17 Apr 2020
Over the past few months, nations of the world have been shaken to the core by the COVID-19 pandemic, commonly referred to as the Coronavirus, which started in China in 2019. The virus has spread across the planet claiming at least 131 000 lives globally. So severe has been the epidemic that on 11 March 2020, the World Health Organisation (WHO) declared it a global pandemic.
In order to bolster the protection and safety of humankind, governments across the globe have been instituting robust measures such as restriction of movement, mandatory testing as well as putting the affected under isolation.
Zimbabwe has been no exception as the government imposed a 21-day total lockdown that started on Monday 30 March. This followed another measure, in the form of Statutory Instrument 77 of 2020, which was gazetted by the Ministry of Health and Child Care on Monday 2 March. Statutory Instrument 77, also cited as the Public Health (COVID-19 Prevention, Containment and Treatment) Regulations 2020, seeks to aid the prevention, containment and treatment of Coronavirus by giving government broad powers to ban gatherings, undertake compulsory testing, quarantine individuals who would have tested positive and to arrest anyone who breaches these measures.
Suffice to note that if implemented to the book, SI 77 will have substantial negative ramifications on the socio-economic wellbeing of the vast majority of the same citizens it seeks to protect, particularly the already impoverished populations living in urban and peri-urban formal and informal settlements.
Section 8 (1) (l) of SI77 empowers government, through the Minister of Health to “authorise in any local authority the evacuation, closing, alteration or, if deemed necessary, the demolition or destruction of any premises the occupation or use of which is considered likely to favour the spread or render more difficult the eradication of such disease (Covid-19), and to define the circumstances under which compensation may be paid in respect of any premises so demolished or destroyed and the manner of fixing such compensation”.
Thus in terms of this provision, any building, including houses, can be demolished by the state if the Minister of Health and Child Care deems it to be impeding efforts to curb the spread of Coronavirus. This section is a stark reminder to Operation Restore Order/Murambatsvina of 2005, which was meant, “to restore sanity in the Housing Sector” but ended up condemning at least 570 000 people to homelessness, loss of livelihoods and several other severe vulnerabilities which most have not recovered from fifteen years down the line.
Most of these people currently live in informal urban and peri-urban settlements within and around Harare such as Epworth, Hopely as well as Bellapasie, Rest and Retreat Farms. These settlements are overpopulated and do not have refuse collection, water and sewer reticulation facilities. Residents rely on shallow wells and pit latrine toilets, most of which are within five-metre proximities. Now, these are the conditions that aided the spread of the cholera pandemic that killed thousands of people in 2008 and 2018. They are equally conducive for the spread of the current Coronavirus epidemic. This thus renders these settlements liable for demolition under Section 8 (1) (l) of SI77.
Government is fully aware of the potential of these conditions to spread communicable diseases, such as cholera and Coronavirus. This is outlined in the reports of The Commission of Inquiry into the Matter of Sale of State Land In and Around Urban Areas Since 2005 which was handed over to President Emmerson Mnangagwa by Justice Tendai Uchena at State House on 9 December last year. That is most probably why government deliberately included Section 8 (1) (l) in SI 77 of 2020, providing for demolition of any premises (including houses) the occupation or use of which may favour the spread of the Coronavirus or make difficult its eradication.
Suffice to mention that these settlements did not mushroom, grow and exist for such a long time until now without the knowledge and sometimes authorisation of the responsible authorities. Government at both central level, constituted by the ruling ZANU PF party since independence in 1980 and at local level dominated by the opposition Movement for Democratic Change (MDC)since 2000 (in the case of Harare) have been aware and allowed these conditions to flourish. This makes both political parties culpable of commission, omission and collusion in the emergence and existence of these same settlements they may now collude to demolish using Section 8 (1) (l) of SI 77 of 2020.
These conditions are a creation of the greedy, corrupt, and inept conduct of land barons and administrators with powerful political connections and positions who enriched themselves while endangering the lives of the poor. Demolishing these houses when the culprits have not be held accountable would be a severe travesty of justice. It would also be a negation of the commitments made by both ZANU PF and the MDC Alliance in their 2018 election manifestos-to provide safe and secure housing for millions of Zimbabweans before the next election in 2023.
Suffice to note that one need to critically analyse Section 8 (1) (l) of SI 77 of 2020 in order to understand the potential dangers it poses. Firstly, its authorisation of demolition of houses that the executive would have deemed to aid the spread of the epidemic will be a violation of Section 74 of the Zimbabwean constitution which stipulates that “no person may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances.”
