14 posts from April 2008

The President of the Republic of Namibia
H.E. President Hifikepunye POHAMBA,
State House
Windhoek
Namibia. 

22 April, 2008.

His Excellency,

RE: Protest to the Refueling and Unloading of the An Yue Jiang

Pursuant to my earlier telephonic conversation of this afternoon with the Executive Director to the President, Ambassador Kamati, I am writing to express my disgust and condemnation of the scheduled refueling and the subsequent unloading of the Chinese vessel, the An Yue Jiang, at Walvis Bay. This lethal cargo comprising of weapons of war destined for Zimbabwe is the catalyst for genocide.

These weapons will enable the Zimbabwe Republic Police Riot Squad, Youth Militia, and rogue Army elements to project disproportionate force, indiscriminately inflict horrific injuries and cause the unfortunate deaths of a multitude of innocent unarmed Zimbabwean civilians who include my family and friends.

The Presidential election results in Zimbabwe are still to be announced; basic commodities are in short supply and lawful and peaceful demonstrations by Zimbabwe’s civic society are being brutally suppressed by regime military officers.

It is repugnant that the Government of Namibia would consider aiding and abetting tyranny in Zimbabwe and become a willing accomplice in the gross violations of human rights. Equally culpable shall be the members of your government and SWAPO who are waiting for a request from NamPort and other authorities before advising your esteemed office to permit this vessel of genocide to enter Namibian territorial waters to refuel and offload this cargo.

Namibia and its government risk being caught on the wrong side of humanity. Should this cargo find its way to Zimbabwe with your acquiescence, we the citizens of Zimbabwe shall hold the Government of Namibia liable for any breaches and abuses of humanitarian law that shall emanate from the use of these weapons by ZANU (PF) in Zimbabwe.

I humbly urge you to cease this abhorrent bilateral nexus and instead render support to those seeking democracy, justice, and peace. Zimbabweans prevail upon you to do the right thing and turn this ship away.

Kind regards,

 

Phil Matibe

Zimbabwean Citizen in Exile

ZANU (PF)'s Bovine Excrement – Government of National Unity

Robert Mugabe lost the presidential election and must vacate the State House and the Office of the President forthwith. The stillborn ZANU (PF) project for a government of national unity led by Mugabe is an insult to the electorate, absurd, and wishful thinking.

The people of Zimbabwe spoke on the 29^th of March, 2008. Robert Mugabe is either clinically deaf or politically blind. His sycophantic cronies need to understand that it's over. According our constitution the next government of Zimbabwe is to be formed by the winner of the March 29 elections under the "winner take all" system. Anything less is an affront to the people of Zimbabwe.

The Presidential election results should be announced and then it is incumbent upon the incoming President to announce a government of national unity should he wish, and not the outgoing loser of the elections.

In plain Oxford English, Robert Mugabe lost the elections. The people of Zimbabwe no longer want him as their President, in Shona – Mugabe chienda, in Ndebele – Mugabe hamba, and in military language - Foxtrot Oscar.

The time for an honourable exit agreement is gone, (nguva yekutaurirana yakapfuura). Robert Mugabe and his rogue military generals are ordering weapons of war, perpetrating heinous crimes at night, and demanding a coalition government of national unity by day. Post election violence is escalating and the results of the presidential elections are still outstanding.

When a baby soils its disposable napkin (diaper), it is thrown away and a new clean one is provided. No loving parent will merely shake the solid waste off the soiled nappy and dress the baby again with the same napkin. Why should we as Zimbabweans accept a soiled napkin – ZANU (PF) instead of a clean one – MDC? Remember, "Politicians are like napkins, full of excrement, they also have to be changed every once in a while".

The only viable options left for Ex-President Robert Mugabe are to voluntarily present himself to the Matron of Engutsheni Mental Institution, to the Chief Warden at Chikurubi Maximum Prison, or leave the country for an eternal exile.

