GIRLS OUTPERFORM BOYS AT A LEVELS

Girls outperformed boys in the November 2015 Advanced Level examinations in all the country’s 10 provinces, results released by Zimsec last week have shown. The results also show Harare leading the pack in the national examination with Matabeleland North coming last.
According to the statistics, Harare recorded a 96.8 percent pass rate for female candidates, against 79.7 percent for their male counterparts.

In second place is Mashonaland East Province with a 94.2 percent pass rate for female candidates against 90,4 percent for males. Masvingo Province came third with a 93.1 percent for females while male candidates scored 90.4 percent.

In fourth position is Mashonaland Central Province where 92.7 percent of girls passed against 87.1 for boys. Manicaland Province is in fifth position with a 91 percent pass rate for girls, against 87.6 percent for boys, while in Mashonaland West Province girls scored 89.4 percent against 83.4 percent for boys.

In seventh position is Midlands Province where 88.7 percent girls passed, against an 83.1 percent pass rate for boys. On position eight is Matabeleland South Province with 88.4 and 83.1 percent pass rates for female and male students, respectively.

Bulawayo Province is on position nine with 86.5 percent of girls passing against 80.7 percent for boys. Matabeleland North occupies the last position at 83.6 for girls, against 76.5 percent for boys.

In an interview, educationists and gender activists said the trend showed the government efforts at empowering the girl child were bearing fruit.

“Firstly, as the government we’ve just done tremendously well in terms of promoting the girl child.
“All our programmes emphasise that the girl child should have the same opportunities as the boy child. In a way, the outcome of the results also says that girls tend to be more focused than boys,” said Primary and Secondary Education Deputy Minister Professor Paul Mavhima.

“We are busting the myth which used to say that we should promote men into positions of authority as we are realising that girls can be able to focus as confirmed by their good results.
“The results are also a reflection of government policy of promoting the girl child,” he said.
Prof Mavhima said the government would like to see girls improving in Mathematics and Science subjects in future.

Women’s Coalition of Zimbabwe Chairperson Virginia Muwanigwa echoed the same sentiments.

“This goes to show that there is something happening in our system as regards the awarding of equal opportunities in the learning environment, which then makes it possible for the girls to excel in their studies.

“What I know is that if equal opportunities are given to both girls and boys there should be no reason why girls can’t do just as well as the boys because it’s not a biological issue, but an issue of opportunities being availed,” she said. herald

GIRL RAPED AFTER CHURCH SERVICE

TWO teenagers from Binga have been arrested for allegedly taking turns to rape a 16-year-old girl at night after a church service.

 Ndubeko Mwembe, 18, Kampandu Village and a 15-year-old boy from Sialozi Village both under Chief Dobola, in Kariangwe, Binga, appeared before Hwange regional magistrate Dambudzo Malunga yesterday.

Mwembe faces two counts of rape while his partner in crime faces one. The two denied the charges and were remanded in the custody of their parents to today for continuation of trial.
Mwembe and the 15-year-old boy are friends and allegedly pounced on the girl when they spotted her walking home along a path with her cousin who later fled and informed the girl’s mother.

Prosecuting, Tawanda Sigauke said the rape allegedly occurred on December 7 last year.
“On December 7 last year at around 8PM and at Kampandu bush, the complainant and her cousin were walking home from a church service. They were approached by the two accused persons who grabbed the girl by the hands. The complainant’s cousin fled and went home to inform the complainant’s mother about what had happened.”

The court heard that Mwembe and his accomplice tripped the girl and pulled her into the bush.
They allegedly took turns to rape her while pinning her down.

NO MONEY FOR NEW CARS FOR MPs

Parliament is struggling to secure more than $1,2 million to buy all-terrain vehicles for about 35 recently sworn in Members of Parliament, five months after the legislators assumed office through by-elections and proportional representation.

The lawmakers assumed office last year following the recall of 21 MDC-T legislators while others took office because of expulsion of some Zanu-PF legislators who were said to be supporters of deposed Vice President Joice Mujuru.

Mujuru was fired from both Zanu-PF and the government after she was implicated in a plot to assassinate President Mugabe among an array of other vices.

Others replaced those that had died while others went into office to replace Vice President Emmerson Mnangagwa and former Vice President Mujuru who ceased to be Members of Parliament after they were elevated to be Vice President respectively at various intervals.

Since their swearing in, most of them were using their own vehicles despite the fact that the bulk of legislators took delivery of parliamentary vehicles during the commencement of First Session of the Eighth Parliament that came into effect after the July 2013 harmonised elections.

Clerk of Parliament, Kennedy Chokuda confirmed the failure by Parliament to secure vehicles for the new legislators.

“We’ve not yet provided some MPs with vehicles. We give each of them a maximum of $35,000 for a vehicle. We’ve an obligation to provide them with the vehicles but we are still hamstrung by financial resources because Treasury has not made disbursements to that effect,” said Chokuda.

