Bail application for CiZC Chairperson postponed to Thursday 07 March 2019

The bail application for Crisis in Zimbabwe Coalition Chairperson, Rashid Mahiya, who is facing charges of plotting to overthrow the government will be heard at the High Court on Thursday 07 March 2019. The bail application has been postponed for the third time after the state failed to make submissions. Source: Bail application for CiZC […]

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The bail application for Crisis in Zimbabwe Coalition Chairperson, Rashid Mahiya, who is facing charges of plotting to overthrow the government will be heard at the High Court on Thursday 07 March 2019. The bail application has been postponed for the third time after the state failed to make submissions.

Source: Bail application for CiZC Chairperson postponed to Thursday 07 March 2019 – The Zimbabwean


Rashid Mahiya

Mahiya’s lawyer, Tonderai Bhatasara from the Zimbabwe Lawyers for Human Rights launched the High Court bid after Mahiya was denied bail during his initial court appearance on February 26, 2019. The High Court bid was submitted on 27th February and to date the state has failed to make submissions with the High Court on the matter

Mahiya, who is being charged for subversion as defined in Section 22 (20 (a) (i) of the Criminal Law (Codification and Reform) Act had surrendered himself to the police on February 25, 2019.

The State alleges Mahiya held a series of meetings between December 3-6 2019 during which he urged members of Non Governmental Organizations and the general citizenry to engage in acts of sabotage.
Mahiya’s arrest follows a sustained attack on civil society leaders and labour in what appears as a well choreographed campaign to criminalise human rights in Zimbabwe.

Over the past two months Zimbabwe has witnessed a systematic closure of the civil society space and criminalization of their work as evidenced by the following:

i.        The arrest and detention of Pastor Evan Mawarire on January 16, 2019. Mawarire is facing charges of subversion

ii.        The arrest of Japhet Moyo, the Secretary General of the Zimbabwe Congress of Trade Unions on January 21, 2019. Moyo is facing charges of inciting public violence and subversion

iii.        The arrest of Peter Mutasa, the President of the Zimbabwe Congress of Trade Unions on January 25, 2019. Mutasa is facing charges of treason

iv.        The abduction and detention of Obert Masaraure the President of the Amalgamated Rural Teachers Union of Zimbabwe on January 18, 2019. Masaraure was abducted in front of his family by armed men. He was later handed over to the police

v.        The arrest of Robson Chere, the Secretary General of the Amalgamated Rural Teachers Union of Zimbabwe on January 15, 2019

vi.        The abduction and torture of the Zimbabwe Youth Alliance Chairperson, Kumbirai Magorimbo on January 22, 2019

vii.        The attack on the Zimbabwe Lawyers for Human Rights for providing legal representation to affected human rights defenders and other citizens

viii.        The attacks on the Zimbabwe Doctors for Human Rights for providing emergency treatment to victims of torture as well as for documenting cases of army shootings

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Political tags bad for local music

Source: Political tags bad for local music – NewsDay Zimbabwe March 6, 2019 Winky D and Jah Prayzah SOUND TRACK: KENNEDY NYAVAYA DURING January’s bloody political protests, this reporter had a conversation with Winky D’s manager, Jonathan Banda, who at the time, sounded very worried about the safety of his artiste as the politically volatile situation […]

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Source: Political tags bad for local music – NewsDay Zimbabwe March 6, 2019

Winky D and Jah Prayzah

SOUND TRACK: KENNEDY NYAVAYA

DURING January’s bloody political protests, this reporter had a conversation with Winky D’s manager, Jonathan Banda, who at the time, sounded very worried about the safety of his artiste as the politically volatile situation unravelled.

Banda’s fears had been prompted by threats of violence towards the dancehall singer that saw him prematurely dump a show in Kwekwe.

Weeks prior to our engagement, machete-wielding assailants, believed to be linked to Zanu PF in the Midlands had promised to mete out punishment on Winky D for releasing Kasong Kejecha – a track perceived to back opposition politics, particularly MDC Alliance.