03/24/2008

GENERAL COURT MARSHAL (GMC) - The People vs. SERVICE CHIEFS

Zimbabwe’s young democracy has been threatened by yesteryear’s freedom fighters that saturate the top ranks of our armed force’s general staff. The termination of these officers’s tenure through a swift, well calculated legal process, in the form of a general court-martial is now necessary. The short term and indeed the future long term survival of a democratic post-tyrannical government depends on the strict adherence to military law and discipline.

It has been noted that, “Without the values and traditions of the Zimbabwe Defence Force corps of regular officers, and without effective and unbending enforcement of military discipline, no reliable armed force can exist. The Constitution could ultimately have less worth than the paper on which it is printed.” Treason by persons subject to military law is triable by court-martial under the Zimbabwe Constitution.

Part of the Zimbabwe Constitutions reads:

Article96  Defence Forces command thereof.

(5)     An Act of Parliament shall make provision for the organisation, administration and discipline of the Defence Forces, including the appointment of persons to offices or ranks in the Defence Forces, their removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service.

 

PART VI: JURISDICTION OF MILITARY COURTS AND CIVIL COURTS, PROCEDURE AND EVIDENCE

45 Jurisdiction of military courts

(1) Subject to this Act, a court martial may, inside or outside Zimbabwe, try—

(a) any member for an offence in terms of this Act;

(b) any person—

(i) within the period of three months after he ceases to be a member of the Regular Force, for an offence in terms of this Act committed while he was a member.

The Police Act and Defence Act are specific on issues of Military, Police, and Para-Military discipline, and are clear on the exclusion of military officers from political activity. As Zimbabwe forges ahead towards a robust democracy, seditious officers must be held accountable for their threats of a pre-emptive coup-de-tat and forced to abide to the canons of the law. When a soldier transgresses the general law of our country he commits a military offence.

PART VII: PUNISHMENT AND EXECUTION OF SENTENCE

70 Punishment of Officers

 (1) Subject to this Act, the punishments which may be imposed on an officer by

sentence of a court martial are —

(a) death;

(b) imprisonment, with or without labour and with or without solitary

confinement and spare diet;

(c) cashiering or the cancellation of his commission;

(d) forfeiture in the prescribed manner of seniority of rank in the Defence.

 Treason, mutiny, and sedition charges have to be preferred against certain Zimbabwe Defence Force and Police Officers for their part in issuing treasonous statements that incite rebellion, insubordination, and are at variance with the country’s constitution.

A court martial charge-sheet will begin with the following senior officers:

General Vitalis Zvinavashe, ex Commander, ZDF

General Constantine Chiwenga, Commander, ZDF

Air Marshal Perence Shiri, Commander, AFZ

Police Commissioner Augustine Chihuri, Commissioner, ZRP

Major-General Paradzayi Zimhondi, Commissioner, ZPS

Major-General Happytone Bonyongwe, Director General, CIO

Collectively and individually these officers have issued the following lethal statements: “We are prepared to use of the barrel of the gun should the worse come to the worst.”  “We will not salute a President who didn’t participate in the liberation war.” “The military will not support an opposition government after the elections because they are ‘sellouts’ and ‘agents of the west’.” “Western-backed opposition puppets would not be allowed to rule the country.” “We command all army personnel to support Robert Mugabe and not allow the enemy, (reference to opposition leader Morgan Tsvangirai) to take over.”

The above group of officers, the high command of tyranny, consists of some of post-colonial Africa’s most ruthless and brutal closet warlords. Their military careers were built on the vapour of the valor of true freedom fighters that perished while pursuing our political, socio-economic ideals, and aspirations.

Subject to the Defence Act:

8. (1) any member who —

(a) takes part in a mutiny —

(i) involving the use of violence or the threat of the use of violence; or

(b) incites any member to take part in such a mutiny, whether actual or

intended; shall be guilty of an offence and liable to suffer death.

