Cosatu Media Monitor 18 March 2009

Trade unions are implementing action plans to mitigate the impact of retrenchments on employees, but have not ruled out the possibility of strike action if negotiations fail.

Labour federations and the National Economic Development and Labour Council (Nedlac), working with the Presidential Economic Joint Working Group, have produced a framework to respond to the economic crisis.

Cosatu said it wants businesses to scrutinise the process of retrenchments. It said in some cases companies have used the international economic crisis as the excuse to cut jobs and maximise profit.

"It does not make sense that the gold mines are jumping on the bandwagon of cutting jobs when the price of gold remains stable," said Cosatu, reacting to the "job-loss bloodbath".

But Cosatu spokesperson Patrick Craven said: "There are no plans to strike as yet. What is happening now is that the task teams from the presidential joint working group will do their follow-ups on the different sectors and then we will take it from there."

The National Union of Mineworkers expected between 20 000 and 50 000 jobs will be shed this year, and the National Union of Metalworkers of South Africa says that 11 000 jobs were lost in the automobile industry in 2008 and a further 29 700 may go this year.

Federation of Unions of South Africa president Danie Carstens said his federation is not only working with Nedlac on strategies to minimise retrenchments, but is also demanding the Reserve Bank drop interest rates to stimulate consumer spending.

Solidarity spokesperson Jaco Kleynhans said his union has received notices of planned retrenchments from 45 large companies. Consultations are still under way at many of these companies.

"Solidarity offers support to members by means of its own national personnel agency, its social support organisation and its technical training college. The trade union furthermore established the institution Career Clinic, in conjunction with Growth-Link, which supports people affected by retrenchments with financial planning, trauma therapy and career counselling," Kleynhans said.

1.2 Deadline looms for Pamodzi Gold to pay R25m debt

Justin Brown, Business Report, 18 March 2009

Pamodzi Gold had until Friday to pay R25 million owed to two creditors, or its Orkney gold mine in North West would be placed in provisional liquidation, Judge Bill Prinsloo ruled yesterday in the North Gauteng High Court in Pretoria.

Lawyer Henk Strydom, of Strydom & Bredenkamp, who represented creditor Accurate Drilling and Engineering Labour Hire and Mining Supplies, told Business Report Pamodzi had agreed to pay R25 million by Friday or it would waive its rights to oppose the liquidation of its Orkney mine.

"I don't expect Pamodzi to come up with the R25 million. If they don't have the money today, where are the going to get the money by Friday?"

Strydom said he was aware of at least two parties that had shown an interest in buying the Orkney mine if it went into liquidation.

Bongi Radebe, a Pamodzi spokeswoman, was not available to comment.

Percy Chiweshe, an analyst with Imara SP Reid, said Pamodzi's mines remained under severe stress. "In our view, if Pamodzi can avoid liquidation it would have done very well."

Lesiba Seshoka, a National Union of Mineworkers (NUM) spokesman, said that more than 4 000 workers at Pamodzi's Free State mines were paid only half their pay for last month

Jaco Kleynhans, a Solidarity spokesman, confirmed this, adding that the outstanding salaries amounted to R16 million.

Kleynhans added that the Matjhabeng municipality, which provides Pamodzi's Free State mines with water, planned to cut off the supply if Pamodzi did not settle its account by today.

Jan van den Berg, the owner of creditor Engineering Labour, said Pamodzi had been battling to pay his company since last May. His firm is seeking R21.8 million from Pamodzi.

Van den Berg estimated that Pamodzi owed more than R100 million to more than 30 creditors at the Orkney mine. "Many people are in the same situation as us."

He said that since Pamodzi had taken ownership of the Orkney mine from Harmony Gold, the operation had deteriorated due to poor financial management.

"Pamodzi lacks financial expertise. Pamodzi needs to get new top management."

Engineering Labour provides Pamodzi's mine in Orkney with about 1 000 contract employees.

The NUM's Seshoka,said: "If Pamodzi is unable to pay they should be liquidated, as what is going on is untenable. If Pamodzi gets liquidated, then someone else can come in and buy their mines. We can't go on like this."

Pamodzi's shares on the JSE fell 14.44 percent yesterday to 77c. The gold mining sector fell 2.78 percent.

1.3 Afternoons are "a killer" on SA mines

Ines Schumacher, Miningmx, 17 March 2009

Diversified mining group Exxaro Resources is looking for a “breakthrough” to reach its 30% per annum overall safety improvement, said CEO Sipho Nkosi at the Exxaro CEO Safety Summit on Tuesday.

“Our safety performance is unacceptable,” Nkosi said.

In 2008, Exxaro recorded a lost time injury frequency rate (LTIFR) per 200,000 man hours of 0.39 against the target of 0.21 and compared to 0.36 in 2007. The group also recorded five fatalities.

The summit was supported by research led by Exxaro's executive general manager of safety and sustainable development Nombasa Tsengwa. Her findings reveal that most lost time injuries in 2008 occurred in lifting and material handling, whereas fatalities were predominantly related to vehicle safety.

The lost time injuries affected mainly the age group 29-35 and occurred mostly between 13:01 and 17:00. Employees working at Exxaro less than 6 months incurred the most lost time injuries.

Safety representatives from all of Exxaro’s operations and top management attended the summit held in Pretoria in order to debate issues surrounding health and safety.

Representatives from the Department of Minerals and Energy (DME) and trade unions Solidarity, the National Union of Mineworkers (NUM) and United Association of South Africa were present to participate in the discussion. The Chamber of Mines CEO Mzolisi Diliza did not arrive despite being expected.

NUM head for health and safety Mziwakhe Nhlapo said 34 fatalities in the South African mining sector have already been recorded this year compared to 22 in 2008 for the same period. “More can be done to increase safety. What we are doing is not enough,” he said.

Former Exxaro CEO Con Fauconnier said Exxaro leadership needed to internalise the importance of safety in their everyday lives to be an example of best practice to employees.

“Safety is not only a state of mind, it is a state of heart. Do the right thing even if no-one is looking,” he said.

Exxaro encouraged the sharing of best practice across mining companies. “Something you can beat us as the industry up about it is that we have repeats, the same accident happening in different companies. We are not using the same tools to investigate lost time injuries and lost lives,” Tsengwa said.

Exxaro will draft a discussion document after the summit so that the rest of the industry will benefit from the discussion, an Exxaro spokesperson told Miningmx

South Africa

2.1 NPA; 2.2 ANC; 2.3 Eskom; 2.4 SACP; 2.5 Elections; 2.6 Moutse; 2.7 Expats; 2.8 Comment

2.1 NPA ‘set to drop charges against Zuma’

Karima Brown, Hajra Omarjee and Amy Musgrave, Business Day, 18 March 2009

In a dramatic twist to the corruption case facing African National Congress (ANC) president Jacob Zuma, the National Prosecuting Authority (NPA) is preparing to drop all corruption, fraud and racketeering charges against him in the next few days.

Business Day understands the NPA will hold a meeting today to put the final touches to its decision, with the outcome likely to be made public within days by acting NPA head Mokotedi Mpshe.

This decision will have profound implications, both positive and negative, for politics in SA.

The NPA yesterday would not confirm speculation that dropping the charges was imminent, but did not deny it either.

“Mr Zuma’s lawyers made contact with us on Monday. We indicated the NPA is still applying its mind and no decision has been taken,” the NPA’s Tlali Tlali said.