Secondly and more frightening is the provision that authorises the Minister of Health to “define the circumstances under which compensation may be paid in respect of any premises so demolished or destroyed and the manner of fixing such compensation”.
Assuming that demolition of any premise is undertaken, the fair thing would be to have pre-established guidelines or formulae for compensation, including timeframes within which the compensation has to be paid. This would be the fair and logical course of action given the economic volatility and hyperinflationary environment currently obtaining in Zimbabwe. A matter as critical as compensation should not be left to the discretion of the same Minister who would have authorised the demolition in the first place. This would be akin to government designating itself as the judge, jury and executioner with no accountability, which is an anathema to a constitutional democracy that Zimbabwe ought to be.
Inasmuch as containing the Coronavirus should be the topmost priority, in the quest to contain the epidemic, policymakers should also be wary of creating even bigger challenges as this would amount to the proverbial folly of kupisa imba nekuda kuuraya makonzo anetsa (burning the hut to kill troublesome rats). What use then would SI 77 be if it ends up causing house demolitions and violation of sacrosanct rights to shelter, social welfare and freedom from arbitrary evictions as ring-fenced by Sections 28, 30 and 74 of the constitution respectively.
Even though it is probable that government does not intent to demolish houses, the mere existence of this provision means it can be enforced anytime leaving several thousand citizens displaced and without shelter and access to social protection as was the case with Operation Murambatsvina. Suffice to note that the City of Harare is currently embroiled in several bitter wrangles with “illegal settlers” whose houses they have been trying to demolish only to be restrained by court interdictions. Equally, central government, through the Ministry of Lands, has been intent on demolishing houses of “illegal farm occupiers” as evidenced by issuance of seven-day eviction notices to some beneficiaries of the land reform program last year. We fear that Section 8 (1) (l) of SI77 can be capitalised upon to implement house demolition agendas that existed long before the Coronavirus epidemic.
We have seen this happening across the world, with governments capitalising on pandemics to implement policies to achieve pre-existing agendas. In their dialogue on United States policy in the Middle East, in a book entitled Perilous Power, renowned scholars Noam Chomsky and Gilbert Archcar argued that even though 9/11 attacks had no connection whatsoever with Iraq, the attacks gave the U.S under Bush Junior “a perfect opportunity and the ideological cover to invade Iraq in 2003,” something that the U.S had wanted to do from as long back as 1991.
Last week, Newsday Columnist Paida Mzulu also argued that the Coronavirus outbreak in southern Africa had given the government of South Africa the perfect excuse it needed to deal with undocumented immigrants from Zimbabwe by erecting a border fence along the Limpopo River. And in Zimbabwe, many have argued that the Coronavirus gave government an opportunity to reintroduce the United States dollar, something they had been intending to do for some time. These scenarios give credence to fears that SI77 can be used to undertake house demolitions.
In any case, without intentions to demolish buildings, why would a financially struggling government go to pains to volunteer compensation for demolition of structures? Even if the initial intention may be to demolish premises other than houses, what guarantee is there that the open cheque that Section 8 (1) (l) of SI77is will not be used to include demolition of houses. Not so long ago, we witnessed the Zuva judgement capitalized upon with devastating consequences. We should not take chances with SI 77.
The best way to pre-empt this from happening is for government to adopt a pro-poor, human rights-based approach that places marginalised citizens at the centre of Coronavirus policy formulation processes.
Last week, an Indian doctor, Peter Dreier, in a message largely circulated on social media, pointed out that most of the ways being prescribed to curb the spread of the Coronavirus, such as social distancing, hand washing and use of hand sanitisers are privileges of the rich. This view was also echoed in neighbouring South Africa, where Abahlalibase Mjondolo, a civil society movement fighting for housing rights for shack dwellers pointed out that poor people had neither participated ”in decision-making nor “been taken into consideration ”by the South African government’s strategies and measures to prevent the Coronavirus. Both views are hugely applicable here in Zimbabwe where current measures do not take into consideration the plight of the majority of Zimbabweans, especially those who live in overly populated informal settlements without access to water and sanitation facilities essential for hygiene practices to combat the Coronavirus.
Instead of contemplating demolition of houses ,the government should opt for alternative measures that are more humane. I prescribe four such measures that government, at both central and local government levels, can easily implement with the resources they already have.
Firstly, as I have already posited earlier, government should adopt a pro-poor approach in the formulation of policies and strategies to contain the Coronavirus. This should start by amending or even removing Section 8 (1) (l) from SI77 of 2020, in order to eliminate the option of demolition of premises such as houses which may be deemed to be spreading the Coronavirus or inhibiting efforts to stop it.