PART VII: PUNISHMENT AND EXECUTION OF SENTENCE

75 Execution of death sentence

(1) Subject to subsection (2), where a sentence of death passed by a court martial is to be executed in Zimbabwe, that sentence shall be executed in the same manner as a sentence of death passed by the High Court.

(2) A sentence of death passed by a court martial—

(a) which is to be executed outside Zimbabwe;

 or

(b) if the President so directs, which is to be executed inside Zimbabwe;

                 shall be executed in private by a firing squad.

Zimbabwe only has one opportunity for a peaceful transition from a dictatorship to a participatory functioning democracy. The world community has a stark choice, assist us now and rout a few individuals, or wait until these enablers of tyranny unleash terror after elections. Democracy can only prevail when men who constantly wield machetes to the throats of the electorate are permanently eliminated. Let Zimbabwe be the example for the rest Africa.

I beg all Zimbabweans and my colleagues in the armed forces, army officers and men, who believe in the principles of the rule of law, freedom, and justice, to be prepared to become the first boots on the ground as we defend of our fragile democracy. The ballot paper will deliver the first salvo across the bow of tyranny.

Power only changes hands when both the popular vote and the armed forces speak with one voice.  The people  hereby request the Commanders of all Army, Airforce and Para-military units including One Commando Regiment, (Cranborne Barracks), One Parachute Regiment, (Inkomo Barracks),and the Special Air Service, (Kabrit Barracks),  to ensure that all officers and enlisted men remain in their cantonment areas on the day of voting, as a signal of their acceptance of the election results.

It is imperative that the African Union, European Union, and the United Nations assemble a standby rapid-reaction force with a mandate to intercede and enforce the will of the Zimbabwean people.
 

Asesabi Lutho – Chatinotya Hapana – We Fear Nothing

Sale of Military Helicopter Gunships to Zimbabwe Foiled

U.S. authorities  arrested a Florida man on April 16, 2008, 70-year-old Peter Spitz, for attempting to sell ten Russian-made military helicopters abroad without he appropriate State Department licensing. The U.S. Customs and Border Protection issued a statement saying that Spitzer engaged in electronic correspondence with an undercover agent on the sale of Russian helicopters.

The undercover agent posed as a Zimbabwean official. Spitzer asked $750,000 per helicopter. He claimed to have 30 Russian-made helicopters and fighter jet available. Spitzer will face a federal court in Fort Lauderdale, Florida. Spitz, owner of Russian Aircraft Services LLC, was first contacted in March about a potential helicopter purchase by the informant for Immigration and Customs Enforcement.

According to a criminal affidavit, the informant told Spitz he was interested in buying seven MI-24 Russian attack helicopters and three MI-8T Russian military transport helicopters.

Spitz said the price for each would be $750,000, the ICE affidavit said.The broker and the informant negotiated the deal this spring, discussing issues such as the potential buyer, required documents and aircraft training.

On March 25,2008, the ICE informant told Spitz that he was arranging the sale to a ''commercial entity set up by a cabinet member of the [Zimbabwe] government,'' the affidavit said.Spitz reportedly asked for $1 million in five installments to secure the deal.

He allegedly instructed the informant to make two initial ''test'' deposits of $11,000 each for Russian Aircraft Services LLC in separate accounts at Colonial and Wachovia banks. Those April 3 transactions established Spitz's intent to sell the helicopters to the informant, in violation of federal law.

ICE special agent Joseph Skidmore said Spitz ''engaged in illegal brokering activities'' because he had not obtained a defense export license from the U.S. government. He also noted that in April 2002, the government suspended all export licenses for military hardware to Zimbabwe.

The people of Zimbabwe are grateful to the government of the United States, its vigilant federal agents, and to its citizens for ensuring that  dictators and tyrants are denied weapons of war which they use against peaceful, unarmed civilians.

Appeal to Fellow Zimbabweans and World Citizens,

Re: Stop Weapons of War shipment to Zimbabwe

“Evil prevails when good men do nothing.” 

Our country’s future is being threatened by a handful of individuals who have subverted justice and ignored the will of the majority.