It is understood from sources close to the matter that the long-standing claim of political interference in the prosecution forms a central pillar of the NPA’s about-face, which marks a stunning reversal for the agency which has pursued Zuma for seven years.

The NPA has been in discussions with Zuma’s legal team for several weeks.

Religious and business leaders and taxi associations have also been consulted.

The ANC and its leftist allies, the Congress of South African Trade Unions (Cosatu) and the South African Communist Party (SACP), have long campaigned for Zuma to be exonerated, saying he was being persecuted.

Coming so soon after the controversial release of Zuma’s former financial adviser, Schabir Shaik, the decision will have profound consequences.

On his relationship with Shaik, Zuma insists it was not corrupt.

While opposition parties are likely to insist that the NPA caved in under political pressure, the ANC and its allies will see the decision as a vindication.

With the elections just more than a month away, the issue will be seized on to score political points.

The NPA is likely to find itself under intense pressure to justify its about-turn.

For Zuma and the ANC, however, it would lift a cloud over the ANC president and help smooth his likely path to the Presidency after elections on April 22.

Zuma had been scheduled to go back to court in August.

The move follows a thawing of relations between the parties, stemming from Zuma’s team’s representations.

These have been based in the main on allegations of political interference, which Zuma has expanded on in confidential representations. Other factors are Zuma’s relationship with Shaik and the possible implications for SA should the trial continue, especially after he becomes head of state.

Zuma’s attorney, Michael Hulley, could not be reached for comment yesterday, while ANC spokeswoman Jessie Duarte referred all questions to Hulley.

“This matter is being dealt with by the lawyers. We don’t know anything,” she said.

It is understood the business leaders, thus far unidentified, warned that putting a president on trial could destabilise the economy. The ANC and its allies argued it was not in the national interest that Zuma be prosecuted, citing potential violence and general instability.

For its part, business has warned that a president on trial would destabilise the economy.

The argument that Zuma was the victim of a political conspiracy forms the basis of the application.

His lawyers have for the first time given a detailed account to the NPA of their charge that state institutions and individuals other than those in the NPA were behind the state’s probe into his affairs.

2.2 Survey: ANC still tops the polls

IOL, 18 March 2009

The African National Congress remains the most popular party among voters with 47 percent support, according to the latest Human Sciences Research Council (HSRC) survey published on Tuesday.

The Democratic Alliance seems on course to maintain its official opposition status with seven percent of the electorate supporting the party, the HSRC said in a statement.

More voters, at three percent, expressed preference for the newly formed Congress of the People over the other old, established parties such as the Inkatha Freedom Party and the Independent Democrats with two percent and one percent respectively.

The data was gathered in mid-December 2008 as part of the 2008 round of the annual SA Social Attitudes Survey, conducted by the council since 2003.

The survey was conducted among a nationally representative sample of 6613 South Africans comprising 58 percent female and 42 percent male participants - 60 percent blacks, 17 percent coloureds, 11 percent Indians/Asians and 13 percent whites.

More than half of the electorate in five provinces indicated they would vote for the ANC.

The party was most popular in Limpopo (79 percent) followed by Mpumalanga (68 percent), North West (57 percent), Eastern Cape (55 percent), and the Free State (52 percent).

The Western Cape was evenly contested by the ANC and the DA with each getting 20 percent.

In the other three provinces, Northern Cape, Gauteng and KwaZulu-Natal, the ANC remained the most popular choice among the electorate.

Cope and the DA vied for second most popular party in the Eastern Cape, with both getting four percent support.

The DA had the edge over Cope and the rest of the opposition parties in Northern Cape (13 percent), Gauteng (10 percent), North West (seven percent) and in the Free State, where it was the second most popular party.

KwaZulu-Natal remained the IFP stronghold at nine percent.

National support for the ANC was particularly strong among women, at 50 percent, compared to 45 percent among men, and those with no schooling (63 percent), decreasing gradually with an increase in education levels.

Conversely, support for the DA and Cope increased with increases in education levels.

Blacks remained the core constituency for the ANC with 58 percent saying they would vote for the ruling party.

The DA had its support base among the whites (39 percent), coloureds (21 percent) and Indians/Asians (eight percent).

Support for COPE was evenly spread across the race groups with four percent among whites, and three percent each among blacks, Indians/Asians and coloureds.

The ID had its strongest support among coloureds (five percent), and the IFP among blacks(two percent).

Of the total electorate, 12 percent indicated they would not vote, 13 percent were uncertain or did not know which party they would vote for, while 12 percent refused to answer. – Sapa

2.3 Financial crisis hit Eskom's tariff increases

IOL, 17 March 2009

Parastatal Eskom admitted on Tuesday that it has delayed its application for tariff increases to the National Energy Regulator of SA.

Eskom's spokesperson Fani Zulu told Sapa the reasons for the delay included the global financial crisis.

The crisis had "affected our customers, our ability to borrow - given the state of the global markets - and Eskom's forecast of the growth in the demand for electricity", Zulu said.

Zulu said Eskom had had to review some of its assumptions that underpinned the tariff application following the world's financial crisis.

He added that the approval in December of the Electricity Pricing Policy by Cabinet had also necessitated the review of the application.

Lastly, Zulu said, Eskom had to confirm other sources of funding before finalising the tariff application.

"As you may be aware, the minister of finance announced in February government guarantees to Eskom totalling R176-billion.

"The approved guarantees are a very important building block in accessing other sources of funding," Zulu said.

However, the application would be put in during the next few weeks and the new tariff would be applicable from April 1, he added.

He also confirmed that Eskom wanted a significant increase in tariffs.

This, however, was nothing new, he said.

"Eskom has said this, government has said this, it's been in the media so Eskom asking for an increase in tariffs is nothing new."

Meanwhile, the Democratic Alliance has called on Eskom to release its pricing application to Nersa at once.

"There is speculation that given the difficulty in accessing international credit markets, the South African consumer will be shocked by a hefty increase in electricity tariffs so that Eskom can make up its shortfall in funding," said Hendrik Schmidt, the DA's spokesperson for minerals and energy.

Schmidt said the speculation was that the government was waiting until after the general elections to publish tariff increases.

"The financial crisis is not an excuse... Eskom cannot afford to delay its pricing whilst it waits for a more predictable economic environment," he said.

He added that the confusion was compounding the effects of the financial crisis on South Africa.

"Energy-intensive employers will delay investing in South Africa and creating much needed job opportunities until they know how much electricity will cost.

"The pricing of electricity has an equally important impact on service delivery as municipal electricity tariffs are a key revenue contributor to local government."

Schmidt said without a pricing guide from Eskom, municipalities would be unable to project their revenue streams and this would impact on how much they would be able to spend on providing services to their communities. – Sapa

2.4 ANALYSIS-S.Africa's ANC reluctant to heed call of left

Phumza Macanda, Reuters, 17 March 2009

Leftist allies of South Africa's ruling ANC could be disappointed after next month's election when promises of more policies to benefit the poor may be shown up as little but campaign rhetoric.

Since helping Jacob Zuma defeat former President Thabo Mbeki as African National Congress leader in December 2007, labour federation COSATU and the South African Communist Party have appeared to become increasingly influential in the ANC.

But party bosses have more recently ditched the populist stance for a more cautious approach ahead of the April 22 general election, in which the ANC faces its toughest challenge since the end of apartheid.

'The ANC is taking them for a ride, that has been the case at every election since 1994,' said Azar Jammine, chief economist at Econometrix.

'They talk big about populist ideals but in government they act a little more responsibly and as a consequence they do not do all the things they keep promising they will do.'