Secondly, government should facilitate uninterrupted access to clean portable water to all urbanites, especially in high-density suburbs and informal settlements to enable undertaking of hygienic practises such as hand washing. This measure should include suspending water cuts and rationing, and investing more in water treatment chemicals and bowsers for water delivery to those communities without piped facilities.
Thirdly, government should increase frequency and reach of refuse collection services to cover even the informal settlements that currently rely on illegal dumpsites within their communities. This should also include disinfecting the cleared illegal dumpsites in order to exterminate the germs that may spread the Coronavirus.
Last, but not least, awareness raising on the Coronavirus should be intensified through timely and consistent dissemination of accurate, truthful and scientific information pertaining to the toll of the pandemic, and how to combat it. Such information should be disseminated in all 16 official languages of Zimbabwe, and should reach all corners of the country. This is because an informed citizen is better equipped to protect themselves and to assist government efforts to curb the epidemic.
Even though these services are already within the mandate of government to provide with or without the corona epidemic, our clarion call on government is premised in the belief that there are better alternatives to combat the spread of the Coronavirus than the house demolitions being prescribed under Section 8 (1) (l) from SI77 of 2020.
Francis Mukora is a certified public policy analyst, journalist, human rights campaigner and social justice activist. He currently works as the Research and Advocacy Coordinator for Community Alliance for Human Settlements in Zimbabwe (CAHSZ) an organisation that advocates for safe and secure access to land, housing and socio-economic rights for internally displaced communities around Zimbabweans.
7 Apr 2020
It’s been nine days since the President of Zimbabwe, Emmerson Mnangagwa announced a 21-day lockdown in a bid to limit the spread of Coronavirus in the country. Citizens took heed of the measures to curb the spread of COVID-19, albeit lack of a clear implementation strategy or consultation.
It is argued that interventions such as the national lockdown, observing social distancing, closure of public places and ban of public gathering among other measures are contributing to a greater extent to the low numbers of people that have tested positive in Zimbabwe. However, other sections of the community highlight that the low rate of people tested has a huge gearing on the knowledge of our infection rate. By end of day 8 (Monday 6 April 2020) 371 tests had been conducted, 361 people tested negative, ten tested positive and one death has been recorded. Provincially, there was one confirmed case in Matabeleland North, four in Mashonaland East and five in Harare.
NANGO also appreciates the role of civil society, government and the private sector of ensuring that there is wide information dissemination so that people’s awareness about coronavirus, its prevention, symptoms, treatment, testing and where to report suspected cases is raised. NANGO members are playing a key role during this period through mobilising resources such as sanitary pads for young girls during this time of immobility and early closure of shops, offering legal services in a bid to promote access to justice during the lockdown, offering psycho-social support to victims of gender based violence and domestic violence. Humanitarian organisations have continued with their efforts of ending hunger through facilitating food distribution in communities, observing the COVID-19 distribution protocols so that they don’t end up being vehicles of COVID-19 jeopardising the communities and their own lives.
It is encouraging to note that citizens have understood the need to adhere to ways of curbing the spread of coronavirus, cooperation from citizens is evident. However, some of the measures’ pragmatism is constrained by the need to fulfil human needs and wants which enable a modest life such as rural and urban dwellers having to queue for basic goods such as water at communal borehole pumps and taps and shops to buy essential food items. Other concerns being raised, by citizens have to do with right to privacy as police interrogate commuters publicly about where they are going and for those going to access critical medication which needs confidentiality are then highly compromised. The plea of informal traders, on how the lockdown has substantially eroded their source of income which traditionally is based on a hand to mouth model.
It is worrisome that some of our members have received complains of human rights violations perpetuated by some police officers. We noted that police officials have been moving in large numbers without wearing personal protective equipment. This basically means that the police officers are prone to contracting coronavirus just as much as they may spread it. Grouping people together, like what was witnessed in Bulawayo at the city’s Central Police Station during detention of more than 50 people for close to three hours also goes against measures of curbing the spread of coronavirus.
NANGO implores citizens to continue practicing social distancing, avoiding gatherings and practicing good hygiene in view of preventing spreading or contracting COVID-19. NGOs are urged to find ways of offering services and goods that are crucial for improved health service provision, access to water and access to correct information regarding the prevention, symptoms, treatment, testing and where to report suspected cases. We urge the government to restrain police officers, instruct them to desist from excessive use of force and perpetuating human rights violations. The lockdown affects Zimbabweans differently and it is very important for the police to understand that how they treat citizens could have daunting effects in an already frustrating economic, social and political environment.