Most Members of Parliament in the current session took delivery of Ford Ranger off road vehicles as part of a fulfillment of parliament’s vehicle loan scheme.

The legislators are not allowed to sell the vehicles before the expiry of their term as it is meant for easy mobility in their respective constituencies and attending parliament sittings.




Meanwhile, Parliament has instituted proceedings against expelled legislators to repay vehicle loans extended to them before their ejection.


Parliament administration has since written to the MPs informing them about their indebtedness arising from the vehicles that they took delivery of and were yet to pay.

THREE SONS EVICTED FROM PARENTS' HOUSE

A Harare magistrate has ordered the eviction of three men aged between 27 and 33 from their parents’ Mbare house to free the elderly couple from abuse.

Mr Simon Nhenda and his wife were finally set free by the eviction order granted by magistrate Ms Nomsa Sabarauta after enduring decades of abuse at the hands of their three children – Christopher (33), Wadzanai (30) and Finish (27).

Christopher was resisting eviction arguing that he had assisted his parents to extend the Mbare property. He also filed a counter-claim for $5 000 compensation from the parents for the developments he made at the parents’ house.

However, the court granted the eviction order against the three men and threw out the counter-claim. Harare lawyer Mr Maxwell Mavhunga of Mavhunga and Associates represented Mr Nhenda while two of the defendants — Finish and Wadzanai — decided not to oppose the application.

In his affidavit of evidence, Mr Nhenda said his sons were in the habit of abusing him and his wife to an extent of wishing him dead. “If we had lived peacefully and harmoniously, I would have not taken this course of action but the defendants are a nuisance.

“They drink illicit brews and beer and once they are drunk, they verbally abuse me and their mother to the extent of calling me a witch.

“The first defendant (Christopher) even queried why I was not dying when most of the neighbours of my age were now deceased,” said Mr Nhenda. Mr Nhenda said he arrived at the decision to evict the trio after consultations with his wife, who is also their biological mother.

He added that the three were now adults and they should now start fending for themselves.
“I must hasten to state in my claim that I have the blessings of the defendants’ biological mother whom I live with and has had to endure a torrid time at their hands.

“I requested that the defendants as adults should vacate the house and fend for themselves and leave me and their mother but they flatly refused to do so,” said Mr Nhenda.
Mr Nhenda opposed Christopher’s counter-claim arguing that he never asked him to contribute towards the extension of the house.

“I did not ask him to do the extension as it was part of his social responsibility to us as his parents. In the same vein, would it also make sense for me to demand rentals for the whole period that they have stayed at my house?” queried Mr Nhenda.

Christopher, in his plea, vowed not to leave the Mbare house until he gets compensation for the contribution he made towards the extension of the property.
He argued that his father was approaching the court with dirty hands since he needed to first compensate him. herald

MY HUSBAND IS A SEX MANIAC

A Harare man reportedly gave his wife a thorough hiding after she denied him sex. William Madanire allegedly demanded the money he paid as lobola from his wife Diana saying the money was meant to buy sex.

Diana told Harare Civil Court magistrate Ms Gamuchirai Siwardi on Monday that William sexually abused her and would force her to bed him or risk being assaulted. She was seeking a protection order against William.

“He assaults me and is forcefully having sexual intercourse with me even when I am not in the mood,” Diana said. If I refuse he assaults me and demands the money he paid as lobola saying he paid the money so that he would have sex whenever he wanted. He also assaults me in front of our children. He once followed me to church and assaulted me in front of the congregation.

“He even assaults me for refusing to give him money to buy cigarettes and he insults me using obscene words. I want the court to stop him from assaulting me especially for refusing to have sex with him because he sexually abuses me,” she said.

William did not oppose his wife’s application for a protection order but told the court that he no longer abused her. “I am not opposed to her application but some of the things she is saying happened a long time ago,” he said. “I have never abused her this time.” Ms Siwardi ordered William to stop sexually abusing his wife and respect her as his wife.

GOVT PROBES CHEFS AS DEMOLITIONS CONTINUE

Government is investigating the authenticity of letters that reportedly emanated from its offices and the Civil Aviation Authority of Zimbabwe (CAAZ) authorising Nyikavanhu Housing Co-operative to build houses on land earmarked for the expansion of Harare International Airport.

 This comes after several Government officials were sucked into the Arlington Estate saga where Harare City Council is demolishing houses built on land reserved for the expansion of Harare International Airport.

Responding to questions on the legality of the settlement and authenticity of documents in The Herald’s possession at a Press conference yesterday, Secretary for Local Government, Public Works and National Housing Engineer George Mlilo said he was still to get a briefing from the officials implicated.

“We are looking into the matter with a view to establishing the authenticity of those letters. I will be getting in touch with the officials who are said to have issued the documents. With the advancement in technology, you cannot tell whether the documents are fake or original,” he said.

