Law & Order: Criminal Intent

The Wall Street Journal reported on May 28, 2010 that “Abbey Chikane, the Kimberley Process monitor for Zimbabwe, said he will recommend that diamonds from Zimbabwe's Marange field be sold as certified, conflict-free diamonds.”

On May 6, 2010 Mr Boaz Hirsch of the Kimberley Process in Israel in a letter to KP member states, expressed concern over diamonds from the Marange (Chiadzwa) area being exported out of Zimbabwe using falsified Kimberley Process documents. He makes no mention of what course of action would be taken by KP to punish offenders. In 2008 Partnership Africa Canada and Global Witness “argued that the Kimberley Process should be more proactive in monitoring infringements, and tougher in curtailing this illicit trade. The situation today is getting worse.”

On June 26, 2009 Human Rights Watch reported that “Zimbabwe’s armed forces, under the control of President Robert Mugabe’s Zimbabwe African National Union–Patriotic Front (ZANU-PF), are engaging in forced labour of children and adults, as well as torturing and beating local villagers on the diamond fields of Marange district. The military seized control of these diamond fields in eastern Zimbabwe after killing more than 200 people in Chiadzwa, a previously peaceful but impoverished part of Marange, in late October 2008. With the complicity of ZANU-PF, Marange has become a zone of lawlessness and impunity, a microcosm of the chaos and desperation that currently pervade Zimbabwe.”

Mr Chikane’s decision and indeed that of the Kimberly Process was a kick in the face for the many women who have been raped and men who have been beaten and the 200 unidentified murder victims. On July 15, 2010 in St Petersburg KP Chair Boaz Hirsch described the Kimberly Process’ decision to allow the sale of Marange Diamonds as “a victory for the Kimberly Process”. Which Zimbabweans did the Kimberley Process invite to these negotiations? According to a KP press release “a senior delegation from the government of Zimbabwe, including Minister of Mining Obert Moses Mpofu, and Zimbabwe’s Attorney General, Johanne Tomama, travelled to St. Petersburg for the meeting” All are ZANU-PF agents handpicked by the despot Mugabe himself. Where pray-tell was the minister of Finance, the honourable “Tendai Biti”

Zimbabweans have lost faith in international organisations that help keep corrupt governments in power in exchange for diamonds. The once respected Kimberley Process has become a cog in the distribution of “blood” diamonds. By October 2010 there should have been money remitted to the treasury for the sale of these diamonds under the KP’s “watchful” eye. In January 2011 the minister of Finance’s ministry had not received any proceeds from the sale.

Where’s the money?

The Zimbabwean on April 15, 2011 reported that the Centre for Research and Development (CRD) said there has been a sharp upsurge in state-sponsored violence in the Marange area over the past five weeks and called on the government to immediately establish a special tribunal to deal with the resurgent human rights abuses. The CRD, headed by prominent diamonds researcher Farai Maguwu, said security forces have assaulted and tortured panners caught digging for diamonds.

The Centre for Research and Development strongly condemned the state sponsored violence in and around Marange diamond fields and calls on the Zimbabwe government to immediately bring to an end the human rights abuses taking place in Marange diamond fields and investigate state security agents that have been accused of committing human rights abuses in Marange diamond fields," the CRD said.

Reports from Human Rights organisations have highlighted the high level of state security in the Marange Chiadzwa area. How then were 2 foreigners Zohra Desai (53) and Prema Desai (49) able to get their hands on a 48 663-carat (9,72kg) consignment of rough diamonds valued at about US$2 million, sourced from Zimbabwe. They were caught trying to sell them in Surat the state capital of Gujarat in India and one of the world’s leading diamond trading centres. This is not this first time India’s Directorate of Revenue Intelligence (DRI) has arrested foreigners with diamonds from Zimbabwe. In December 2010 two Israelis were arrested at Ben Gurion Airport, Tel Aviv, in possession of rough diamonds worth $140 000 believed to be from Chiadzwa.  Could it be that these foreigners are on the payroll of some powerful politician with incredible access who wants to circumvent remittances to the treasury? Could the proceeds be used to buy weapons to kill & intimidate members of the opposition ahead of an election?

According to the Kimberley Process website, “The Kimberley Process (KP) is a joint governments, industry and civil society initiative to stem the flow of conflict diamonds – rough diamonds used by rebel movements to finance wars against legitimate governments.” By its own definition the Kimberley process cannot act against rogue governments if they appear “legitimate”.

Many commentators agree that Zimbabwe has sunk into the economic cow mire with the help of international organisations that choose to turn a blind eye to stark human rights abuses, when they hold the key to punishing the guilty. Respectable international organisations like the Kimberley Process that choose to go to bed with tyrannical governments with a poor Human rights record have contributed to the chaos and desperation that is Zimbabwe today.