The Ministry of Health and Child Care should ensure that frontline health care workers are provided with effective personal protective equipment, sanitisers and soap. Health care workers should be compensated accordingly for the efforts that they have put in to keep the spread of Coronavirus under control while also making sure that their families are safe. The ministry should also ensure that families of the affected and infected receive counselling in order to cope with the effects of COVID-19 on mental health. In the long term, working conditions of health workers should be improved in order for the sector to effectively and timely respond to unforeseen disasters and emergencies.
NANGO is the officially recognised coordinating body of NGOs operating in Zimbabwe. It is a non-party political, non-profit making and non-denominational official coordinating body of NGOs in Zimbabwe. It is mandated by its membership to coordinate the activities of NGOs, represent the NGO sector and strengthen the voice of NGOs in Zimbabwe.
For further engagement during this period please don’t hesitate to get in touch with NANGO Executive Director Leonard Mandishara on +263774078026, NANGO Board Chairperson Ronika Mumbire on +263712724911 or NANGO Board Secretary Dr Joachem Hatizivi Nyamande on +263784530915
31 Mar 2020
The National Association of Non-Governmental Organisations (NANGO) acknowledges the position that was taken by the Government of Zimbabwe of instituting a 21-day lockdown with effect from Monday 30 March 2020, in a bid to enhance its response measures against the spread of COVID-19. NANGO understand that Zimbabwe like many other countries, is traversing in uncharted ways, where the fundamental human right to health is under serious threat. This therefore dictates that there is need for amalgamation of efforts of all stakeholders if the country is to come up with a robust, inclusive and efficacious COVID-19 response strategy.
There are a plethora of measures that have been taken by the Government since the advent of the novel virus in Zimbabwe. On the night of 27 March, the Government announced that the country will be in full lockdown from 30 March 2020 for 21 days. Furthermore, the modalities that characterise the lockdown were highlighted and include availing of essential services for health professionals and for communities to continue accessing essential goods and services that will ensure that the people will not starve.
We are cognisant that the times are precarious, but as NANGO we strongly feel that the Government should have considered some level of virtual consultations with non-state actors in coming up with the package of measures towards the lockdown. This would have ensured that critical aspects for the vulnerable groups like homeless people, children in the streets, orphaned and children in vulnerable circumstances, persons with disabilities, women headed households in vulnerable circumstances, persons living with certain health conditions, elderly people amongst other disenfranchised groups’ peculiar needs are catered for.
The lockdown is one of the most convenient strategies to decisively constrain and eradicate COVID-19 in our space. However, this move should have been put in place in a wholesome way, not just being proclaimed with no accompanying fundamental considerations on how the welfare of the diverse communities will be promoted and or maintained. The declaration currently is void of practical concerns of the vulnerable and disenfranchised groups in the society which are left to ponder between the effect of hunger and access to medication and, the detrimental consequences of contracting COVID-19.
Concerned that citizens’ further reluctance to cooperate has grave consequences to both the end and spread of COVID-19 and cognisant of the plight of citizens in this uncharted path, NANGO therefore recommends the following:
NANGO is the officially recognised coordinating body of NGOs operating in Zimbabwe. It is a non-party political, non-profit making and non-denominational official coordinating body of NGOs in Zimbabwe. It is mandated by its membership to coordinate the activities of NGOs, represent the NGO sector and strengthen the voice of NGOs in Zimbabwe.
For further engagement during this period please don’t hesitate to get in touch with NANGO Executive Director Leonard Mandishara on +263774078026, NANGO Board Chairperson Ronika Mumbire on +263712724911 or NANGO Board Secretary Dr JoachemHatiziviNyamande on +263784530915
19 Mar 2020
Civil Society Organizations (CSOs) working and programming under the National Association of Non-Governmental Organizations (NANGO) health sector led by Zimbabwe AIDS Network (ZAN) engaged through various platforms and came up with a common position in response to Coronavirus Disease (COVID-19) outbreak. COVID 19 was declared a global epidemic by the World Health Organization (WHO) on 30 January 2020 and is spreading rapidly and causing untold mortalities.
Premable
CSOs in the health sector are concerned that any potential spread of COVID-19 has social, economic, and security threats for the country. Further, taking into consideration that the Constitution of Zimbabwe, Universal Health Coverage, Transition Stabilization Program, National Health Strategy and Sustainable Development Goals, which are strategic agendas for the socio-economic transformation of the health sector in the country, will be severely disrupted by disease outbreaks such as the COVID-19 if there are no measures for timely coordination, collaboration, and communication of bold decisions.
