intimidation and violence from rural areas prior to the outreach process, mainly accused the army,
police, war veterans and ZANU-PF youth groups. These have not as yet received training on human
rights and international law as was agreed to in the GPA.
NON-COMPLIANCE
The Inclusive Government has, on several occasions, failed to comply with national and international
laws and treaties. Unfortunately this relates to the established culture of impunity, whereby no
meaningful censure is ever incurred for misdemeanour. Domestically, the parties compromise to let
laws slide. SADC, the African Union and international bodies such as the diamond reviewing
mechanisms need to take a much firmer approach in dealing with a government that is so contemptuous
of legitimate regulation, at the expense of its people.
First of all, there is the government’s failure to comply with its obligations under the SADC Treaty and
honour the rulings of the SADC Tribunal. The Minister of Justice rejected the Tribunal’s jurisdiction
and dismissed its rulings as “null and void”. Justice Patel followed suit by declining to register the
Tribunal’s judgement in domestic courts. A finding of contempt against Zimbabwe was made in June
2009, and reiterated on 16 July 2010, and referred to the SADC Summit for ‘appropriate action’.
The shady dealing of diamonds from Chiadzwa has been another persistent area of concern, involving
the government’s rejection of international diamond watchdog recommendations, Parliamentary
contempt, human rights violations and displacement of residents, and the illegal and unwarranted
detention of a human rights activist working in the field. In early March, the Kimberley Process Monitor
to Zimbabwe, Mr Abbey Chikane observed “too many government agencies are involved in monitoring
and handling rough diamonds. This poses the danger of diamonds being swapped or stolen in the
process”. The Ministry of Mines repeatedly blocked access to the Chiadzwa site by the Portfolio
Committee for Mines and Energy who were investigating discrepancies - in spite of the clearance
that they had received from the Minsters of Home Affairs. In addition, it was at the instigation of the
Minister of Mines, Obert Mpofu, that the various companies involved, Mbada and Canadile, resisted
interrogation by the Portfolio Committee. The diamond fields remain largely under the control of the
army, with partnerships springing up covertly and millions of dollars in diamond revenue escaping
the country unaccounted for. However, in the 2010 Mid-year Fiscal Policy Review, Minister of Finance,
Tendai Biti, outlined a new approach to Zimbabwe’s diamonds which would return the revenue to the
national coffers, ensure that operations are conducted within the parameters of the law and allow
greater transparency. The proposed Diamond Act should be expeditiously drafted and set strong
measures against the corruption and exploitation that has preceded it.
Locally, there have been several other instances of non-compliance with the law by the parties,
including for example, Minister of Local Government and Urban Development Ignatius Chombo, who
was reported for abuse of office in the illegal acquisition of prime urban council land and then tried
to have the investigators arrested. There is also the issue that, in the period under review, vacant
constituency seats rose to 16. No by-elections have been held as yet to fill the vacant seats, which is
in breach of the Constitution and the Electoral Act.45 This latter case is just one example that
Veritas, Bill Watch 30/2010, 31 July 2010.
45
CIVIL SOCIETY MONITORING MECHANISM (CISOMM)
SIX MONTH SHADOW REPORT ON THE PERFORMANCE OF THE INCLUSIVE OF ZIMBABWE
45
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