Quizzed further on Government’s position on the settlement, Eng Mlilo accused reporters of creating a scene.
“You are now creating a scene,” he said.

According to a letter reportedly written by Harare provincial administrator Mr Alfred Tome dated April 4, 2013 to Nyikavanhu Housing Co-operative, that clearly indicates that it originated from his office, complete with a date stamp, the land was legally offered to the cooperative for housing development.

Mr Tome has however, since distanced himself from the letter.
CAAZ, in a letter written by acting director of airports Ms Priscilla Mawire, cleared the subdivision of the farm for residential stands.

Ms Mawire has now also distanced herself from the letter.
The ministry’s Deputy Minister Cde Christopher Chingosho said Government was concerned with the sprouting of illegal settlements and the resultant demolitions.

“As a ministry, we are striving to facilitate the provision of decent and affordable housing to the populace. In this regard, we have created a conducive environment through flexible policies for every actor to participate in human settlement development. We want to bring back sanity in the housing delivery sector as we work towards reducing the huge national housing backlog,” he said.

“Government has instituted a moratorium on all land allocations to so-called land developers as policy. We shall be utilising the Urban Development Corporation for all developments on State land,” he said.

He said local authorities had been directed to ensure their development control units played an active role in enforcing the law in terms of their by-laws.

He urged actors involved in the production of residential layout plans and subsequent approvals to quicken the process to avoid the emergence of illegal structures on yet-to-be-planned residential land.

“In the same vein, let me warn the planning fraternity to desist from producing layout plans for individuals who do not provide proof of ownership of the land they wish to build on.

“We will not hesitate to advocate the de-registration and prosecution of all those found to be doing so as they create an avenue for the fleecing of unsuspecting members of public,” he said.

Meanwhile demolitions continued yesterday at Arlington Estate after Monday’s weather conditions halted progress.

An estimated 60 houses were demolished in a bid to bring order to the Arlington area.
Most of the residents of Arlington have since moved to Stoneridge where a re-allocation exercise has been put in place by Government.

A section of residents have however opted to stay in Arlington claiming they have been purposefully overlooked while some residents say they cannot move to Stoneridge because of financial challenges.

Other residents claim the re-allocation process has been marred by corruption through double allocations. herald

EX MINISTER IN COURT

Former Education, Sport and Culture minister and Mashonaland East governor Cde Aeneas Chigwedere has appeared at the Harare Civil Court over witchcraft claims by his son, Magwiza Chigwedere.

However, resident magistrate Mr Brighton Pabwe referred the matter to Marondera Civil Court saying the Harare court has no jurisdiction over issues that happen in Marondera where both parties reside.

He dismissed the matter and ordered Magwiza to approach the Marondera court if he wishes to pursue the matter.

MUGABE DESERVES A SECOND TERM AS AU CHAIR, SAYS ZANU PF

Zanu PF says President Mugabe deserves a second term as chairman of the African Union.

The Parliamentary Portfolio Committee on Foreign Affairs says African ambassadors and African Union (AU) commissioners based in Ethiopia also want Mugabe to be given a role to guide the current crop of African leaders in fulfilling outstanding goals of the AU.

Chairperson of the portfolio committee, Kindness Paradza led a Zimbabwean delegation to Ethiopia recently on a fact finding mission and reported on his return that President Mugabe's leadership is admired by the AU staff.

"The majority of African ambassadors in Addis Ababa and AU commissioners had a consensus that if it was possible, President Mugabe would be given a second term as chairman or assume any other supreme role to fulfill the Pan-African vision of the continental body," he said.

Cde Paradza added that Cde Mugabe was credited for successfully spearheading a number of initiatives which brought back the AU union on the world map in areas such as health where he chaired the Ebola high level conference to curb the epidemic, the Sino-Africa Summit and led the AU to effectively deal with conflicts arising in Africa.

President Mugabe will hand over the AU chair at the forthcoming summit to be held in Addis Ababa this week.

RWANDAN REFUGEE GETS 25 A LEVEL POINTS

A 19-year-old refugee from Rwanda has defied odds by scoring 25 points in ZIMSEC Advanced level axaminations.

Jeanmarrie Uwimana, who wrote Mathematics, Further Mathematics, Accounting, Physics and Chemistry examinations, was the best student at Nyanga High School.

Born in the DRC to parents of Rwandan origin, the young man never dreamt that Zimbabwe was going to be his home.

After receiving his primary education at Tongogara Refugee Camp in Manicaland province, Uwimana now boasts of 25 points at Advanced level.

The 19-year-old, who is now focusing on studying Actuarial Science, owes his achievements to Zimbabwe for accommodating his family as refugees since the year 2000.

The last born in a family of 11, Uwimana said being a refugee in Zimbabwe opened endless opportunities for him as he was assisted to get school fees through the United Nations High Commission for Refugees.