Cognizant that any potential COVID-19 spread in Zimbabwe would be devastating in light of the multiple health challenges that the country is already faced with, which include: (1) incapacitation of health personnel; (2) acute shortage of essential drugs owing to foreign exchange incapacities (3) existing endemic diseases such as HIV, TB and Malaria, (4) antiquated health equipment and infrastructure, with limited resilience to numerous disease outbreaks;
Noting the role of public health institutions to respond to public health emergencies as declared by WHO and all relevant stakeholders;
Noting and cognizant of the strong evidence that health security depends on the establishment of resilient and adaptive national health systems, with a clearly defined public health coordination mechanism that is well funded;
Acknowledging efforts by the Ministry of Health and Child Care and other stakeholders including CSOs, private sector and the statement by the President of Zimbabwe in response to COVID-19 outbreak;
Commits to coordinate efforts and collaborate with other stakeholders including the Government in response to COVID-19.
Welcomes the statement made by Government to enhance capacity to respond to any potential cases of COVID-19.
Enhances community-based monitoring and surveillance for COVID-19.
Ensures effective communication and community engagement by sharing correct, apt and timely information concerning COVID-19.
Calls upon the Government of Zimbabwe to consider the following actions as part of the national response:
We call upon CSOs to consider the following actions as part of the national response:
27 Feb 2020
The state of disaster preparedness and climate resilience in southern Africa will come under the spotlight at a gathering taking place in Mutare, Zimbabwe, from 2 to 4 March 2020. This dialogue will also mark the first anniversary of Cyclone Idai and Kenneth which struck the region on 14 March 2019 and 21 April, respectively.
A little over a month after Idai, the region was hit by another cyclone, Kenneth, which made landfall in northern Mozambique. The aftermath of these massive cyclones resulted in unprecedented humanitarian disaster with millions of people left without shelter, food and water, and millions of dollars’ worth of damage to homes and public infrastructure. The cyclones exposed the dire need for a proactive approach to preparing for disasters by governments as well as rescue and civil societyorganisations in the region.
In response to this, seven organizations have formed consortium to convene a dialogue that will gather representatives from affected communities and other stakeholders in the region. The dialogue will reflect on lessons learnt from the cyclones and responses by various actors in the region and contribute to better disaster preparedness and climate resilience in southern Africa. Outcomes from the dialogue will be presented to regional government bodies towards ensuring relevant policy and practice reforms.
The partner organizations are Southern Africa Trust, Centre of African Philanthropy and Social Investment, Amnesty International, National Association of Non-Governmental Organisations, Action Aid, Southern Africa Youth Forum, and SADC Council of Non-Governmental Organisations.
The will dialogue will run under the theme “Preparing SADC region for disasters in the age of climate change”. The expected participants are survivors, community representatives, first responders, government and civil society bodies from Mozambique, Zimbabwe and Malawi.
23 Feb 2020
Monitoring & Evaluation and Youth Officer
Deadline: 6th March 2020
A local female Christian organization is urgently seeking for the services of Volunteer M & E and Youth Graduate Interns for :
Harare
Qualifications.A bachelor’s degree in Social Sciences, experience in project management and M&E will be an added advantage.
Youth Intern (below 30 years of age)
Qualifications: Honours Degree in Social Sciences,
Interested candidates should send their CV’s and Motivational letters to the following email: gs@ywca.co.zw
Please note that this a female only organization
24 Feb 2020
Deadline: 28 February, 2020
About
Sentinel Hub is an upcoming media organization that facilitates news and information dissemination through social media, online platforms, citizen journalism and freelance journalism. The organization is primarily based in Harare but has working scopes that spread across Zimbabwe.
Position summary
The position of Digital and Social Media Projects Officer requires a motivational and creative team player who will guide and lead a team of content producers in disseminating news on multi-media platforms. She/he will a spearhead the organization’s digital and social media enterprises and will be required to generate relevant proposals and reports.
Job Description
The Digital and Social Media Projects Officer will be expectedto:Implement editorial policy, plan and direct editorial activities; update and populating the organisation’s online news portal and related social media platforms; supervise the editorial team and establish production schedules; manage the organisation’s social media platforms; write stories and editorials; do copy editing; write proposals and reports; mentor upcoming writers and multi- media practitioners; design and implement business plans;
Qualifications, Competencies & Skills
The Digital and Social Media Projects Officer must:haveA first degree in journalism, media and communication studies, social sciences or related fields; proven skills in news editing, news writing and digital marketing; requisite experience in news editing, news writing and digital marketing; be technologically savvy, business and target oriented;be able to work independently, with clear goals little supervision; must have deep familiarity with current affairs in Zimbabwe and at global level; ability and scope to work online; additional ICT related qualifications will be an added advantage
To apply
Apply by sending a one-page resume and an application cover letter tht is not more than one page to:vacancy2020digital@gmail.com
Only shortlisted candidates will be contacted.