This was not his first time singing lyrics that are politically relatable, but a hostile reaction leading to the abortion of a show “for the first time”, according to Banda came as a surprise and a solid statement of the perturbing times we are in.

The nation is now effectively at a point of outright polarisation along political lines, a phenomenon that has not spared the musicians and their work.

Mainly affected by this is, arguably the two biggest music brands in the country, Winky D and Jah Prayzah, who have been grouped as opposition and pro-government, respectively.

For Jah Prayzah, the effects of this schism are more recent and have resulted in massive cyber-bullying as well as attempts to “mute” his music by a section of those that assume he is an agent of the Zanu PF government.

Despite the artistes’ teams being at pains to declare their apolitical status, armchair analysts appear to think there is a political message to be deduced from anything, including love punchlines.

“We are not political, I don’t know how many times Jah has said he is apolitical and never wants to be involved in politics,” reiterated Keen Mushapaidze, the singer’s manager, recently.

Banda has preached a similar gospel, but there are no takers as the imaginary musical standoff apparently tickles the fancy of a politically divided citizenry, mused in the belief that all things are now politically divided into two sides.

Equally, this has subsequently shaped an imagined fissure between the two artistes similar to the one created between Chimurenga musician Thomas Mapfumo and the late jazz crooner Oliver Mtukudzi, except that the latter’s beef was purely founded on musical grounds.

Competition may be a great stimulant for the industry to encourage production of exceptional work, but history proves that it is best kept clear of external forces, especially politics.

In the past, musicians’ careers, even those undoubtedly talented, have failed to outlive the toxicities of political configuration due to the potential abhorrence one could attract when aligning to a particular side.

Leonard Zhakata, the late Andy Brown and even Mapfumo are testament to this.

It is sheer sabotage because artistes’ clout is determined by fluid appeal across the spectrum and taking sides jeopardises the influence of their work.

The ripple effects are far reaching and go beyond local confines, where they would struggle to make impact without significant local followership, which also means stunted growth for the local industry.

Added to it, the current scrutiny of lyrics by politically inclined critics will surely make artistes, even beyond Winky D and Jah Prayzah, think twice before taking a song to the studio booth.

That renders a big blow, not only to freedom of expression, but artistic liberty and it signals the beginning of an era of self-censorship and suppression of ingenuity among the country’s creative community.

Essentially, comparing Jah Prayzah and Winky D may be a normal thing to do for many, as both of them are at the top of their game, but that debate is healthy if it remains confined to music and not politics, after all one is an art, yet the other is a dirty game of power retention.

Music lovers should snap out of politically branding artistes and appreciate music for its true worth. Comparing the two is yet another waste of time, because not only is their sound distinct, but the execution of their work is worlds apart.

 

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Managers can form unions: Supreme Court

Source: Managers can form unions: Supreme Court – NewsDay Zimbabwe March 6, 2019 BY CHARLES LAITON The Supreme Court has delivered a landmark ruling allowing managers to unionise, paving way for the registration of the Banking and Finance Manager’ Union of Zimbabwe (BFMUZ) to form a union. The judgment was delivered by Supreme Court judge […]

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Source: Managers can form unions: Supreme Court – NewsDay Zimbabwe March 6, 2019

BY CHARLES LAITON

The Supreme Court has delivered a landmark ruling allowing managers to unionise, paving way for the registration of the Banking and Finance Manager’ Union of Zimbabwe (BFMUZ) to form a union.

The judgment was delivered by Supreme Court judge Justice Bharat Patel, sitting with justices Ben Hlatshwayo and Anne-Mary Gowora in a matter involving the Bankers’ Association of Zimbabwe (BAZ) and the BFMUZ.

It follows an appeal by BAZ after the Labour Court ruled in favour of the bank managers, who had petitioned the court, through BFMUZ, seeking to be allowed to join and establish their own trade union.

BAZ, however, appealed to the Supreme Court arguing that the Labour Court had erred in allowing BFMUZ the right to form a trade union since it was not allowed to be registered as a trade union by virtue of section 45(1)(b) of the Labour Act and in terms of public policy.