TEACHERS PETITION MNANGAGWA

Teachers have petitioned Vice President Emmerson Mnangagwa to intervene and halt the government’s recall of teachers on vacation.

Progressive Teachers Union of Zimbabwe (PTUZ) said it was seeking an urgent meeting with the VP, and hopes it may stop the “victimisation” that teachers are being subjected to.

A fortnight ago, government sent out a circular to all schools directing that teachers on vacation report to their stations for a head count by the Civil Service Commission.

The logic behind the recall was to ascertain if those on leave were bona fide employees not ghost workers.

In an interview with the Daily News yesterday, PTUZ national coordinator Ladistous Zunde said they hope Mnangagwa would restore sanity.

“Maybe he (Mnangagwa) will intervene in our plight,” Zunde said.

“Government cannot just disregard a legal directive set out in Statutory Instrument (SI) 1 of 2000 which clearly states that teachers are entitled to their vacation.

“If they had revised the SI, we would not even be complaining but that was not the issue. Government is breaking the law and that is not acceptable.”

He said government promised them various non-monetary incentives but to date nothing has materialised.

Zunde said apart from seeking an audience with Mnangagwa, they also filed a lawsuit against government protesting against the recall.

According to the union, government has lost money “auditing and recounting us using fake, uncouth inspectors who are actually ghost workers themselves.

“If by now they don’t have the real staff complement under their employ then they must resign en masse,” PTUZ said.

“We are surprised that the same people have the audacity to blame parastatals of mismanagement when they equally are just as bad.”

Last week, Zimbabwe Teachers

Association (Zimta) issued a statement saying they were challenging the government in court.

“Zimta advises all teachers on leave not to report to work until proper procedures, such as inviting individuals back to work using individual letters, have been followed,” the union said.

Zimbabwe Democratic Teachers’ Union and Rural Teachers Union of Zimbabwe also threatened to demonstrate against the recall.

MINISTERS SAVAGE VERDICT

The outcome of the Zanu PF Midlands provincial hearings into allegations of harassment of ministers by party officials linked to Vice President Emmerson Mnangagwa’s faction have been described as “shamelessly partisan”.

This was said by the three ministers at the heart of the matter — Makhosini Hlongwane, Tapiwa Matangaidze and Annastancia Ndhlovu — in a joint statement they released yesterday in response to the verdict of the hearings in which Gokwe Nembudziya MP Justice Wadyajena, provincial youth leader Edmore Samambwa and Gokwe-Kana MP Owen Mudha Ncube were acquitted of the harassment claims.

The three ministers, initially seen as close to Mnangagwa, are now linked to the party faction known as the Generation 40 (G40), which is said to be rabidly opposed to the embattled VP succeeding President Robert Mugabe.

In their statement, they contended that the Daniel Mackenzie Ncube-chaired disciplinary committee had in fact lied to the nation that it had conducted disciplinary hearings into the matter. The trio said the process had been “heavily flawed as no prohibition orders were issued against the accused persons as required by the Zanu PF constitution”.

They also allege that the committee was deliberately stuffed with officials loyal to Mackenzie Ncube and Zanu PF deputy secretary for administration July Moyo, who they accuse of being behind their alleged “persecution”.

“If the committee has concluded the hearings can it tell the nation, instead of engaging in cheap propaganda, where it carried out its investigations. Did it go to Mberengwa, Mataga for example?

“Did they talk to witnesses who were in Victoria Falls during the pre-budget meeting for example? Did they speak to minister A Ndhlovu? In short, did they conduct an inquiry to establish the facts and where did they do so?” they charged.

They also produced a recording of the meeting’s proceedings in which they were called by the committee to “an information gathering platform” where the committee chairperson told them “we are going to invite you to submit your evidence and bring your witnesses”.

The ministers allege that Ncube revealed, at party meetings held on January 20 and 21 in Kwekwe and Gokwe South respectively, that he and his co-accused were “untouchable”, as they had the committee chairperson on their side.

“Clearly, the accused must answer for their sins, including the claim that our appointments were G40-motivated. We therefore dismiss this charade with the contempt it deserves, and we have proceeded to launch an appeal with the national disciplinary committee,” they said.

BROKE MDC GOES BEGGING

FORMER Prime Minister Morgan Tsvangirai’s MDC-T is deeply in the red and early this month extended a begging bowl to a group of diplomats, commonly known as the “Fishmongers”, seeking money to oil its administration, NewsDay has learnt.

Sources within the opposition party said the MDC-T is in a precarious financial position.

“The situation is really bad at Harvest House (MDC-T headquarters). There is no money and for some time now, workers have not been paid. This is despite the fact that in the past year or so since the 2014 October congress, the party has raised over $1,2 million,” a well-placed party insider said.

“However, that money cannot be accounted for and now the party wants donors to chip in with assistance.”