23 Feb 2020
Every Child In School #ECIS Campaign is pleased by the response the minister has given to ours and the many other voices that SPOKE against the increase in examination fees for Ordinary and A’ Levels. We appreciate the swift move in respond to the press statement that we released yesterday calling for the revoking of the examination fees. We also asked the government to scrap the the Examination Fees altogether.
The examination board last week had announced that; Ordinary level examination fees per subject for private and non private shall be RTGs $190 up from TRGs $15. Advanced level students will have to pay RTGs $351 up from RTGs $26.
In his reversing statement, the minister said that;
Following the publication of the 2020 public examination fees, it has been found necessary to carry out further consultations. While the examination fees that were published are based on the actual cost of each examination, the Ministry of Primary and Secondary Education would like to inform parents and guardians that following further representations, the recently released circular no the 2020 examination fees has been cancelled with immediate effect. New fees will be announced after further consultations have been made with all the relevant stakeholders. Parents and guardians are therefore advised to continue paying the old fees approved in 2015. Please be advised that deadlines for examination fees payment remain the same.
In her response statement, Ms Nyaradzo Mashayamombe, the leader of Every Child In School Campaign -ECIS welcomed the action by government and said that we remain worried: “What we have just leant from this situation of the exorbitant fees that Zimsec had introduced is that the right to education for children is currently vulnerable despite the constitutional provisions. Why do organisations like ZIMSEC not remain guided by that order? We are therefore now asking the government to immediately scrap altogether the examination fees taking into consideration that currently parents are struggling to even register the children’s examination fees. Should an allotter scraping not work in the current environment, what must surely happen is the gazetting of the current examination fees for the next five years so that they do not change, bearing in mind that the government is expected to be working towards a complete state funded free basic education system. In line with this, gazetting the current examination fees for the next five years, after which the government will be expected to altogether scrap the examination fees is a logical and sincere thing to do” she said.
Revrend Taylor Nyanhete, the Country Coordinator of Zimbabwe National Coalition of the Rights of the Child said Every Child In School Campaign welcomes this move by the minister but we need guarantees, this shock that we received when fees went up is against the rights of the child and causes parents to be always worrying. It shows our government is no aligning itself to the constitution especially section 75.
By doing this, the government will show citizens that it is committed to Constitution Section 75 which makes the responsibility of the government to ensure provision of basic education.
Tag a life International (TaLI) , Zimbabwe National Council for the Welfare of Children (ZNCWC), Women’s Coalition of Zimbabwe (WCoZ), Mambure Trust, Evangelical Fellowship of Zimbabwe (EFZ), UDACIZA, Justice for Children (JCT), PROWEB, Female Students Network (FSNT), Forum for African Women Educationalists Zimbabwe (FAWEZI), Research Advocacy Unit, Higher Life Foundation, Education Coalition of Zimbabwe (ECOZI), Zimbabwe Women In Politics Alliance, Rebuild Sakubva (RESA), World Vision, Issues Pane Nyaya, Katswe Sisterhood, Zimbabwe Alliance, Girls and Women Empowerment Network Trust (GWEN), Zimbabwe Women In Politics Alliance, Shamwari Ye Mwanasikana (SYS) Citizen Participation Trust, Shanduko, Jointed Hands Welfare Organisation, Zimbabwe Activists Alliance, Amalgamated Rural Teachers Union of Zimbabwe, Zimbabwe Parents for Handicapped Children Association. Umzingwane AIDS Network, Hope Alive Child Network, D.P Foundation, Child and Guardian Foundation, Christian Legal Society, Voice of the voiceless – Multiple Foundation, WWT, HOCIC, Progress Trust (Bubi), Impumellelo Trust, Kwa- Foundation Trust, Scripture Union Bulawayo, Cacile Trust, Sinethemba Women and Youth Trust, Vhulindlela Trust, Revival of Hope Trust, Queens Park Development Association, Sir Humphrey Gibbs Centre, Sir Humphrey Gibbs Centre, Young Women, Youth and Adolescents, Sthandiwe Children’s Home, Rozaria Memorial Trust.