Fears that the ANC could lurch towards the left under Zuma, almost certain to be South Africa's next president, have investors on edge ahead of the election.

International ratings agency Moody's last week put South Africa's local currency rating on review for a possible downgrade, citing in part the risk of more leftist policies after the elections.

The ratings agency told Reuters last year maintaining economic policies was crucial to its rating.

NO CHANGE

In a March 2 interview in Business Day newspaper, Zuma baulked at a push by COSATU and the SACP to change the central bank's mandate. They say strict adherence to inflation targeting led to interest rises that hurt the poor and they want the mandate expanded to include economic growth and job creation.

In an opinion piece in the Star newspaper on March 5, Zuma praised Mbeki-era policies that favoured business -- and were loathed by the SACP and COSATU -- for helping the country escape the worst of the global financial crisis.

Tight purse strings were the hallmark of the Mbeki era and led to budget surpluses in the past three years, to the chagrin of the SACP and COSATU who prefer expanded public spending.

Finance Minister Trevor Manuel had said those fiscal policies had given enough room to increase public spending to boost the economy in the current global economic environment.

Against SACP and COSATU's wishes, Manuel was high on the party's list of candidates for parliament, testament to the ANC's recognition that it cannot afford to change things drastically, Econometrix's Jammine said.

ANC secretary general Gwede Mantashe added to the caution. Despite being a member of the Communist Party, he has come out against leftist demands to extend the welfare grants system to millions of poor, saying it would not be sustainable.

Analysts say the ANC realises an aggressive policy shift to the left may not be prudent in the current global environment.

'REALISM'

'From some of the comments made by more senior people in the ANC there is a dose of realism,' said Jean-Francois Mercier, economist at Citigroup.

'They are aware that there has been a lot of money committed to public spending. But, because the left is a little restless they cannot say that too openly ahead of an election but once the election is over you will see a bit more of that coming.

'If the left is expecting their proposals to fully come to fruition they are going to be disappointed... on big macro balances I think the pragmatists will prevail,' Mercier added.

In the election, the ANC faces the challenge from a new party, COPE, which was formed by a breakaway group of politicians who were close to Mbeki and is generally seen as having a somewhat more pro-business slant.

COPE has no chance of winning, and does not expect to, but it could eat into the ANC's big parliamentary majority.

In a sign COSATU can sense the argument is not going its way, it complained this month that the government had not moved to accommodate leftist resolutions agreed at the Dec. 2007 conference when Zuma unseated Mbeki.

'A wide gulf remains between the ANC and government,' it said in a statement.

Despite the gap, there is little the communists and trade unionists can do to press the ANC to meet their demands, however. Neither side would benefit from a fracturing of the alliance.

'The SACP and COSATU know they do not have enough support to go at it alone, so for their own survival they will stick with the ANC,' said Len Verwey, public finance analyst at IDASA.

'While policy may not shift as radically as they want, they will get a few concessions and with Zuma's consultative approach relations are bound to be better than with Mbeki.' Verwey added.

2.5 ‘Don’t waste your vote,’ Zuma urges

Nkululeko Ncana, The Times, 18 March 2009

ANC president Jacob Zuma yesterday told scores of party supporters that casting a vote for any other party would be a waste.

Speaking at a rally in Bakenburg, Limpopo, Zuma said the electorate should not support opposition parties because they have no hope of ever becoming the government.

‘‘I am sure serious South Africans will certainly not vote to satisfy the desires and ambitions of politicians and not for the future of the country.

‘‘So any South African who is serious needs to vote for the party that they know is going to win. Any vote that is not voting ANC and is voting a party that is not going to win is a wasted vote,’’ Zuma said.

The ANC president also repeated his call for the establishment of street committees to help fight crime in poor communities.

“We believe that not only police but all of us must play a role. That is why at Polokwane we took a decision to establish street and village committees.

‘‘We need communities to be given that possibility— if they get hold of a criminal, they must not be blamed for taking the law into their own hands because they only do so because they know criminals [and] the police will not be arresting the criminals. Instead they must be supported in such actions.”

2.6 Moutse not happy with changes

Dudu Busani, Sowetan, 18 March 2009

The Moutse community want to be incorporated back into Mpumalanga before the national elections – or they will start “burning things”.

This was after their case was postponed yet again by the Constitutional Court yesterday, until May 21.

“By the time we come back to court, there will be a new premier in Mpumalanga and we will have to start all over again,” said the spokesperson for the Moutse Demarcation Forum, Mokgotsi Seun.

“We want this sorted out or we will intensify the struggle.”

The postponement came after 11 applicants and three respondents were granted access to read a report on public involvement of the community and all stakeholders regarding the incorporation.

They were then ordered to keep the details of the report confidential until the decision on the matter is heard from cabinet.

“Why are they keeping the report away from us? We have a feeling it is not in our favour. If so, there will be another Khutsong. We will burn things to ashes,” said Seun.

Moutse falls under the Sekhukhune municipality which was moved to Limpopo in 2006.

The community argues that the Mpumalanga legislature “failed to facilitate public involvement” in the process and that their view was not taken into account when the move was approved.

2.7 South Africans not welcome overseas

Sashni Pather and Thabo Mkhize, The Times, 18 March 2009

South Africans no longer welcome in struggling Australia and New Zealand job markets

South Africans seeking greener pastures in New Zealand and Australia are sheepishly having to return home.

The global economic meltdown has led New Zealand to enforce regulations giving priority to Kiwis ahead of immigrants in the job market, and Australia has slashed the number of skilled migrants it will accept into the country.

A recruitment agent in New Zealand told The Times that many South Africans have found there was “only heartbreak waiting” when they stepped off the plane.

And a South African family has being kicked out of New Zealand after the new “‘jobs for Kiwis” ruling.

According to the North Shore Times in Auckland, Daniel Labuschagne applied for a work permit renewal in July after two years of working in the security industry there.

Today the family were deported and forced to return to South Africa.

“We are going to be going back with nothing,” Labuschagne said.

Immigration authorities in New Zealand said: “In the current economic climate, with unemployment increasing, there is a renewed focus on ensuring that New Zealand citizens and residents are given first priority when vacancies are advertised.”

Other South Africans — who immigrated to New Zealand and Australia in the hopes of better work and pay — are facing a similar predicament to the Labuschagnes.

Australia’s immigration minister, Chris Evans, said the country will cut its skilled migrant intake by nearly 20,000, to 115,000, this financial year in response to rising unemployment.

William Blomfield, of the Australian High Commission in South Africa, told The Times yesterday that the global financial crisis has badly affected employment opportunities for migrants in that country.

Australia and New Zealand have long been favoured destinations for South Africans fleeing the country’s high crime rate — many also blame a lack of employment opportunities, saying they are disenfranchised by the government’s affirmative action and black economic empowerment policies .

Blomfield said: “Australia is still open to skilled migrants but we are now operating a more tightly targeted programme.”

Erin Woods, national operations manager for a recruitment agency in New Zealand, told The Times that South Africans are being “duped” into thinking that there are greener pastures in the Land of the Long White Cloud.

She said: “We are facing massive redundancies and unemployment in New Zealand. Unless you arrive in this country with a work permit then the chances of you getting a job are nil.

She added: “People planning to immigrate need to be wary of so- called specialists — so many of the South African people I have spoken to have arrived here thinking the streets were paved with gold and they are not.

“Unless you are on a very recent job shortage list — and know for sure that there is not likely to be someone already in New Zealand who can do the job — then there is only heartbreak waiting when you step off the plane.”