But in its judgment, the court said: “The Labour Court was eminently correct and justified in concluding that the registration of the first respondent (BFMUZ) would not be against public policy, but would instead enhance justice and the public interest.”

Justice Patel said with particular reference to section 45(1)(b)(i), the Minister (of Labour) made it clear that the provision was to be amended because it was inconsistent with the Constitution to the extent that it barred managerial employees from belonging to a trade union.

“The court aquo (Labour Court) in endorsing the determination of the Registrar, also had regard to the same rationale underlying the amendment of section 45(1)(b(i). There is no doubt that both the Registrar and the Labour Court were entirely correct in taking that approach,” Justice Patel said.

In answering the question of public policy, Justice Patel said he concurred with BFMUZ’s lawyer advocate Thabani Mpofu, that measures had already been put in place to ensure that BFMUZ’s members would continue to observe their dual role of being employees in their own right and at the same time representing and promoting the interest of employers.

“Any manager who fails to perform his duties within the bounds of confidentiality will obviously be disciplined in terms of the lawful mechanisms available to the employer. Having regard to my observation and conclusions above vis-à-vis the right to unionise under the Constitution and the Labour Act, I see no cogent reason to disagree with the first respondent’s (BFMUZ) submissions in this respect,” the judge said.

“Given all of the foregoing, it seems to me that public policy considerations would militate radically against compelling managerial staff to belong to the Banking Employees’ Association of Zimbabwe (BEAZ). On the contrary, they weigh heavily in favour of managerial employees being allowed to establish and join their own particular association in the shape of BFMUZ.”

The judge also said there can be no doubt that a managerial employee is an employee for the purposes of an employment code of conduct that is expressly made applicable to all employees.

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I will not stop what I’m doing even if I get arrested: Dumped man posts ex girlfriend’s nudes online

A HARARE man allegedly leaked his ex-girlfriends n_ude photographs out of spite, after she had broken up with him. Revenge p_orn by angry lovers has become a common feature on socia medial. In an interview with the H-Metro, Thabo Ndlovu (27) admitted t…

A HARARE man allegedly leaked his ex-girlfriends n_ude photographs out of spite, after she had broken up with him. Revenge p_orn by angry lovers has become a common feature on socia medial. In an interview with the H-Metro, Thabo Ndlovu (27) admitted to circulating the n_ude photographs & videos on social media, commenting that his […]

Millers threaten to sue ZBC scribe over report

Source: Millers threaten to sue ZBC scribe over report | Newsday (News) BY DESMOND CHINGARANDE THE Grain Millers Association of Zimbabwe (GMAZ) has written to the Zimbabwe Broadcasting Corporation (ZBC) senior journalist Judith Makwanya disputing a televised report that milling companies were spinning central bank-issued foreign currency on the parallel market. Makwanya on February 26 […]

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Source: Millers threaten to sue ZBC scribe over report | Newsday (News)

BY DESMOND CHINGARANDE

THE Grain Millers Association of Zimbabwe (GMAZ) has written to the Zimbabwe Broadcasting Corporation (ZBC) senior journalist Judith Makwanya disputing a televised report that milling companies were spinning central bank-issued foreign currency on the parallel market.

Makwanya on February 26 this year reported about one Douglas Kwande, a local farmer from Gweru who was said to be in the business of baking bread using locally-produced wheat.

However, the GMAZ dismissed the allegations that there were milling companies that were reluctant to support wheat producers and that they were receiving or requesting foreign currency from the central bank, which they allegedly spin on the black market.

GMAZ instructed their lawyers Wintertons Legal Practitioners to demand further particulars in the form of specific names of the milling companies that were selling foreign currency on the black market, the exact black market dealers who have dealt with milling companies and the names of wheat producers who have requested for support from the alleged milling companies.

“We are instructed to demand the supply of the requested information within five working days of your receipt of this letter, failing which we have standing instructions to institute legal proceedings against you in your personal capacity for possible injury and possible harm to the reputation of milling companies currently operating in Zimbabwe,” the lawyers said.

The letter was served to Makwanya on March 1 and she is yet to respond to the letter.

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