For more infor: Nyaradzo Mashayamombe Executive Director TaLI; tag.alife@gmail.com RevTaylor Nyanhete Executive Director ZNCWC nyanhetetaylor319@gmail.com
23 Feb 2020
Introduction
The National Association of Non-Governmental Organisations (NANGO) and its partners, SMAIAS, SAPST, ZAN and ZiCHIRe are leading civil society in monitoring the National Indicative Programme (NIP) implemented by the Government of Zimbabwe with support from the European Union (EU). One of the key activities of this project is the publication of research papers. In this regard, the consortium requires the services of a consultant to conduct research on the following topic: Access to justice for Zimbabweans in the context of judicial reforms and the National Indicative Programme support.
Background
One of the focus areas of the NIP is support for the rule of law through justice sector reforms and increased access to justice for all without discrimination. The Zimbabwean justice system comprises various judicial organs set up by the Constitution, including traditional justice mechanisms, as well as the superior and inferior courts.
Customary courts do not have criminal jurisdiction but they constitute an important part of the justice sector in Zimbabwe, especially in rural areas, as they represent the most geographically and economically accessible means for citizens to seek redress.
The EU assistance towards access to justice under the NIP aims to ensure increased access to justice for vulnerable members of society through, among other things, capacity building for the justice system. Support for enhanced performance of the courts will complement efforts towards access to justice for all, through seeking to ensure that the primary justice system, which remains for many the only easily accessible source of redress, performs better in providing fair and equitable justice.
Description of Assignment
The overall objective of the study is to conduct research and produce a report on the topic: Access to justice for Zimbabweans in the context of judicial reforms and the National Indicative Programme support.
The consultant must study:
Methodology
The research will be a desk review. The consultant will review various documents which include Government publications and documents, EU documents on the state of the judicial system in Zimbabwe, The EU NIP Zimbabwe documents, prior research papers into the area of study as well as reports from civil society organizations working in this sector. Where possible, interviews with relevant civil society, government and EU officials as well as some programme beneficiaries will be conducted to corroborate desk research findings.
Organization of Work
The consultant will:
Deliverables
The researcher is expected to submit the following reports:
Qualifications, Skills and Experience of the Researcher
The following skills, experience and competencies are required:
Administration Information
Applications can be hand delivered and addressed to
The Project Coordinator
NIP Monitoring & Advocacy
NANGO
2 McGowan Road
Milton Park, Harare
Or sent via email to: programsmanager.nango@gmail.com cc: info.nangozim@gmail.com
Deadline: Monday 2 March 2020
23 Feb 2020
Background Introduction
COMALISO is a Zimbabwean, Ruwa-based liberal think tank – advocates for a free market economy. We regularly host informal meetings with progressive economists to perpetuate the free market mantra. Such meetings result in a series of discussion points that, if there is a policy implication, we refer them to relevant policy makers. A few months ago, we organised a dialogue meeting of 10 top Zimbabwean economists. Our motivation was the distortions in the fuel procurement and distribution sector resulting in shortages, distressingly long queues and weekly price adjustments. There is something fundamentally wrong with the current fuel procurement and distribution value chain. It does not seem our government has the answer to resolve this fuel crisis, but we are sure that left to its own devices, a free market economy ‘invisible hand’ can solve our problem.
Zimbabwe’s passenger and commercial vehicles range between three and five million, with a daily consumption of petrol and diesel well over 200 million litres per month. A country that does not produce oil; also with diminishing prospects of producing adequate foreign reserves cannot cope with such a monthly fuel bill under monopolistic conditions. The government has attempted to support ethanol production via a Green Fuels arrangement – deal mired in undefined contradictions. Millions of Zimbabwean’s have spent millions of hours queuing for fuel that is in short supply. The Zimbabwe Energy Regulatory Authority ZERA is caught in between liberalising the market and proposing pump prices that match the ‘open’ or interbank market for US$. Between February 2019 and now, ZERA has ‘adjusted’ the pump price from RTGS$1.50 to RTGS$20 – a massive 1300% increase in less than thirteen months!
Minister for Finance Professor Mthuli Ncube, habitually labelled ‘neo-liberal’, yet so far, failing to ‘liberate’ the fuel crisis. President Emmerson Mnangagwa is caught in between populism and pragmatism, but this ambivalence creates complications associated with illiberal practices: for example, currency controls resulting in cash shortages, high budget deficit due to large government, and shortage of goods and monopolistic media controls that lead to what economists term ‘cartelisation’ of the fuel sector. We citizens are not clear what role the National Oil Company of Zimbabwe, Reserve Bank of Zimbabwe, Trafigura, Total, Glencore and IPG play in this complex fuel supply algorithm. What we know is fuel ends up in bonded storage, but getting it out demands several processes no doubt tied to foreign currency availability and undefined ‘allocation’ systems.