Audrey Charowa

South East District Women's Congress

Vice Secretary

MDC Southend Hausunde

District Council Meeting | Saturday 30th April 2011

Notice is hereby given that there will be a

District Council Meeting on Saturday 30th April 2011. 

Branch Executives are invited to attend.   

Members and friends welcome!

Date:   Saturday 30th April 2011

Venue:  24 Briar Road, Romford, Essex, RM3 8AH

Time:   12pm to 5pm.

A New South East District, A New Beginning!!!   

Let’s all come and play our part in the struggle to

Liberate ourselves as a people. 

Jameson Mashakada

South East District Secretary 

MDC Southend Hausunde   

MDC Should Commemorate Not Celebrate Independence Day.

It was a bold decision taken by the MDC to boycott the burial of notorious and murderous CIO deputy director general Menard Livingstone Muzariri

Zimbabweans attending the independence celebrations should be well prepared for another vitriol of verbal abuse by the despot state President Robert Mugabe. The movement for democratic change must boycott such state functions as they have been monopolised and politicised by Zanu-PF. There is no reason of attending this year Zanu - PF organised Independence celebrations when the country' democratic space is continuously shrinking.

Honourable Thabitha Khumalo said the MDC cherished and respected Independence day commemorations, but have a huge political agenda problem. Zanu - PF dominates the proceedings and the uncouth language used over the years. “There is a world of difference between commemorating and celebrating an event”. People in the diaspora should draw a leaf from this. We are living in the comfort zone of the struggle when our brothers and sisters will be force marched by Zanu-PF thugs to attend such gatherings.

It will add insult to injury to celebrate on this day when our fellow members are being persecuted by the regime. We will send the wrong message to the international forum and will defeat the purpose the recently anti-violence demonstration held at the South African embassy in London

Stanford Biti

Chairman Southend On Sea

MDC Southend Hausunde

Disputed Election

Statement by Emily Tsungai Madamombe

Fellow Comrades, I would like to take this opportunity to thank you all very much for turning out in large numbers and for exercising your right to vote and elect a leader of your informed choice. I would like to thank all the members who expressed confidence in me as a potential leader and voted for me for the position of Provincial Chairperson for the UK and Ireland External Assembly. I would like to say that your votes were sufficient for me to have been declared your dully elected Provincial Chairperson but as we all know by now, this was not the outcome that was announced by the presiding officer National Chairman Honourable Lovemore Moyo. Those of you who were present at the time of announcement which was well after midnight know that the result was contestable right away. I also immediately challenged the announcement because the laid down procedures for dealing with disputes and challenges that were read out to us by the National Chairman before the election were not followed.

Further Developments:

Since Saturday, I have received offers of positions. Ladies and gentlemen, let me tell you that I considered all those options. Yes, there was an option to accept any of those positions and pretend that the injustices you suffered through the outcome of the elections did not take place at all. I would like to inform you that after extensive consultations and in line with your aspirations as voters, I made the decision that the campaign we all led was not a personal one. It was one for justice, transparency, accountability and most importantly, for the restoration of order and confidence in our party. On my part fellow comrades, this is not about political expedience or about getting a position through whatever means. This is about true democracy, the founding principle of the MDC Party. I feel that I cannot not accept the offers as this betrays my strong belief in the values and principles of our party of Excellence and my loyalty to you all.

The Way Forward:

While acknowledging that in any election there will be winners and losers, for me it is about how one wins or loses an election. Yes there are good losers and bad losers too. What I want to stress here is that when an election result is being disputed, one has a right to express their dissatisfaction with the process. That expression of dissatisfaction should not simply be dismissed as the actions of a bad loser by those who may have got into the positions illegitimately, as was pre-emptively announced by the National Chairman. As a contestant I have now taken the initial step to seek justice for myself and the people who voted for me. I have lodged with the Secretary General’s Office a notice of my intention to challenge the outcome of the provincial chairperson result and I will follow the due processes. It follows that while this result is being challenged, I have respectfully requested that Mr Tonderai Samanyanga should not be allowed to assume the position and role of the chairperson of the UK and Ireland External Assembly pending a full investigation and a satisfactory resolution into the matter. At this stage I would like to appeal for your co-operation and support in our collective effort to put an end to the culture of producing outcomes at elections that harbour serious legitimacy questions. This has been the cause for disunity within the province for years now and we cannot allow that to happen every time we hold elections. I appeal to our national Leadership to practice what we demand from Zanu Pf with regards to how our elections are conducted both at home and in the Diaspora.

