an overdraft, as the case maybe, and shall submit monthly, quarterly and annually to the office data on its total outstanding debt.

So the work of the Public Debt Management Office must be of particular interest to the MPs if they are to be effective in overseeing public debt contraction and use of the loans.

The office prepares all the monthly, quarterly and annual reports on public debt which are used by the minister to report to Parliament.

The reports must be laid before the National Assembly at least bi-annually by the minister within 60 days of the end of the period concerned.

John Makamure is the executive director of the Southern African Parliamentary Support Trust. He writes in his personal capacity.

The post MPs should familiarise with statutory provisions on public debt appeared first on Zimbabwe Situation.

Govt to blacklist, freeze terrorist funds 

Source: Govt to blacklist, freeze terrorist funds | The Herald March 16, 2019 Fidelis Munyoro Chief Court Reporter The law operationalising Government powers to blacklist and freeze funds and assets of individuals and entities linked to international terror, has been gazetted. Statutory Instrument 56 of 2019 was published in an Extraordinary Government Gazette yesterday. It […]

The post Govt to blacklist, freeze terrorist funds  appeared first on Zimbabwe Situation.

Source: Govt to blacklist, freeze terrorist funds | The Herald March 16, 2019

Govt to blacklist, freeze terrorist funds

Fidelis Munyoro Chief Court Reporter
The law operationalising Government powers to blacklist and freeze funds and assets of individuals and entities linked to international terror, has been gazetted. Statutory Instrument 56 of 2019 was published in an Extraordinary Government Gazette yesterday.

It is cited as Suppression of Foreign and International Terrorism (Application of UNSCR 1540 (2004)1673, 1810, 1887, 1977 (On Non-State Actor Proliferation), 1695,1718, 1874 on Democratic People’s Republic of Korea and 1696,1737, 1747, 1803 and 1929, UNSCR 2094 (2013), 2231 (2015) UNSCR 2270 (2016), UNSCR 2321 (2016), UNSCR 2371 (2017), of UNSCR 2375 (2017) UNSCR 2397 (2017) and Successor UNSCRs) Regulations, 2019.

The principal Act—Suppression of Foreign and International Terrorism Act was enacted in 2007, in compliance with a Security Council Resolution requiring all UN members to apply financial sanctions on individuals and entities associated with international terrorism. The Bank Use Promotion and Suppression of Money Laundering Unit will be Zimbabwe’s national agency for implementing the regulations.

“These regulations extend to any person or entity listed under Subsection (1), notwithstanding any rights granted to or obligations imposed under any existing international agreement or contract made prior to date of coming into force of these regulations,” read the Statutory Instrument.

Clause 5 provides for the role of the Bank Use Promotion and Suppression of Money Laundering Unit.

The regulations prevent the entry into or transit through Zimbabwe’s borders by specified individuals; and also bar direct and indirect supply, sale and transfer of arms and military equipment by such people.

“Where the unit proposes an individual to be added to the United Nations Consolidated List, the President shall on the recommendation of the minister, declare a person or entity to be a suspected international terrorist or international terrorist group respectively,” read the regulations.

“Upon such a declaration, the minister through the ministry responsible for Foreign Affairs shall forward the list of proposed designated persons or entities to the relevant UN Sanctions Committee, stating the reasons for the designation.”

According the SI, the purpose of the regulations includes prescribing procedure for freezing funds or financial assets or other economic resources of any designated persons and provide for the authority responsible for proposing and designating persons under various UNSCRs.

The regulations also stipulate the type of financial or other related services which may not be provided to a designated person. It further prescribe conditions and procedure for utilisation of frozen funds, or economic resources while prohibiting the making of frozen funds or economic resources available to designated persons as well as guidelines for effective implementation of the UNSCRs.

The post Govt to blacklist, freeze terrorist funds  appeared first on Zimbabwe Situation.

MDC finalise district restructuring ahead of May congress

Source: MDC finalise district restructuring ahead of May congress – NewsDay Zimbabwe March 16, 2019 BY Everson Mushava THE opposition MDC will tomorrow wrap up the restructuring of its branches, as well as reducing the party’s administrative provinces from 12 to 10 in line with the country’s local government structures. The party’s organising secretary, Amos […]

The post MDC finalise district restructuring ahead of May congress appeared first on Zimbabwe Situation.

Source: MDC finalise district restructuring ahead of May congress – NewsDay Zimbabwe March 16, 2019

BY Everson Mushava

THE opposition MDC will tomorrow wrap up the restructuring of its branches, as well as reducing the party’s administrative provinces from 12 to 10 in line with the country’s local government structures.

The party’s organising secretary, Amos Chibaya, said the party would move on to restructure its wards next week after completing the configuration of its branches tomorrow.

“We are finalising the restructuring of our branches on Sunday (tomorrow) and after that we move on to wards, districts and finally provinces,” Chibaya said.

“Everything is moving on well and I am sure we will complete all the processes ahead of the main congress to be held in May. At the moment, there are no glitches. In our process, we encourage consensus between nominated parties and proceed to elections if there is no agreement.”

Party leader Nelson Chamisa last month slated the congress for May 24-26 amid pressure from some party members, who were challenging his legitimacy, alleging that he had gone beyond the mandated one year period as leader without going to congress.

Chamisa took over the reins of the party last year after the death of founding leader Morgan Tsvangirai on February 14 last year. He contested the July 30 elections, where he lost narrowly to President Emmerson Mnangagwa.

The youthful leader is likely to be challenged by party secretary-general Douglas Mwonzora.