Martine Schaffer, managing director of SA Homecoming Revolution, said a recent job expo, hosted annually by a company called Opportunities Australia, had a very poor turnout this past weekend.

“Last year Australian companies had vacancies for engineering, IT and mining. This year, only a third of companies were represented and most of the stands were for moving companies and people who help you make visa applications.”

Schaffer also said an analysis of their website showed that more than 1000 South Africans living in New Zealand and Australia were looking at the site for information relating to moving back to South Africa.

A South African couple, Pieter and Yolandi van Zyl, were among the lucky ones who got into New Zealand last year.

Woods said: “We sponsored Pieter and Yolandi at the end of last year and were very, very lucky to get them. If I tried today, their work permit would be turned down flat.”

The couple remained unemployed for six months before they found work — as recruitment agents.

2.8 Desperation grows in ranks of those who would thwart Zuma

Karima Brown, Business Day, 17 March 2009

Aa the inevitability of a Jacob Zuma presidency begins to dawn, so too increases the desperation of those seeking to thwart his rise to power. This is a point to which I will return later.

For now let’s start with the fact that a Zuma presidency is a fait accompli. All indications are that the African National Congress (ANC) will be returned to power. What is in dispute is by how big a margin.

Guesstimations suggest the ANC will get anything from 58% to 68% of the poll. The party believes it commands 66% of the vote, with six percentage points of that being “soft” supporters perturbed by Zuma’s baggage.

Recently a senior ANC official close to the party’s election machinery told me that the latest internal poll had put the ANC’s support nationally at 70%.

Others linked to the Congress of the People (COPE) suggested earlier this year — before the ANC’s election machine sprang to life — that the ruling party would struggle to get 50% of the vote. But, judging from the latest figures, COPE’s prospects at the polls appear slim.

While Zuma’s legal woes have never served as a deterrent in terms of his candidacy for the top job in the ANC, opposition parties and some commentators argue that they should serve as such. Their arguments are well recorded. But do their objections resonate with those who will have to choose whether the ANC should be returned to power? I think not.

Hence the desperation of those seeking to avert the inevitable. Attempts to point to Zuma’s shortcomings over the rape trial, his polygamy and his coterie of rich benefactors seem to have fallen on deaf ears. Moreover, key players — including the business community, foreign diplomats, religious leaders and academics — do not appear overly concerned by the prospect of him leading the government.

This is why recent reports suggesting that Zuma was responsible for the deaths of two ANC cadres during his time as ANC intelligence chief make for interesting analysis. According to the Sunday Times, Zuma somehow has to answer for the deaths of Ben Langa (brother of Chief Justice Pius Langa) and Thami Zulu (a senior Umkhonto weSizwe commander). The Sunday Times stories say Langa was assassinated because he was wrongfully accused of being an apartheid spy, while Zulu is alleged to have been poisoned by his ANC captors, all of which allegedly happened on Zuma’s watch.

This is not the first time that these allegations have surfaced. They form part of versions of truth in much the same way as detractors of former president Thabo Mbeki try — by way of innuendo — to suggest that he was somehow linked to the death of South African Communist Party leader Chris Hani.

The ANC’s handling of all these cases — under both Mbeki and Zuma — shows that the party has decided to go with the official versions of what supposedly happened. However, a strategy that seeks to embroil Zuma in the darker side of exile as yet another reason why he is unfit to rule might backfire. If one considers the case of Langa and hypothetically accepts that Zuma could have had a hand in his death, it would not be unreasonable for Zuma’s lawyers to argue that the chief justice would have to recuse himself from any legal matter regarding the ANC president. This is a scenario that would play right into the hands of all those in the ANC who argue that Zuma is unlikely to get a fair shake in the highest court in the land.

Another point to bear in mind is the current engagement between the National Prosecuting Authority (NPA) and Zuma’s legal team regarding the question of representation. Two matters are at issue. The first relates to Zuma’s version of his relationship with Schabir Shaik, the second his long-held belief that state institutions were used to persecute him politically. This argument is the basis for Zuma’s application for a stay of prosecution.

Now if the NPA buys Zuma’s argument — that state institutions were used against him — one would have to be open to the possibility that charges against him could be dropped. Should the NPA reject the conspiracy claims, the country is likely to hear in court how Zuma’s enemies allegedly tried to conspire against him.

Whatever the outcome, Zuma is on his way to the Union Buildings.

Brown is political editor.

International

3.1 Swaziland; 3.2 Zimbabwe; 3.3 Roy Bennet

3.1 Govt loses free education case

Manqoba Nxumalo, Times of Swaziland, 17 March 2009

Mbabane-Government’s articulation that parents must forget about free education this year has been overruled by the High Court.

Judge Mabel Agyemang yesterday broke new grounds and declared that every Swazi child of whatever grade attending primary school is entitled to education that is free of charge.

"I make a declaration that every Swazi child of whatever grade attending primary school is entitled to education free of charge, at no costs and not requiring any contribution from any such child regarding tuition, supply of textbooks, and all inputs that ensure access to education and that the said right accrued during the course of the period of three years following the coming into force of the constitution," judge Agyemang said to a quiet court gallery.

The judge further made a declaration that the free education should start within the three years as enshrined in the constitution.

The Swaziland National Ex-Miners Workers Association (SNEWA) had taken government to court where they wanted an order that would compel government to adhere to the constitutional provision of free education.

SNEWA had instructed human rights lawyer Thulani Maseko to go to court and argue that government should make free education in public schools available for every Swazi child under the constitutional obligation imposed on the state in terms of Section 29 (6) read together with Section 60 (8) of the constitution. They also wanted government to make available an education policy in so far as implementation of the constitutional requirement under section 29 (6) read together with Section 60 (8) so as to determine their compliance with the constitutional obligation.

However, government lawyer Mndeni Vilakati averred government had complied with the provisions of the constitution as it was providing free education as defined in the context of Swaziland as set out in the constitution. He maintained that the term referred to ‘a consolidated programme aimed at creating an environment characterised by minimum barriers to quality primary education’ and asserted that this included the provision of stationery, textbooks, qualified teachers, accommodation for teachers such as classrooms and capitation grants.

However, judge Mabel Agyemang said she found no reason not to adhere to the golden rule of interpretation which is to interpret the word ‘free’ as used in connection with provision of goods and services and in its ordinary grammatical usage to mean that no charge.

"I reiterate that the context in which the word ‘free’ appears in S.29 (6) as an adjective to describe the word ‘education’, leaves no ambiguity in the reader. . . It seems to me that the respondents are seeking to have the court to give the words ‘free education’, an interpretation which in context, will only do violence to the language, will at best be artificial, and in reality, be absurd," judge Agyemang said in her ruling.

Government lawyers have said they would examine the judgement and then decide if they will appeal.

President of the Swaziland National Ex Miners Workers Assoc-iation (SNEWA) Ndlavela Dlamini has described the judgement as historic.

Dlamini said they came to court merely as agents of the people of Swaziland and that this victory meant that the people of Swaziland could now enjoy the rights enshrined in the constitution.

"This is historic, but it is not exclusively a win for ex miners who challenged government but for all the people of Swaziland who were forced to pay school fees much against the spirit of the constitution," Dlamini said.

Dlamini also warned members of his association not to fall into the trap of discriminating some groups that may be in solidarity with them.