Instead of importing grain for the starving masses the military junta has chosen instead to import form the People’s Republic of China, weapons of war. Zimbabwe is not at war nor has she been threatened by any state actors or its neighbours.

It is grossly irresponsible and highly immoral for China to ship weapons of war to Zimbabwe at a time when an unstable political atmosphere exists in Zimbabwe. The Presidential election results have yet to be announced and gross human rights violations perpetrated by members of ZANU (PF), its militia, and rogue elements of the armed forces, are now prevalent.

If we sit and do nothing or hope for someone else to do something, Zimbabwe shall disintegrate into chaos and anarchy shall prevail.  Persons that have plundered our economy, pillaged our national coffers, and molested our national pride, now hold the country at ransom and will do what ever it takes to hold onto power.

Please take a few minutes of your time, append your name or signature to the attached letters below, then fax or email to the respective embassy. Do your part no matter how minuscule it may appear, let your voice be heard.

We want one man one ballot and not one man one bullet.

Phil Matibe

The President of the Republic of Angola
H.E. President José Eduardo Dos Santos
C/O Embassy of Angola
2100-2108 16th Street, NW
Washington, DC 20009

FAX: 202.822.9049
e-mail: angola@angola.org

19 April, 2008 

Re: Stop Weapons of War Shipment to Zimbabwe

Dear, Mr. President,

A Chinese registered vessel the An Yue Jiang is reportedly sailing for the Port of Luanda, Angola, with a lethal cargo of weapons of war ultimately destined for Zimbabwe.

We humbly request that the Government of Angola refuse permission for this ship to dock and unload its cargo which will be used by the military junta in Zimbabwe as it perpetrates acts of repression and violations of international humanitarian law.

Your Excellency, as the Chairperson of the SADC, Organ on Politics, Defense and Security Cooperation, you should not permit Angola to trans-shipment this cargo. Your government shall become a willing accomplice in the commission of genocide if these arms reach Zimbabwe.

Governments that export arms and those that receive them have a fundamental moral and legal responsibility to ensure that these arms of war are not misused for human rights violations or breaches of international law.

“The notion that one state can bear legal responsibility for helping another state breach international law has been recognized by a leading international body that promotes and codifies developments in international law. The International Law Commission, in its Articles on Responsibility of States for Internationally Wrongful Acts, adopted in 2001, concluded that:

·          A State which aids or assists another State in the commission of an internationally wrongful act by the latter is internationally responsible for doing so if:

(a) That State does so with knowledge of the circumstances of the internationally wrongful act;

(b) The act would be internationally wrongful if committed by that State.

In its commentary to the articles, the ILC applied this legal concept to the question of arms transfers:

·        A State may incur responsibility if it assists another State to circumvent U.N. sanctions —or provides material aid to a State that uses the aid to commit human rights violations. In this respect, the United Nations General Assembly has called on Member States in a number of cases to refrain from supplying arms and other military assistance to countries found to be committing serious human rights violations. Where the allegation is that the assistance of a State has facilitated human rights abuses by another State, the particular circumstances of each case must be carefully examined to determine whether the aiding State was aware of and intended to facilitate the commission of the internationally wrongful conduct.”

We pray that the Government of Angola will act in accordance to prevailing international humanitarian law.

 
Yours sincerely

 

Zimbabwean Citizen

The President of the Peoples Republic of China

H.E. President Hu Jintao

C/O Permanent Mission of the People’s Republic of China to the United Nations

350 East 35th Street, New York, NY 10016

Fax: 212-634-7626
E-mail: chinamission_un@fmprc.gov.cn

19 April, 2008

Re: Stop Weapons of War Shipment to Zimbabwe 

Dear Mr. President,

A Chinese registered vessel the An Yue Jiang is reportedly sailing for the Port of Luanda, Angola, with a lethal cargo of weapons of war ultimately destined for Zimbabwe.