2. Causes
Many reasons posited why Zimbabwe is failing to manage fuel deficiency. Our overall take is that government has unnecessarily classified fuel as a ‘strategic reserve’ – surprisingly a narrative congruent with the deposed Rhodesia Front government. Fuel is any other commodity – an enabler of quality life and production. Its widespread usage and intensity of retail access would make it impossible for any government bureaucracy to handle. The current system is flawed, only beneficial to a few suppliers connected to government and extremely detrimental to national productivity. Our economics group observed that:
3. Free market solutions
Freedom
Our overall submission is that whilst a free market approach is the solution, it is not necessarily the only panacea to all and sundry. In the case of Zimbabwe, bizarre human interplay in whatever economic system is fraught with unlimited potential for rent seeking and arbitrage. As an example, our telecommunications sector is ‘open’ but not competitive – the very reason we have no Vodacom and MTN to offer an alternative to our insane bundle charges. However, in a free market economy, an investor in fuel service stations does it based on procurement knowledge and his/her capital ‘depth’. Thus once issued with a licence – just as a ‘licence’ to operate a supermarket or a large format printing company, the investor procures diesel and petrol from whatever source they consider competitive.
Regulation
There exists sufficient levels of regulation – ZimRA, ZERA and Standards Association – to ensure quality procured is compatible with international standards. The responsibility of ‘regulating’ prices cannot be a preserve of ZERA in a free market economy. ZERA would not have sufficient information on the nature of diversified procurement, thus they must only be restricted to licensing and quality. Like we have observed above, ‘cartelisation’ may be a function of both scarcity and monopoly, but one cannot rule out possibility of price and quantity collusion in the sector. This is where the intervention of the anti-monopolies commission is vital and telling ‘justice’ of a free market economy inevitable.
Cost
Major determinant of pump prices are storage, handling, duties/taxes, oil company/dealer margins and transportation of the product. Fuel pumps into the Mabvuku storage tanks via a 500km pipeline from Mozambique. Technically, the pipelines are state-owned which again creates supply monopoly and arbitrage opportunities. It may be that Government of Zimbabwe argues how decades of investment in this pipeline cannot be discarded. Besides – goes the argument – our country’s road and rail capacities are incapable of sustaining the 30 million-litre capacity that the pipeline handles. However, we strongly feel petrol station investors can handle their own sourcing and distribution in order to define own cost structure. The current system is rigid and beneficial only to State ‘players’.
4. Policy options and recommendations
Recently, our government ‘published’ a decree that service stations with free (offshore, Nostro) funds can import own fuel supplies, but not before blundering about outlets ‘designated’ to sell in foreign currency. From the tone of our analysis, one can tell that tinkering with a single component of the value chain will not help much. As it is, even those fuel stations brave enough to sell in local currency are attracting long winding queues. We insist on a battery of policy adjustments that influence the supply and price sides. Remove petrol and diesel from the ‘strategic resource’ category. The State can put in place own strategic reserve system using own infrastructure to enable own consumption.
Allowing private investors to have a second pipeline is sustainable in the end to offer effective competition against State companies, road and rail transport. Zimbabwean consumers are burdened with unnecessary fuel taxes and ‘levies’ – apart from duty – a bewildering array of levies that act as a disincentive to import fuel, even with free funds. Zinara road levy, debt redemption, carbon tax, strategic reserve levy, storage and handling charges relating to importation, clearing agency fee, inland bridging, storage and handling related to distribution, secondary transport. By the time one adds the oil company and retailer ‘profit’ margin, pump price is well beyond comparative prices in SADC of around or slightly below one US$ per litre. Again, no one but the State benefits from these levies with no visible improvements to road and rail infrastructure. The issue of ethanol blending does not seem capable of reducing the supply and pump price paradox other than causing more distortions and controversies.
5. Conclusion
Zimbabwe’s capacity utilisation is under threat of inadequate energy supplies. State-controlled ZESA electricity company is struggling to supply power, thus if we hope to ever improve our country’s economy, this policy proposal must not be viewed a mere subject for ideological debate. There are unfounded suspicions of the so-called self-serving intentions of free market economies, but in what quagmire has ‘State control of everything’ left our country so far? Our submission is policy reform that allows private companies to change the supply and price dynamics of fuel for the good of national production. All plans of economic revival and re industrialisation come to nought without freely available fuel supplies. Let citizens play their role in development and leave government to governance and regulation, not business. Scarcity does not protect the poor but creates privileges for the elite. Zimbabwe has adequate infrastructure to support the oil industry where procurement is liberalised with each company sourcing independently.