Lawyer Thulani Maseko, who was all smiles yesterday as he left the High Court flanked by jubilant ex miners, said he took off his hat for the judge. He said what he noted was that a single judge of the High Court was competent enough to trial constitutional matters without the need of a full bench. Maseko said they were hoping that government will respect this court order.

Govt must adhere to order—STFU

Jan Sithole wants the lawyers to write a compelling declaration to government to implement the court ruling.He has pleaded with government to adhere to the court order for the sake of progress.

Sithole is the long serving Secretary General of the Swaziland Federation of Trade Unions (SFTU).

"We hope that government as the author of the constitution will protect and defend it. We also hope that it will abide by the decision of the court but our experience with this government, in light of the Macetjeni experience, is one of defying court orders.

"Our advice now would be to stop buying cabinet cars and pull its resources together. What should happen now is that the lawyers must write a compelling declaration to government to implement the court ruling," Sithole said.

Sithole emphasised that it would be advisable for government to halt buying cabinet cars and channel all its resources towards free education.

3.2 SA retail investment a glimpse of what’s coming

Kuthula Matshazi, New Zimbabwe.com, 16 March 2009

Recently, there have been concerns about South African businesses, especially supermarket retail chains flooding the Zimbabwe market with their goods.

This has been necessitated by the situation in Zimbabwe where there had been, in some instances, real and in other cases artificial shortages of basic foodstuffs.

In times when these shortages were acute, South Africa and Botswana became our shopping centres. As a business response to market demand, and exploiting the proximity of Zimbabwe to South Africa and the cordial political relations that we share, these businesses provided Zimbabwe with basic commodities.

I would like to contextualise this scenario within a liberalised economy discourse. Recently, the government of Zimbabwe announced that it was liberalising the economy. While the economy has been liberalised in the past, the government abandoned the liberalisation doctrine and adopted the developmental state model in order to advance its social agenda, which had been bruised by a liberalised economy of the 1990s.

However, some of the principles of the developmental state run contrary to the free market rules and specifically those of the World Trade Organization regime, the regulator of liberalised trade.

Although the WTO does not prefer some of the interventions undertaken by the developmental state, in other situations it tolerates them as necessary. In fact, the WTO has what it calls “special and differential treatment” provisions that allow governments from developing countries to intervene under necessary circumstances.

For instance, it could be deemed necessary to provide basic assistance to communal farmers who had just received land under the land reform programme. The intervention of government should not, however, have distorting effects on prices and competition in the economy.

Naturally, some interventions of a Zimbabwean developmental state have had a distorting effect such as in the area on price for goods and services. Of course, one might conversely argue that the intervention was necessary to protect citizens from predatory pricing such as in situations where a loaf of bread was selling for US$5.

The liberalised economy discourse has been dominant outside of government before the Global Political Agreement. Those who opposed the Zimbabwe developmental state argued that restricting government intervention in the economy would unlock more value from the economy in a more efficient way and enhance the standard of living for Zimbabweans. Liberalising the economy would also bring in foreign investment into Zimbabwe.

Other benefits of this sort of economic development paradigm is technology transfer and an increased variety of goods and services that might not otherwise be available in a developmental state-led economy.

An aside: I do not believe in the entirety of the notion that the developmental state stifles economic prosperity since we have evidence that it facilitated and fostered the prosperity of South Korea and many other East Asian Tigers.

What we are now seeing is the retail sector of South Africa exploiting opportunities that economic liberalisation provides. We must view the South African businesses for what they are: foreign investors. These are investors that we have always clamoured for.

As citizens that had pushed hard for liberalisation, foreign investment and engagement of the international multilateral organisations such as the International Monetary Fund and the World Bank, Zimbabweans should view South African investment as part of an answer to their prayers. What we must note is that right now this investment is restricted to just one sector of the economy by our economic giant neighbour.

As we embrace the prescriptions of the IMF and World Bank many more sectors will be opened up for foreign investment in the same manner the South Africans are doing in retail or even on a larger scale.

Of course, there is the Indigenisation and Empowerment Act that would be a policy instrument to use in preventing majority shareholding by foreigners. But under international liberalisation laws the indigenisation and empowerment law will have to be changed to allow free competition and non-discrimination in conformity with the obligations of the government of Zimbabwe under the WTO.

Besides, it would be hypocritical for those people that were calling for the liberalisation of the economy to now turn around and use the Indigenisation and Empowerment Act to frustrate its establishment.

The potential investors in other sectors of the Zimbabwean economy will have even deeper pockets than South African retailers. They have the financial means to take over a majority of our companies.

To be consistent with our obligations in the international community (as some members of the inclusive government have religiously advocated), we will need to sacrifice those Zimbabwean businesses that cannot compete. We have to let them fail if they cannot compete. That is what market liberalisation is about.

Of course, under the “special and differential treatment” provisions of the WTO, we are allowed to provide basic assistance. However, that would be insignificant since it should not amount to a proportion that distorts the market.

There are many negative scenarios I cannot mention here for limitation of space that would be a result of market liberalisation. The liberalised economy will eliminate many indigenous businesses or turn Zimbabwe entrepreneurs into fronts for foreign businesses engaging in foreign direct investment; reduce the provision of public goods by the developmental state because those providers such as public energy or transport companies will have to be privatised and there would be labour law reforms.

Many Zimbabweans are going to be retrenched through the rationalisation of labour and companies would offer reduced benefits and pay rates because of the presence of reserve labour. Many goods and services that had previously been provided at free or subsidised rates will begin to be purchased at free market rates. It is doubtful whether many Zimbabweans will afford to pay for them under a retrenched social safety net and dwindling salaries and wages.

Unfortunately, we fought hard to undermine the developmental state which (in many cases, as in the East Asian Tigers and Vietnam has been successful) has the potential of creating its own form of liberalised economy within the specific circumstances of Zimbabwe that also take into consideration its international relations.

If we are to identify characteristics of import substitution industrialisation in our economic development model, I argue that these were going to assist in creating a national economy while incrementally turning it (our economy) into a liberalised form.

The difference between the kind of economic development model that we are implementing now (liberalisation) and that one pushed by the developmental state with characteristics of import substitution industrialisation, would be that right now we would be seeking foreign investors from a strong economic position. We would be now seeking to compete at a notch higher than where we were as opposed to the current state where we are begging to be rescued from calamity!

Unfortunately, we have to accept the liberalised economy and live with its effects, but there will be a heavy political price to pay. The business venture by South African retailers into Zimbabwe is nothing but a glimpse of what is to come.

We should brace ourselves for more external and aggressive business interests with deep pockets. And we cannot turn around and hypocritically start complaining about such investment dominating our economy since we have been fighting for this kind of liberalised economic model for the past ten years in a manner that has not been strategic and does not serve the national interest.

Kuthula Matshazi has a Master’s degree in Globalisation Studies. His areas of interest include economic development, international development, public policy and international financial regulation. Contact: kuthula...@yahoo.co.uk

3.3 Interview: deputy agriculture minister designate Roy Bennett

New Zimbabwe.com, 17 March 2009

SW Radio Africa's Violet Gonda speaks to Roy Bennett, the controversial Deputy Agriculture Minister recently released from prison over terrorism and banditry charges. The former white farmer claims he is a victim of racism and tells of his determination to reclaim his farm in Chimanimani:

Violet Gonda: Roy Bennett, the MDC National Treasurer and the Deputy Ministry of Agriculture designate is my guest on the programme Hot Seat. I spoke with him after his release on Thursday after spending a month in prison in spite of two High Court rulings ordering his release.

Roy Bennett: Kanjani Violet?