Diplomatic sources in Harare last week said a team from the MDC-T led by secretary-general, Douglas Mwonzora and party treasurer-general Theresa Makone met with envoys from Britain, the United States, Australia Japan, Germany, France, Sweden, Holland, Norway and Canada to seek financial assistance.

The envoys’ group is derisively known as the “Fishmongers” after a restaurant in Harare, where they regularly meet.
The meeting, impeccable sources revealed, came after Makone had met former Vice-President Joice Mujuru, as efforts within opposition ranks to form a “grand coalition” gather steam.

Mujuru is now fronting the People First outfit that is yet to be launched and made up of former Zanu PF stalwarts kicked out of the ruling party at the end of 2014.

“Western countries that have supported the (MDC-T) party technically and otherwise have demanded a coalition of opposition parties, but most of these are holding back because of egos. The MDC-T has been forced into meeting with People First because there has been a pre-condition for any kind of support, which is to form a coalition of opposition parties,” an envoy said last week.

MDC-T spokesperson Obert Gutu could neither deny nor confirm the meeting took place.

“As the largest and most popular political party in the country, the MDC is always engaging in meetings and discussions with all concerned and relevant stakeholders as we seek to lawfully and democratically establish a new Zimbabwe,” he said, adding “it would not be proper for us to disclose the identities of each and every stakeholder with whom we consult.

“Suffice to say that the MDC has held discussions and, indeed, continues to interact with several diplomats, the Fishmongers included. Let me hasten to say that diplomatic consultations and engagements are part of modern-day political discourse.”

Gutu, however, rejected claims the party was looking for financial assistance, but admitted the MDC-T, like all facets of life in Zimbabwe, had been affected by the economic meltdown.

“The MDC is a law-abiding party. We do not rely on foreign funding. Our political party is bankrolled by membership subscriptions as well as our share from Treasury, in accordance with the Political Parties Finance Act,” he said.

“Let me make it abundantly clear that no money has been unaccounted for in the party. Each and every party expenditure is transparent and above aboard, and, indeed, all stakeholders are always free to verify the transparency and authenticity of our accounting system. We have got absolutely nothing to hide; no skeletons in our cupboards.”

ENVOY SEEKS TO EVICT FIRM FROM FARM

Zimbabwe’s ambassador to Tanzania, Edzai Chimonyo, has approached the High Court seeking an eviction order against a firm, Matanuska (Pvt) Ltd, from his Fangudu Farm in Mutare.

In the summons filed under case number HC11599/15, Chimonyo cited Lands and Rural Development minister Douglas Mombeshora as the second respondent.

“This is an application for the eviction of the first defendant (Matanuska) and all those claiming occupation through it from Subdivision 1 of Lot 1 of Fangudu in Mutare in the District of Manicaland Province,” Chimonyo said in his particulars of claim.

Matanuska has since filed an appearance to defend notice and is geared to defend the ambassador’s eviction application when the matter kicks off.

Chimonyo said although the farm was originally owned by Matanuska, it was eventually gazetted by the government sometime in 2006 under the land reform programme and allocated to him.

“The farm was gazetted and on the July 17, 2006, plaintiff accepted an offer letter issued by the second defendant to hold, use and occupy Subdivision 1 of Lot 1 of Fangudu in Mutare in the District of Manicaland Province measuring 251,41 hectares in extent,” he said. “Despite this, the plaintiff’s use and occupation of Subdivision 1 of Fangudu Farm has been disturbed by the first defendant.”

Chimonyo further said Matanuska was currently occupying his farm without lawful authority and had refused to comply with his demand to vacate the property.

“The employees of the first defendant occupy the plaintiff’s farm compound, offices, pack-shed and other infrastructure on the plaintiff’s farm.

“Despite demand, first defendant has failed, neglected and/or refused to vacate plaintiff’s farm,” the retired general said, urging the court to grant the eviction order. newsday

TWO INTAKES PER YEAR FOR UZ

THE Zimbabwe National Students’ Union (Zinasu) yesterday expressed displeasure at the University of Zimbabwe’s (UZ)decision to introduce two intakes per year, saying this will only pile pressure on scarce facilities at the State university.

Although the demonstration, organised by Zinasu at the UZ campus, flopped yesterday, reportedly due to heavy police presence, the student representative body said they would continue pushing to have the decision rescinded.

“We are defending the quality of education and reputation of our institution. As students, we can’t allow a situation where we will be at the receiving end,” Zinasu spokesperson, Zivai Mhetu said.

“We say no to the introduction of two intakes unless the university does infrastructure development first on key areas such as lecture rooms, hostels and the library.

“Any hurried decision will leave students in a sorry state, where they will be pushed to exchange accommodation for sex with gardeners and maids and other inhumane living conditions that will affect learning.”
But in an interview with NewsDay on Friday, UZ director of information, Daniel Chihombori dismissed claims that the introduction of two intakes was a move by the university to raise funds and fight competition from other universities like Midlands State University.