We humbly request that the Government of the People’s Republic of China immediately recall this vessel and its cargo.  Arms of war have no place in any democratic process and will be used by the military junta in Zimbabwe as it perpetrates acts of repression and violations of international humanitarian law.

Your Excellency, should the People’s Republic of China permit the trans-shipment of this cargo, it shall become a willing accomplice in the commission of genocide. The people of Zimbabwe and our friends in Africa will call for the boycott of the Beijing Olympics, Chinese businesses, goods and services, amongst other civil and legal actions available to us as a sign of protest.

Governments that export arms and those that receive them have a fundamental moral and legal responsibility to ensure that these arms of war are not misused for human rights violations or breaches of international law.

“The notion that one state can bear legal responsibility for helping another state breach international law has been recognized by a leading international body that promotes and codifies developments in international law. The International Law Commission, in its Articles on Responsibility of States for Internationally Wrongful Acts, adopted in 2001, concluded that:

·          A State which aids or assists another State in the commission of an internationally wrongful act by the latter is internationally responsible for doing so if:

(a) That State does so with knowledge of the circumstances of the internationally wrongful act;

(b) The act would be internationally wrongful if committed by that State.

In its commentary to the articles, the ILC applied this legal concept to the question of arms transfers:

·          A State may incur responsibility if it assists another State to circumvent U.N. sanctions —or provides material aid to a State that uses the aid to commit human rights violations. In this respect, the United Nations General Assembly has called on Member States in a number of cases to refrain from supplying arms and other military assistance to countries found to be committing serious human rights violations. Where the allegation is that the assistance of a State has facilitated human rights abuses by another State, the particular circumstances of each case must be carefully examined to determine whether the aiding State was aware of and intended to facilitate the commission of the internationally wrongful conduct.”

We pray that that the Government of the People’s Republic of China will act in accordance to prevailing international humanitarian law and be on the right side of history.

Yours sincerely,

 

Zimbabwean Citizen

Independence celebrations and the realities of our dispersal

Zimbabwe this year celebrates her 28th year of independence. It seems like yesterday that we rejoiced to our collective freedom from colonialism.  Our euphoria was fueled by speedy guitar strumming and catchy tunes penned out by the Marxist Brother, Devera Ngwena Jazz Band, Harare Mambos, Jobs Combination, Four Brothers, Sungura Boys, Black Spirits, Blacks Unlimited, Green Arrows, Kassongo, amongst others.

During the Rhodesian days, musicians sang about the injustices of the Smith regime and gave us hope in times of war.  How times never change.

Intoxicated by our independence we merrily intoned to songs having collectively liberated ourselves from oppression under the valor and leadership of our dead heroes. The social ritual then was to religiously tune to black and white Supersonic television sets on Thursday evenings and watch "Mvengemvenge"- the local equivalent of MTV music programme.

Every man, cat and his dog, had a musical tune that resonated with the festive ecstasy that had gripped our beautiful country in the 80's. Our most popular artists, who still dressed in the Jimmy Hendrix 70's fashion, afros and all, churned out music whose lyrics were rich with political metaphors and overtones. The music's therapeutic cords, consoling tunes, and prophetic lyrics, seemed to sooth the post traumatic stress and psychological trauma of the just ended bush war.

A unique ensemble emerged and made a profound impact on the Zimbabwean music scene. Indeed it gave birth to the modern day genre "museve". The Sungura Boys was made up of Simon Chimbetu, Naison Chimbetu, John Chibadura, Fanuel "System" Tazvida, Michael Jambo, Moses Marasha, Ephraim Joe, and Never Moyo. Sungura Boys became the incubator for the nucleus of storytellers, poets, and social scientists, who through music tried to educate us about the perils of tyranny and the virtues of upholding our cultural values.

Zimbabwe's social scientist and lyricist was Dr Love.  Chiremba we rudo, Paul Matavire, captured the essence of the romanticism of our vernacular and reengineered chat up lines for many a rural folk. For comedy we had our very own Safirio Madzikatire a.k.a Mukadota. Skinny Oliver Mtukudzi with his trademark cough produced tear jerking songs that became lullabies for the so called "born free".