Gonda: vaPachedu weduwe?

Bennett: eeeee akomana zvakaoma.

Gonda: Munotamba here?

Bennett: Ndiripo hangu hameno imi?

Gonda: Tirivapenyu. How are you feeling?

Bennett: Alright thanks Violet. Obviously pleased to be out of there but at the same time very, very humbled, in awe and basically also just very sad of the conditions in there and the state of affairs here in Zimbabwe.

Gonda: Will talk a bit more about the conditions in prison but first how does it feel to be free?

Bennett: Violet I can’t really say I am free. I am under very stringent bail conditions. I am in a country where the rule of law is questionable. There is no separation of powers and there is interference of the judiciary from the highest level. So you don’t feel safe at all. I could be re-arrested any minute. You have no idea what’s in store for you, day to day.

Gonda: Can you tell us about the bail conditions. I know last week the High Court had said you could pay US$2000?

Bennett: Yes, I now have had to pay US$5000 bail. I have to report three times a week – Monday, Wednesday and Friday to the CID Law and Order in Harare. I have had to surrender my passport, I have had to surrender title deeds. My son took me to the airport - to Charles Prince airport - he used a friend of ours’ car and they have since been visited. It’s a lady, she is a widow. She was visited and picked up by the CID Law and Order and questioned. She was accused of harbouring a criminal, wanting to know where else I stay in Harare, who else I know.

The other guys who were with me at the airport they have also been picked up and questioned. So the fear and intimidation continues and frankly who would want to see me or have me in their house if tomorrow they are going to be followed up and victimised by the Law and Order people in Harare.

Gonda: What about the charges – what do you make of those? You have…

Bennett: They are absolutely ludicrous. There is absolutely no substance. The charge is contravening Section 10 of the Public Order and Security Act (POSA) – which means that I was in possession of arms of war without authorisation from the Minister. Now linked to that is the fact that they are saying I am the person who funded Mike Hitschmann to purchase weapons. But you just have to look at the weapons in that were in his possession.

Mike Hitschmann was a registered arms dealer. He was a member of the police and now of the police reserve. He has on record many certificates where he has delivered arms to the armoury in Mutare from farmers who were leaving the country – they left their arms with him.

He was originally charged with treason but that was all thrown out. He was then charged and convicted under exactly the same charge that I have been charged with and in there he put in an affidavit saying where he had obtained those weapons and the fact that those weapons had been left with him by farmers who were too scared to hand them in to the police. And he would wait until there was enough and deliver them to the police station. And that was all on record as having done this before.

So the whole thing is absolutely ludicrous and a figment of their imagination. I hardly knew Mike Hitschmann – I had seen him maybe twice or three times before he was arrested and those times have been when I delivered speeches either at the legion club or the hall in Mutare. So you know it’s ridiculous Violet.

Gonda: Some MDC activists including officials like Giles Mutsekwa were also slapped with the same charges but had the charges dismissed . So how is it different… (interrupted)

Bennett: Exactly. It’s ridiculous. They first charged me with treason, then they charged me under the Immigration Act and that was dismissed in court and it looked as if they were just going until they could find something to stick me with – and eventually they came up with this charge.

Gonda: So what was the content of your interrogation in custody?

Bennett: Well basically I had no interrogation at all. All I was offered to do was give a ‘warned and cautioned’ statement which I said I know nothing about those allegations. But it would appear Violet, and it is very obvious that there are certain individuals inside this government who have not taken on the spirit of moving forward – who are still filled with hatred and vengeance and basically have personal vendettas against me. I will put it down to these sort of people.

You know for our nation to move forward we need forgiveness, we need love and we need to rebuild the country to move on. We don’t build anything with hatred and vengeance.

Gonda: So who do you think was behind your arrest?

Bennett: I have no idea Violet but it is very, very obvious that it is to do with the Justice Department. It is to do with those who have control over the Attorney General’s office and those who have control over the prisons. So it is definitely the Ministry of Justice – who have the people that have been victimising me. So I would think there is none other than Patrick Chinamasa, who still has a vendetta against me over the issue in parliament. The fact that I served eight months in prison is not enough. He is a man that is filled with hatred. The man is filled with vengeance. I have forgiven him, I forgave him a long time ago and I have asked for his forgiveness. So I pray that one day he will repent and get on his knees before he meets his maker because the sort of things he does and is involved in destroy a country – they don’t build a country.

Gonda: What about the MDC itself do you think it did enough to get you released?

Bennett: I am sure the MDC has done everything in its power to get me released. You know it’s not about the MDC, it’s not about Patrick Chinamasa, it’s not about me Violet – it’s about the nation of Zimbabwe that is suffering under the most extreme conditions. When I speak to you about the conditions in prison you will understand what is happening in our nation. And basically it’s a case of everybody should be joining together in the spirit of forgiveness and the spirit of healing to move our nation forward to build a better life for the people that are suffering.

Gonda: You mentioned that it could be people like Patrick Chinamasa or some individuals in Zanu PF …

Bennett: Well I understand that Paradzai Zimondi who is the Head of the Prisons himself ordered the people in the region not to release me the first time the High Court granted me bail – he ordered them to come and take those bail papers away. So these are some of the individuals who have personal vendettas, whether it’s to protect themselves from whatever they have been involved in or whether they don’t want to move forward in the government of unity. Whether they don’t want to forget and forgive I don’t know but definitely I know that from what happened at the prison is that he was the one who phoned and ordered that my (release) papers be taken away.

Gonda: You came back early this year, in early February actually, from South Africa where you were living in exile, to take up this position as the MDC Deputy Minister of Agriculture – so with what’s been going on are you still going to take up that appointment?

Bennett: I have committed myself to serve the people that elected me into office and whatever I have to do to satisfy their demands I will do. Our President Morgan Tsvangirai has appointed me as the Deputy Minister of Agriculture and therefore I will accept that position. I will do it to the best of my ability to be able to move things forward in order that we can feed ourselves again and become a nation that can be proud of its agricultural background.

Gonda: Can you comment on the rumours that there were attempts to actually trade your freedom for a general pardon and amnesty for abuses of the past 28 years?

Bennett: I am not sure Violet. I did hear this but again I was in prison so I wasn’t privy to it but I understood that was one of the conditions but I haven’t spoken to anyone directly to confirm this.

Gonda: And speaking of conditions, can you describe the conditions in prison?

Bennett: It’s an absolute humanitarian disaster and I would liken it to pictures that I have seen from the concentration camps. There is absolutely lack of food, lack of medical attention, lack of cleanliness – a lack of everything. There is absolutely nothing in the prisons. Prisoners get one meal a day – a piece of sadza the size of your hand and water with salt in it. Those prisoners who do not have relatives or people outside supporting them are in worse conditions – or look like those emaciated, skeletal bodies we saw during the holocaust. Basically it is a human rights tragedy and a serious abuse of human rights.

Gonda: How many prisoners or inmates died while you were in jail?

Bennett: Whilst I was in jail five died in the four weeks that I was there. The bodies don’t get collected. They sit in the laundry, there is no mortuary. Most of them sit there for four days – one sat for five days. The (inaudible) exploded. They had to put them in plastic bags.

I cannot even begin to describe the situation and it is not the prison people’s fault. They are trying their best. In fact they are being paid nothing yet they are trying their best to keep things running with absolutely no support from government and absolutely no resources. There is nothing Violet. People don’t even get toilet paper, people don’t get soap. So people are in there eating one piece of sadza and water a day and nothing else. That is all there is.