Chibaya said the party was also moving to amalgamate Midlands North and South as well as Chitungwiza and Harare, so that it aligns the party’s 12 administrative provinces to the country’s 10 Local Government structures as provided for in the party’s 2014 constitution.

“Today (yesterday), I am holding joint meetings between Midlands North and South to join them into one administrative province. Work is also in progress to join Harare and Chitungwiza. All is on course and we are not stopping at anything. Next weekend, there will be a provincial assembly in Masvingo that will be attended by the president,” he said.

The post MDC finalise district restructuring ahead of May congress appeared first on Zimbabwe Situation.

Ramaphosa’s message to ED 

Source: Ramaphosa’s message to ED – NewsDay Zimbabwe March 16, 2019 Opinion: newZWire YOU can always trust South Africa President Cyril Ramaphosa to send coded messages to his comrades in Zimbabwe. In 2016, at the Zanu-PF annual conference in Masvingo, in a “solidarity speech” on behalf of the African National Congress, he said liberation movements […]

The post Ramaphosa’s message to ED  appeared first on Zimbabwe Situation.

Source: Ramaphosa’s message to ED – NewsDay Zimbabwe March 16, 2019

Opinion: newZWire

YOU can always trust South Africa President Cyril Ramaphosa to send coded messages to his comrades in Zimbabwe.

In 2016, at the Zanu-PF annual conference in Masvingo, in a “solidarity speech” on behalf of the African National Congress, he said liberation movements could only secure their relevance by focusing on their economies and making the lives of their people better.

“The continent looks to this conference to provide leadership on how together we can build a better life for our people,” he said then. That caused quite a few awkward moments for party delegates fully fed on a diet of fawning political slogans.

Ramaphosa then stepped off the podium, shook hands with a sitting President Robert Mugabe and then shared a warm embrace with Emmerson Mnangagwa, then a fellow Vice-President.

Three years later, both men are now the leaders of their countries. Both are trying to mend the damage left by the men they succeeded. Judging by Ramaphosa’s remarks at the end of economic talks in Harare on Tuesday, they are doing it differently.

In his speech, Ramaphosa may well have been sending a message to his peer.

One does not just get out of an economic crisis and attract investment by rhetoric and miracles; acknowledge the “missteps of the past” and take concrete steps to shake things up.

Just like Mnangagwa – but perhaps not to the same extent – Ramaphosa too has needed to work hard to win over the doubters.

“As South Africa, we are also emerging from a difficult period not only of poor economic performance, but also of diminishing public trust in State institutions and low investor confidence,” Ramaphosa told officials attending the bi-national commission of the two countries at a hotel in Harare.

And how has he gone about it?

“We have been forthright in acknowledging the effects of decline of governance, corruption and what we describe as ‘State capture’ on our economy, our institutions and our people,” Ramaphosa said.

To change direction, a country needs investment, whether domestic or foreign.

“We have also recognised that we will not be able to meaningfully address the triple challenges that our country and people face; of unemployment, poverty and inequality without increased investment in critical areas of our economy.”

And how exactly is he doing this? For one, Ramaphosa is doing one thing that Zimbabwe has been consistently bad at for years; that is being consistent on policy and being predictable.

Said Ramaphosa: “It is for this reason that we have prioritised the restoration of a policy and regulatory environment that is stable, consistent, predicable and conducive to attracting investment in South Africa.”

This has meant taking actual steps on changing laws, sticking to them, and not just talking about doing so.

“We have taken decisive steps to ensure policy certainty in areas that had been a hindrance to investment. Amongst these was the move to speed up the finalisation of our transformative mining charter, which deals with the regulatory architecture of our mining industry and number of other regulatory frameworks.”

In contrast, while having won praise for ditching the badly structured indigenisation law, Zimbabwe is still to decide on a new mining policy. Last year, Mnangagwa rejected a widely criticised amended Mining and Minerals Act, but no steps have been taken since to replace it with a better piece of legislation in order to give investors clarity.

Recent fiscal and monetary policy statements have added to the uncertainty.

While Zimbabwe has talked up a storm about ease of doing business reforms, proposed legislation has taken longer than investors are willing to wait for.

Ramaphosa, who said such reforms were necessary to make business work for the two economies, said of his own reforms: “We have further recognised the challenges raised with us by investors, including among other things, our visa regime, administered prices for ports, rail and electricity, the cost to communicate as well as infrastructure bottlenecks.”

As for investment, both Mnangagwa and Ramaphosa are taking about billions. But only one of them seems to have an actual game plan. Ramaphosa aims to attract $100 billion in foreign direct investment over the next five years. While Mnangagwa has been lethargic about how exactly he wants this to happen, Ramaphosa showed that one actually needs a strategy.

“To this end,” Ramaphosa said, “I have appointed four investment envoys tasked with traversing the length and breadth of our country and, indeed, the world to mobilise investment to South Africa.”

He added: “As a result of these efforts, South Africa is firmly on a path of growth and renewal.”

In contrast, Mnangagwa’s speech at the same event was thin on detail on how he too is making his investment dreams a reality. A reflection of the focus of those still around him, his speech gave needless prominence to lofty political issues.

While Mnangagwa in his speech, to his credit, talked about simplifying and rationalising investment rules, he yet again lost an opportunity to break this down into what his government has actually done, or is doing; from special economic zones, the work towards a Zimbabwe Investment Development Agency and other measures.

In the end, just like in 2016, it may well have been a read-between-the-lines lecture, delivered on the down-low, from one comrade to another, but this leadership thing is about substance over rhetoric. — newZWire

The post Ramaphosa’s message to ED  appeared first on Zimbabwe Situation.