Dendera Kings or Marxist Brothers, Barura Express, Ochestra Mberikwazvo and others, are to us what 50 Cent, Kanye West, and Jay Zee, are to the current digital generation.  Our talented musicians have an unwritten code which is derived from African family and cultural values. Never did they degrade women or use obscene language as an art form.  It is indeed a sad day for us to witness the diminishing ranks of true native musicians and the surge in local wannabe African hip-hop artists who are brutalizing our rich musical tradition with despicable lyrics describing genetilia and other cultural taboos.

Today some of us reside in foreign lands, exiled from our country of birth by a freedom fighter that turned into a despotic tyrant. He has single-handedly ruined our economy, heritage and injured our national pride. Our collective sins are the audacity to challenge the political status quo and our desire for justice.  We only have our music now, our only discernible umbilical attachment and reminder to the once beautiful Zimbabwe, to help us de-stress in exile.

"Pamusoroyi Comrade," - excuse me comrade - an early eighties hit song by the Four Brothers whose lyrics, "kurova povo kukanganisa mukoma," - state sponsored violence is immoral my brother, was a message to the boisterous government officials who ironically refer to themselves as comrades. They indulged in acts of brutality against the populace (povo) in the townships and communal areas of Zimbabwe and persist to this day.

Our creative musicians always warned of the looming hardships and social mayhem by embedding caution in their abstract lyrics as they traversed the country in battered Peugeot 404(Peejot) station wagons. Playing in dingy beer halls they mingled with the common people. At rural growth points their messages fell to deaf ears for at that time Chibuku (masese), Cola Cane, and Castle (kastol) lager, were in plentiful supply.

 It wasn't cool for the urbanite Zimbabweans who were preoccupied with hip-hop, funk, and disco music, to listen to local music thus the musicians' words of caution went unheeded. The late Leonard Dembo's hit single from the eighties, "Tinokumbira kurarama," captures   today's national desire for divine intervention to our woes:

"Vachauya here baba, rinhi ko, muchauya here baba, kuzoti nunura.

Muchauya here baba mukati mehondo.

Varipo here baba, varipiko, vachauya here baba kuzotinunura."

Nothing has changed much, the majority of these urbanites have now emigrated to the four corners of the world, and are tucked away comfortably in the bosom of western democracies. They shun their African cultural heritage and have become new wannabe hip-hop celebrities who embrace everything hip-hop has to offer from profane language, fashion, to immoral behavior. Independence celebrations for some Diaspora communities are now about showing off their new found wealth. Rented designer suits, 28 inch spinning rims on their Hummers, strippers shaking their posteriors, and popping four hundred dollar bottles of champagne. This blatant display of obscene opulence is from economic and political refugees whose villages do not have running water, a country hemorrhaging from misrule, mismanagement, and turmoil.   

Only a handful of Zimbabweans during those prosperous years were interested in the ciphered messages in the lyrics. Most were captivated by original local dance routines. It was a marvel to watch the dexterity with which the povo, usually an off duty farm and mine worker, maneuvered to the beat. They balanced the opaque beer mug "zangata or chingoto" – a two litre white plastic Chibuku container, in one hand and proceed to dance without spilling a milliliter of the precious liquid. The well choreographed "footwork," colloquial (tsava tsava), was breathtaking. With moves like "Olivetti" – typewriter, bhasikoro and reverse jive, what would disrupt our prosperity, peace, and freedom? Alas, the celebrations were short-lived.

On the 6th of April.2008,I set up "Camp Restore Democracy"outside President George Bush's Crawford Texas Ranch. It was a one man tent  draped with the Zimbabwe flag with banners appealing to President Bush to assist us in our time of need.I presented a petition to President Bush, asking for  the US  to support a UN Security Council Resolution  for Intervention in Zimbabwe. This was a visible and effective 48hr one man demonstration.