The medication from the medical side is very little and very sparse so the whole thing is just an absolute tragedy and disaster.

Gonda: So will you be able to use your position as a minister to campaign to improve the living conditions of prisoners?

Bennett: Obviously once I am able to explain to my colleagues these conditions and bring it to their attention - I am sure there are other prisoners who are being released who can confirm everything that I have said because I am sure Mutare Remand Prison is not an exception. I am sure throughout the country this is the situation. So yes I will do everything in my power to be able to make those responsible for these conditions understand the conditions and therefore do something about trying to alleviate those conditions - and bring back what is needed under the constitution, what is needed under the Prison Act, what is needed under the Prisons Standing Rules and Orders – whereby each prisoner should receive x, y & z.

But it needs the intervention of some international tribunal – the Red Cross, the United Nations need to do something– people are dying. It’s a total genocide that is taking place in the prisons.

Gonda: And while you were in prison I don’t know if you heard the tragic news that Amai Susan Tsvangirai passed away after a car crash that actually injured the Prime Minister.

Bennett: Yes I did. I just felt terribly saddened and terribly sorry and I just hope that it was a genuine accident and that there was nothing sinister about it. I have no actual figures but judging from the history of political figures dying from road accidents the immediate thought that comes to your mind is that there is something wrong. You know I just feel terribly, terribly sad. It’s such a tragedy and certainly for a man who has such a weight on his shoulders to lose his wife at this stage I think it’s absolutely tragic. What can I say? No words can express the feelings he has. All I can say is in my capacity I am totally behind him and will give him my full support and solidarity.

Gonda: And there has been an outpouring of support countrywide and throughout the rest of the world – and also from Zanu PF with Robert Mugabe actually calling for peace and an end to violence. Now given your experience is a robust public effort required to foster national healing and reconciliation?

Bennett: Most definitely Violet. It’s not even an effort; it’s a genuine sincere will that is needed. It is the will of forgiveness; it’s the will of throwing away vengeance. It’s a will of believing that you are above the law that you are entitled because you were a war veteran and you fought for Zimbabwe so you rule the country, nobody dare questions you – anybody who does then death with him. That is the spirit that has to be removed and there has to be a spirit brought in that the country of Zimbabwe belongs to the people of Zimbabwe. Respect their will, give them good governance, give them decency and human rights.

Gonda: Let’s go back a little – because many people don’t know what exactly happened on the day you were arrested on the 13th of February. Can you briefly tell us how you were arrested?

Bennett: Sure Violet. Basically what happened was that when we realised that the Deputy Ministers were only going to be sworn in the following week – obviously the Saturday was Valentines Day and Monday the 16th was my 52nd birthday. So when I was talking to Heather (wife), she said I should come and spend the weekend. And obviously I wanted to spend the weekend with the family.

So there had been a group of people that had come from South Africa to attend the inauguration of the Prime Minister’s rally at Glamis Stadium. They had a spare seat in a chartered plane so they offered the seat to me. My son took me to Charles Prince airport to drop me off. There was a bit of a problem with the plane so they were delayed and eventually we got in. I did my immigration, my passport went, I spoke to the immigration guys and we sat around there for a good hour waiting for the plane to be sorted out.

When it was sorted we got on and the plane started to leave when the tower turned the plane back and then I realised there was a problem. I got off the plane to go and see what the problem was and CID Law and Order were waiting to arrest me. I asked them why they were arresting me and they said that I would be told in Marondera; from there I went to Goromonzi. At Goromonzi they showed me the warrant for my arrest – for treason - the guys who followed me told me that I was taken to Goromonzi. From there they moved me to Mutare Central.

Gonda: Were you ever mistreated?

Bennett: No, I wasn’t.

Gonda: You spent eight months in jail for pushing the Justice Minister Patrick Chinamasa in parliament and that was in 2004 and now you were arrested again a few years later – and on the day of the swearing in of senior Ministers in the new government. Why do you think there is such an enormous determination to keep you behind bars?

Bennett: Violet I think there are certain elements in Zanu PF that has never moved forward. They are still harbouring hatred and vengeance and also fear of what they have done in the past 29 years. And obviously see me as a scapegoat because they are severely racial. They hated the fact that a white person could have the support of Zimbabweans. Like I have always said I have never seen the difference between our colours. I am a Zimbabwean and I have always given my best to anybody who is Zimbabwean and never worried about the colour.

So you don’t know Violet, but basically there are people within Zanu PF who are trying to make this thing fail at all cost and basically wanted to use me as a tool to either make the MDC walk away from the deal or to use me as a tool to bargain certain positions with.

Gonda: So do you think your appointment as the Deputy Minister of Agriculture was to spite Zanu PF, considering that you are white? And that your appointment could have been read as spiting the regime that chased most white commercial farmers, including yourself, from their farms?

Bennett: Violet I think more than anything my appointment was by the Prime Minister who assessed his candidates for government and placed people with the most experience and the ability to deliver in the positions he believed they would deliver and I think that is the reason why I was placed where I was placed.

I don’t think it had anything to do with the fact that I am white or to spite anybody. I think it’s got a lot to do with trying to rebuild a nation that has been completely shattered and destroyed by years of hate, vengeance and maliciousness and basically that is what people have to overcome. And it is in that spirit that I believe I was appointed and I think it is in that spirit that I will work at that position.

Gonda: You know some people have been asking why did you go back to Zimbabwe knowing that you had a case hanging on your neck?

Bennett: There was never any case. It was always trumped up stuff and I was never fearful because I had not done anything wrong. But in view of the Global Political Agreement, in view of the assurances I was given by the South African government and SADC that we were moving forward on this thing I came home to take up my rightful position in my home - under a period whereby we were moving forward with goodwill and unity to deliver on our nation. So those were the reasons I went home. So at no time was I ever thought there was a case that could be brought against me because I had not done anything wrong.

Gonda: So you were actually given assurances by the South African government?

Bennett: I was yes.

Gonda: Who in the government?

Bennett: Well senior members there and I am not at liberty to name. Very, very senior members within the South African government.

Gonda: So do you think they did enough to secure your release?

Bennett: You are dealing with despots Violet and I honestly do believe that everybody concerned played a part in getting me released. But when you are dealing with people that believe they have the sole right to Zimbabwe. They are war veterans and they believe it is their total right to rule Zimbabwe how they see fit – unanswerable or unquestioned by anybody. And people that will go to any lengths to remain in power, to destroy the country, and to destroy anybody around the country who opposes them.

They are not going to listen to anybody and there is no amount of pressure that can be brought to bear on despots. Despots have thrown all caution to the wind and will do anything. I do think they have tried and I think my colleagues in the MDC tried very hard and one hopes that there are elements now that are beginning to see that we need to have an open heart and reconciliatory nature in moving this thing forward.

Gonda: Earlier on you talked about the appalling conditions in prison and you said there is a genocide taking place there. Can you compare your previous experience to this one and is there a difference?

Bennett: There is a huge difference Violet. A huge, huge difference. The conditions before were bad as far as the toilets were concerned, as far as the blankets, lice and everything else was concerned. But at least then – when I was in prison – people were getting three meals a day. They were getting a cup of porridge in the morning and a cup of tea. They were getting soap issued once a week. They were getting fruit every weekend. So they were getting breakfast, lunch and supper. They were getting meat once a month and the relish was edible. But now you have one meal a day that is half the ration of sadza that was being given the last time with salted water. You have absolutely no soap being issued, you have no fruit coming in, you have nothing else.