Chihombori defended the move, saying it was made to reduce the waiting period for university aspirants, as well as giving an opportunity to deserving candidates.

Asked if the university, which has about 4 000 carrying capacity in hostels, will be able to house the students, Chihombori said they would need support from the local communities to arrest the accommodation crisis.

Already surrounding neighbourhoods in Avondale, Mt Pleasant, Pomona and Vainona among others are making a killing renting out accommodation to students and might get more if demand increases.

However, Zinasu said it would continue mobilising it members until the university rectifies the matter.

“The heavy presence of police will not deter us as students and we will continue demonstrating until our plight is heard,” Mhetu said.

EU PUSHES FOR UN OBSERVED POLLS IN ZIM

THE European Union (EU) is reportedly planning to convince President Robert Mugabe’s government to allow United Nations emissaries to observe the 2018 elections, NewsDay has learnt.

Diplomatic sources told NewsDay that Britain was pushing for the adoption of a resolution within the EU to force Zimbabwe to accept UN observers “in order to avoid a repeat of the disputes that have characterised previous elections”.

“Britain is concerned about the effects of another contested poll, hence, it is doing everything to try and have the EU as a bloc to persuade Mugabe to accept a UN-supervised or at the very least monitored one in 2018,” a diplomatic source in Harare said.

“In fact, the EU is already supporting Zec (Zimbabwe Electoral Commission) with financial and technical assistance in the build-up to the poll that is expected to be viciously fought, given there is a likelihood that the ruling Zanu PF could field a candidate other than Mugabe.”

Contacted for comment early this week, the British embassy in Harare could neither confirm nor deny the claims.

“It is very important that any future Zimbabwean elections are carried out in compliance with regional and international best practice, and in line with the Sadc principles and guidelines, which call for effective domestic and international observation. This has consistently been the UK’s position over a number of electoral cycles,” the embassy said in a statement to NewsDay.
Contacted for comment yesterday, Information minister, Christopher Mushohwe said: “I do not have background to these issues in order to make an informed position except for newspaper reports and what you are telling me now. But I will try to check the linkage between these issues of biometric voting, the EU’s technical assistance to Zec and the 2018 elections.”

Mugabe, 91, has already been declared the Zanu PF candidate for the 2018 elections, although there are growing fears that age and failing health could force him to retire earlier than expected.

The EU ambassador to Zimbabwe, Philippe van Damme, was coy when NewsDay contacted him for comment on the issue, saying it was “a bit pre-mature” to talk about the monitoring of an election that is still almost 30 months away.

“Election observation is decided at a later stage and we are looking at the second half of 2017 or early 2018 when the government will invite the international community to have a look at the situation in the country ahead of the elections,” he said yesterday.

HAULAGE TRUCKS FACE BAN IN ZIM

THE government is working on mechanisms to ban haulage trucks from transporting heavy goods on the country’s roads, as it adopts a double-pronged approach to protect the country’s roads and empower the National Railways of Zimbabwe.

In an interview, Transport and Infrastructural Development Minister, Joram Gumbo, said once implemented, the development would go a long way in protecting the country’s roads and reviving the fortunes of NRZ.

He said consultations were currently underway, adding that a legal position would be announced in due course. “The ministry notes the appeal from the railways stakeholders to ring fence some products to rail,” he said.

“We’re identifying the products to be ring fenced and will take it to Cabinet for a way forward in the national interest given the requirements and the impact on road infrastructure.”
Some of the heavy goods that are currently transported on the road including mineral ores, coal and sugarcane.

Gumbo said the government was also alive to the challenges facing the NRZ, adding that efforts were underway to capitalise it. He said it was important to ring fence some goods to rail instead of road as this destroyed the road infrastructure.

“We don’t want to just ban transportation of bulk goods from the roads and leave companies stranded. We know that the wagons are down and that the railway line and communication are in bad state.

“But we’re adopting a double-pronged approach where we’re supporting NRZ through legal provisions on ring-fencing and at the same time working hard to get an investor who can come in and capacitate the NRZ by sorting the infrastructure side of railways and wagons that are currently down. We’re currently talking to a number of prospective investors.

“We can’t talk of economic revival without NRZ in the picture. It’s a key economic enabler that deserves all the support from the government because for industry to tick, they need rail transportation and to sustain their operations, they also need rail transportation. For instance, we’re talking of importing thousands of tonnes of maize from Zambia and to move the maize across the country but can we do that using haulage trucks?

“That’s how critical NRZ is to Zimbabwe. Unfortunately it was neglected for too long a time. But as a ministry, we’re working hard to ensure that we get an investor to capacitate it so that it can contribute to the attainment of Zim-Asset goals,” said Gumbo.

He said rail business was viable in Zimbabwe particularly in the mining and agricultural sectors that were on the rebound. Gumbo said for that reason, they did not expect hurdles when courting investors to capacitate NRZ.

He said the ministry was also working hard to improve the road infrastructure in Zimbabwe.