Once again, I am humbled by your support and dedication to the struggle for a New Zimbabwe. I will remain a servant of the people and together we shall march into the Promised Land, a Free Zimbabwe.

I thank you.

Emily Tsungai Madamombe

Provincial Chairperson Candidate

Rigging And Vote Fraud

What happened in Leeds was sadistic and I do not think that it is a phenomenon that should ever exist in a modern Party like MDC if we are not careful we are slowly graduating into a mirror image of Zanu Pf. So let us reflect on what happened and we can rectify this culture that is being introduced into the Party. The evidence one can require is in full existence, below are the snippets what evidence exists and conceptual framework of electoral fraud.

There are three types of evidence:

- Direct evidence,

- Circumstantial evidence

- Testimonial evidence. 

Direct Evidence is evidence which would directly illustrate a point in controversy. In our case election results secretly announced, then changed 1) the winner lost the election 2)

that the winner was made to lose by this calibre of a Presiding Officer who decided to steal the voices of the general membership. Under this there is a whole lot of evidence such as

election process, environment, electoral authority, role of interested parties and delegate essential information

Circumstantial Evidence is evidence which allows a trier of fact for an inference to be drawn from it that tends to prove a point in controversy. An example of circumstantial evidence would be the following: I see a person who is not a delegate voting or the votes were counted then later changed. I go away. I come back the next two and my votes changed to lesser number. The lesser votes on my vote totals allow us to infer that votes were stolen fraudulently while I was away. Evidence in this respect includes voting and counting operation, release of election results, electoral grievance adjudication, agents and voter lists as required by our constitution

Testimonial Evidence is the statements made or admitted in courts which tend to prove a material fact. Testimonial evidence may encompass either direct evidence or circumstantial evidence or may have aspects of each. Additionally, certain types of evidence such as character evidence, opinion evidence, habit evidence, and hearsay evidence are usually introduced through testimonial evidence. This includes characterisation for example Moyo's

speech which was decisive rather than uniting and insulting the very member who is the backbone of the Party. 

All the above are evidence admissible in any court of law. The Presiding officer has a case to answer forget the name of the Party but think about the snobbish culture that is being

estranged in the Party and we do not want in any measure or form this culture that is stealing an internal election. We will also need to understand the dimensions and conceptual framework of fraud for it does not only happen in Zanu PF it was very evident at our own MDC Congress aided by those people that claim to be our leaders. As members we have a common duty here to stop this cancer for good!!

Election rigging refers to electoral malpractices which are palpable illegalities committed with a corrupt, fraudulent or sinister intention to influence an election in favour of a candidate(s) by means such as illegal voting, bribery, treating and undue influence, intimidation and other acts of coercion exerted on voters, falsification of results, fraudulent announcement of a losing candidate as winner (without altering the recorded results). Electoral practices are to be distinguished from mere electoral irregularities which relate to non-compliance with prescribed procedure at election, like late commencement of polling, polling outside the statutorily stipulated time, late delivery of electoral materials. Electoral malpractices and electoral irregularities differ not only in their nature but also in their legal consequences; whilst the latter do not, in general, invalidate an election, the former emphatically does. Every bit of the above was experienced in Leeds. By its nature, election rigging, particularly of the massive kind alleged to have been perpetrated during the 2 April 2011 MDC UK and Ireland Congress, is a subversion of the

MDC Constitution and of the democratic form of governance instituted by the MDC Constitution; as such, it is treason, albeit not in the technical, narrow sense defined in the

Criminal Code and even the MDC’s code of ethics and values. It is robbery of the right of the people to participate in their own governance; or, in Wole Soyinka's more telling metaphor,

"the stealing, the theft, of their voices". It is therefore the gravest offence that can be committed against the MDC Constitution and its wider membership by enforcing arranged

victories by losers. It is thus something of an irony, a mocking irony that a call should have been made for the arrest for treason, not of those guilty of the massive rigging being

complained of, but of those making the complaint and calling on the membership to protest against it. 

So the evidence so required is there but these pressure points as highlighted below are important. Some might come with the mythology of protection the name of the Party, yes I agree but

we should never compromise our ethics and values. What we experienced in Leeds is not only a grievance, discrepancy or a dispute but it is a brutal electoral fraud that mirrors the

African birth right, for we are failing to shake it. For how long shall we keep quiet and here are the memories:

- Funds laundered during Chawora Executive and the report was suppressed

- Recently Funds disappeared in MDC account and the membership was never informed. 

Is this then the measured leadership that is required to run the affairs of this Province? For the current one, if the membership knows this then then the credibility will vanish like thin air.

Godfrey Magwindiri

MDC Birmingham