So when I say it’s genocide it’s definitely a genocide because anybody that is going into prison for any sustained length of time and does not have family who have the means to support them and come and visit them in prison and bring them food those people are going to die - because the diet that is there nobody can live on. And there are walking skeletons in that Mutare Remand Prison that are complete proof; and whilst I was there five people died in the most emaciated conditions you could ever wish for, where they had become unconscious, defecating in their blankets and eventually died from the state of the food they were receiving in prison.

Gonda: When you say its genocide do you think it’s deliberate and is there something that the government can actually do about this?

Bennett: Well obviously they can do plenty about this Violet and that is by opening their hearts and begin to have the goodwill to rebuild the country. Why is the country in the state that it is in? Why has it been reduced to such levels where you have the Minister of Justice who hasn’t got the means to be able to deliver any form of budget to the prisons yet they continue to arrest people, they continue to overcrowd the prisons and they can’t feed them? So that has to be genocide.

Surely when you can’t feed someone in detention and they have no access to be able to get any food you are killing them. So surely you would stop arresting or declare an amnesty and release people or do something to save life. But it continues. Everyday there were about five, six and sometimes 12 more people coming into the prisons and no one being released because none of the guys who were on remand were going to the magistrates’ court, because the prison didn’t have a vehicle. And for a prison that should have had 160 inmates you have 360 people. So it is just a total, total mess that could be avoided by decisions to stop arresting people or releasing people on bail so that they can get out and eat while waiting for their trial.

Gonda: So given what has happened to you is it safe for other activists and personalities to return to Zimbabwe at this time?

Bennett: You know Violet you cannot hide from these people forever because the more you hide from them the more you give them the power of fear and the more aggressive they become. So I firmly believe that the only way to challenge a bully is to stand up to him and take it to the limits. They must do whatever they want to do. If they are going to kill me or whatever they want to do they must do it. I have done nothing wrong. All I have ever done is stand up for people who have elected me into a position, stand up for what I believe on, stand up for what is right and try to hold my integrity through this whole crisis.

If that means I will be incarcerated again, killed, whatever so be it Violet. These things come to an end. These sort of dictators and the sort of people filled with hate and vengeance thank God are very few in Zimbabwe and they are isolating themselves every single day. And the population is becoming more and more angry at being held at ransom by a few people who believe it is their sole right to rule Zimbabwe unquestionably.

Gonda: You have been talking about forgiveness so do you think the same should be applied to perpetrators of gross human rights violations?

Bennett: Most definitely not. Yes you forgive people but there has to be repentance from the people you are forgiving and there has to be justice. Forgiveness, justice and repentance all go hand in glove. Perpetrators of violence, people who have committed murder, acts of rape, acts of arson, and acts of theft against other political victims sponsored by the State or the opposition against Zanu PF – everybody has to be brought to justice in order to have national healing. You will never have a national healing unless you have justice. So yes I can forgive somebody but that person then has to face the justice system and go through the process of either being convicted or acquitted as a result of their actions.

When I say forgiveness, to heal a country and for us as Zimbabweans to move forward we have to in our own hearts forgive those who have perpetrated acts against us personally. Because unless we do that we build up hatred and vengeance in ourselves and start recycling all over again – where we start now applying the very principles that have been applied to us in order to get even with the people that did it to us. And that’s very wrong.

We need to forgive those who have been used by a regime to commit these acts against us and then the issue of justice taking its course needs to happen whereby there can be no impunity. The courts, the rule of law has to be totally re-established, the police have to operate without fear or favour and the courts have to operate independently with a separation of powers - rather than the interference and fear that is put into the magistrates, the clerks of courts and the prosecutors by people that threaten them with their lives or imprisonment.

Gonda: While you were in prison Robert Mugabe actually swore in all the Ministers into the new inclusive government. And you are the only Minister left to be sworn in. You have already said you will take up the position of Agriculture Minister, so do you know when you will be sworn in?

Bennett: I understand and I was with the President (Tsvangirai) yesterday in Buhera and he basically said to me that the governors need to be sworn in so when the governors are sworn in, I will be sworn in together with them.

Gonda: And you will be sworn in by Robert Mugabe?

Bennett: Yes. Ya.

Gonda: How do you feel about that?

Bennett: I feel very desperately sorry for the man Violet. I pray for him and I have forgiven him and I have no problem – maybe to look him in the eye and shake his hands and say to him that I have forgiven him, that I sincerely hope that we can move this country forward in the best interest of everybody, might have a good effect.

Gonda: Do you think he will have a problem swearing you in?

Bennett: That’s his problem. You know I sincerely hope not and I hope he has the same spirit that all of us have to try and move this thing forward.

Gonda: And I don’t know how much you have been briefed about what’s been happening on the farms while you were in prison. Many farms were invaded actually while you were in prison and the courts have ruled that the SADC ruling on protected farms is not binding. So first of all what is your view on the current invasions, especially as you are the Deputy Minister of Agriculture designate?

Bennett: Violet I am sure that everything that is happening now is illegal and I am sure it is something that is again a process whereby people are trying to grab what they can while they can and with impunity. But again these issues will be revisited, they will be dealt with in accordance with the law and basically the whole process will be sorted out. We have to get back to the rule of law. We have to get back to respecting SADC rulings and judgements and whether we like it or not I honestly believe that will happen.

Gonda: Some people say just this pairing up with a person like yourself who is highly disliked in Zanu PF – and you will be the Deputy Minister of Agriculture - a white commercial farmer for that matter – how are you going to do it? What sort of plans do you have to turn it around? Is it a priority to resuscitate farming now and how easy will it be considering that it has been decimated?

Bennett: I think it’s a serious challenge ahead of us Violet but I don’t think it’s an impossible challenge. I think like anything it’s your spirit of what’s in your heart in moving these processes forward. And like I have said before I will enter into the position with the total clear and open heart to make agriculture productive again and it is possible to do that. It is possible to sit down with people and work a way through everything that has happened – nothing is impossible and it’s the will and the perseverance and genuine goodwill, the good heart that you have that can make these things work. And I honestly believe that it is possible and that we will eventually get there.

Gonda: Have you had a chance to speak to the Minister of Agriculture?

Bennett: I haven’t. No unfortunately I haven’t.

Gonda: When you returned to Zimbabwe, it is said that you visited your old farm in Chimanimani – Charleswood Estate. Given an opportunity would you want it back, would you want to return to the farm?

Bennett: Firstly that is irresponsible reporting and totally incorrect that I went to Charleswood farm. That is absolute nonsense. I never went anywhere near Charleswood farm. Secondly yes I would move back on to my farm tomorrow. That farm was taken from me through political victimisation. It’s been totally destroyed, there is nothing happening there and in the interest of moving agriculture forward and in the interest of unity I have a right as a member of the government to property that I own. It’s got nothing to do with me being white. It’s got nothing to do with me being a commercial farmer. I am a Zimbabwean who has been politically victimised of something that he owns. I am sure there will be a way to work through this and yes I will go back onto my farm and I will rebuild it and I will move forward in the interest of the community of Chimanimani and in the interest of doing what I do best and that is farming.

Gonda: vaBennett perhaps I can end here by saying we hope to speak with you at a later date when you have settled in since you have just come out of prison and I hope we can chat some more on the crisis in the agricultural sector.

Bennett: With pleasure Violet, anytime. Obviously I still need to get my feet on the ground and understand where we are going and then with pleasure. Anytime.

Comments and feedback can be emailed to vio...@swradioafrica.com

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