OVERZEALOUS COP MADE TO PAY

AN overzealous police constable, who went out on the frolic of his own and brutally assaulted a Zimunya villager during investigations, will for the next 10 months have $100 deducted from his monthly salary to pay up damages to the tune of $1 007.

A Mutare magistrate Mrs Yeukai Chigodora expressed displeasure over the conduct of the overzealous Constable Tafara Depute saying related cases were now on the increase. A Mutare man Mr Samson Jackson, who was once arrested at Zimunya Police Station in Mutare for insulting some Zanu-PF officials, sued the policeman after being brutally assaulted.

After the brutal attack, Jackson was hospitalised for four days. He sued the policeman for $3 000 but magistrate Mrs Chigodora reduced the amount to $1 007. Yesterday, another magistrate Ms Annia Ndiraya issued a garnishee order against Cst Depute, which will see $100 being deducted from his salary for the next 10 months.

In terms of the garnishee order, the Salary Services Bureau must, for 10 months, deduct $100 monthly from the salary of Cst Depute in fulfilment of the judgment issued by magistrate Mrs Chigodora last month.
In the judgment delivered last month in favour of Mr Jackson, who was represented by the Zimbabwe Lawyers for Human Rights, Mrs Chigodora breathed fire over the conduct of some police officers who abuse, instead of protecting the citizens’ rights.

“The number of police officers assaulting the arrested citizens has of late been on the increase and the court must show its displeasure with such conduct. “Police officers must protect the citizens’ rights and not abuse them,” she said.

Mrs Chigodora found that the claim for $3 000 was too much. “However, the claim is rather too much considering that there was no loss of amenities. “It is my well considered view that the defendant should bear the plaintiff’s hospital expenses as well as pay $400 for pain and suffering.

“The defendant shall therefore be ordered to pay $1 007, broken down as follows:
a) $607 — medical bills
b) $400 — damages for pain and suffering.”
Cst Depute was also ordered to pay costs of the suit.
In most cases where police officers assault suspects or members of the public, reporting the case to the police does not usually bear fruit and at times investigations take longer than expected.
The judgment came at a time when a Herald correspondent Lovemore Meya was battered by anti-riot police for doing his job in Chitungwiza.

Meya was attacked by the police while covering the violence that erupted in Chitungwiza between touts and residents early this month.

Meya sustained injuries all over the body and reported the matter at Harare Central Police Station under case number IR01/02/64.

Police officers in riot gear hit him with batons, slapped and kicked him several times, despite displaying his Zimbabwe Media Commission accreditation card and explaining to them that he was a bona fide reporter assigned to cover the skirmishes.

After bashing him, the police officers seized his camera and ordered him to delete the pictures he had taken.
Meya was taken to Parirenyatwa Group of Hospitals on the same day where he was examined and treated by Dr Kamutika.

The medical report indicated that he experienced trauma, generalised limb pain, a mild swelling forearm and bloodshot in the left eye. Since January 5 this year when Meya made a police report, investigations appear to be moving at a snail’s pace.

MATERNITY LEAVE CHALLENGED IN COURT

Sections of the Labour Act, which only allow women of at least one year service in an organisation to enjoy the right to fully-paid maternity leave and giving employees a maximum of three periods of maternity leave with one employer, have been contested in court.

The General Secretary of the Civil Service Employees Association Ms Emelda Mhuriro approached the Constitutional Court arguing that the particular sections of the Labour Act were discriminatory and in violation of the Constitution.

She said Section 65(7) of the Constitution of Zimbabwe guaranteed unlimited right to maternity leave to all female employees, but Section 18(1) and (3) of the Labour Act and Section 39(1), (3) and (4) of the Public Service Regulations, Statutory Instrument 1 of 2000 set conditions for the enjoyment of the right, thereby discriminating against newly employed women.

To that end, Ms Mhuriro, on behalf of the civil servants and other employees at large, argued that the laws were unconstitutional and that they should be struck off.
She approached the Constitutional Court through her lawyer Mr Caleb Mucheche of Matsikidze and Mucheche Legal Practitioners.

Section 65(7) of the Constitution reads: “Women employees have a right to fully paid maternity leave for a period of at least three months.”

Ms Mhuriro argued that in terms of that section of the Constitution, the right to fully paid maternity leave was unlimited and the conditionalities set in the labour laws were in violation of the supreme law of the country.

Section 18(1) and (3) of the Labour Act reads:
“(1) Unless more favourable conditions have otherwise been provided for in any employment contract or in any enactment, maternity leave shall be granted in terms of this section for a period of ninety-eight days on full pay to a female employee who has served for at least one year; and,

(3) A female employee shall be entitled to be granted a maximum of three periods of maternity leave with respect to her total service to any one employer during which she shall be paid her full salary.”

The Ministers of Public Service, Labour and Social Welfare; Justice, Legal and Parliamentary Affairs; Women’s Affairs, Gender and Community Development and the Attorney-General were listed as respondents in their official capacities.

Ms Mhuriro, in her founding affidavit, argues that Section 18(1) and (3) of the Labour Act violates women employees’ rights in general – the right to fully-paid maternity leave, while Sections of the Public Service Regulations SI 1 of 2000 violates the right of female civil servants to maternity leave.

“In my personal capacity as a female employee and the General Secretary of the Civil Service Employees Association, I contend that my constitutional right to fully-paid maternity leave enshrined in Section 65(7) of the Constitution is infringed upon by Section 18(1) and (3) of the Labour Act,” she said.

“In my capacity as the General Secretary of the Civil Service Employees Association, which has affected female members, I further submit that Sections 39(1), (3) and (4) of the Public Service Regulations, SI 1 of 2000 infringe upon female employees of the public service’s right to fully-paid maternity leave afforded and protected in terms of Section 65(7) of the Constitution of Zimbabwe.”

Ms Mhuriro argued that the limitations to the right to maternity leave occasioned by the labour laws was discriminatory in nature.

“It is my submission that the limitation of the right to maternity leave in both the Labour Act and the Public Service Regulations run counter to the anti-discrimination provisions embedded in Section 56 of the Constitution of Zimbabwe,” she said.

“The infringement of the aforementioned offending provisions of the labour and Public Service Regulations on maternity leave, arise from exclusion of the right to full-paid maternity leave for a female employee who has served for less than one year and also a cap of three maximum maternity leave for a female employee with one employer.”

It is Ms Mhuriro’s argument that the alleged violations of the right to maternity leave was contrary to the International Labour Organisation’s conventions on maternity leave and rights of women/female employees, and the international law on the protection of women’s rights.

She further argued that the said violation was not reasonably justified in a democratic society.
Government is yet to respond to the Constitutional application. herald

MAN HUMILIATES BED HOPPING WIFE

A man took used condoms and his wife’s spoiled undergarments to her workplace, accusing her of bed-hopping, in front of her colleagues, the Harare Civil Court heard.

Tabudirira Mawonera reportedly took the panties in a bid to fix his wife, Nester Chimedza whom he suspected was having sexual relations with other men during his absence.
Chimedza, who was seeking a protection order against Mawonera, told the magistrate Ms Gamuchirai Siwardi that she discovered that he was HIV positive after they got married, resulting in her denying him unprotected sex.

She said Mawonera started accusing her of having sexual relations with other men and would assault her on different occasions.

“He is my former husband and he abuses me physically and verbally,” Chimedza said.
“I discovered that he was HIV positive after we got married and told him to use protection, but he became violent and started accusing me of having extra-marital affairs.

“When I refused to have unprotected sex with him, he took my panties and used condoms to my workplace and started shouting in front of my colleagues calling me a prostitute with an unsatisfied sexual appetite.

“He took my academic certificates and threatened to burn them. Each time he meets me in public, he shouts at me, insulting me calling me all sorts of derogatory names,” she said.
Mawonera did not deny the allegations.

He told the court that he found used condoms in their bedroom when he returned from South Africa.
“I found used condoms and I asked her who she was having sex with during my absence,” Mawonera said.

“She told me that I had no right to question her since she lived at her workplace. I then took her spoiled panties and the used condoms to her workplace because I wanted her to tell me the man she was bedding,” he said.

Ms Siwardi ordered Mawonera to stop abusing Chimedza in any way and to keep peace with her at all times.

STUDENT STEALS HOOKER'S PHONE AFTER ROMP

A 20-year-old student who hired a 31-year-old prostitute in Chitungwiza and stole her cellphone valued at $11 after a sex romp at the woman’s house has been fined $30.

Lawrence Musenge of Mandaza Village in Seke told Chitungwiza magistrate Mr Takunda Mutetwa that he was helped by his grandfather to find a commercial sex worker for the romp.

This was after Musenge pleaded guilty to charges of theft and during mitigation he said: “I am a former Advanced Level student at Speciss College and I got 13 points in last year’s examinations. If the court may forgive me since I committed the offence after my grandfather helped me to hire the complainant for sexual favours,” he said.

However, Mr Mutetwa slapped him with a fine or he risks spending 10 days in prison. The prosecutor Ms Ntombikayise Nleya proved that on Friday and at around 10pm, Musenge was with his grandfather when they went to G Hostels in the dormitory town.

Upon arrival, Musenge’s grandfather negotiated for sexual intercourse for him with Primrose Mbedzi and agreed for $2.

The court heard that Musenge and Mbedzi agreed to use her room for the romp and after the act, he disappeared with her cellphone.

After noticing that her cellphone was stolen, Mbedzi started looking for Musenge. Upon realising that she was on his tow, Musenge took to his heels and was apprehended by the mob.

They searched him and found the cellphone, leading to his arrest