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Of the dull Masvingo PROPOL and cops

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Of the dull Masvingo PROPOL and cops

My fellow Zimbabweans Covid19 is real and
I urge everyone to stay safe and avoid unnecessary movements. Mapombi thought
we could contain this disease together considering the timely lockdown and
other measures put in place by our government.
But for Masvingo I think all government
efforts are being sabotage by our police. I don’t blame the junior officers in
Masvingo who are abusing and harassing all other stakeholders who are giving
critical essential services as stated in the Statutory Instrument (SI83), but
the problem is the man at the helm – murume anonzi Ass Comm Taonei Nyazema the
Officer Commanding Masvingo Province.
Mapombi thinks the man is dull; I once
heard him bragging that ndakapinda basa nekumhanya saka chikoro chishoma. And
for sure the many is not so intelligent zvekuti kana maCertificates echikoro
ainawo ndezvekunyorerwa sana Kedha.  We
know these self-proclaimed war vets think they are the most important people on
earth manje isu vana Mapombi hatikendenge.
Mapombi is baffled with the way
journalists are being treated by these cops vekupinda basa nekumhanya ava.
Nyazema thinks he is the only person who can fight Covid19 single handedly with
his bunch of uneducated cops. Kkkkkkk baba vangu iwe kungongwarira chihure
tidzikamirei. Munhu wepi asingade kuona madhirezi kuda kunyengawo neni Mapombi
haunyare wakaita Seiko nhai Nyazema? Mapombi will not allow the whole province
to be frustrated in the fight against Covid19 simply because of one uneducated
Cop who thinks ndivo chete vakangwara. 
The media play an important role of
informing and educating our people about this pandemic. Many people are relying
on false information they get on social media and the mainstream media is there
to correct by giving credible information but ndopaunoona mapurisa achingosunga
vatori venhau.
Suprisingly even the police officers are
ignorant; they are moving in trucks in large numbers and they are manning
roadblocks with no protective clothing at all risking all the junior officers
and their families. Instead of addressing all these challenges and make sure
the cops have enough protective clothing, Nyazema is busy giving instructions
kuti sungai maVendors emaNewspaper and journalists in the province. Munotoda muteuro
baba imi nekuti dzenyu handione senge dzakati kwesere ini.
They can abuse journalists but inini
Mapombi hamundikwanise; you closed Chitima market but nanhasi ndakangosarapo
ende ndiri kuaiteyi mabanana akaora akasiwa nevarimi. I heard you have harassed
all the journalists from TellZim, The Mirror, to freelancer but I am sure the
guys are not even deterred and not even afraid to do their work.
We want a responsible police that
understands that there are other stakeholders who are key in fighting this pandemic.
We cannot have police leadership that instruct junior cops to harass all
journalists from private media. That’s bad Nyazema and that must stop
forthwith. Kana muchida kundisunga huyai kuChitima tipedzerane ndiri kutokanga
maputi angu for lunch.
Anyway, its lunch time guys let me go
ndindokanga zvangu maputi angu for lunch but before I go let me emphasis that
Nyazema sungira imbwa dzako. Mapombi knows kuti dzako dzinenge dzakatotambawo
nevana but please be warned. Let the media and others giving essential services
not harassed with your cops.
 Mboko imboko!

Day 11: #Lockdown Picture Gallery

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Day 11: #Lockdown Picture Gallery
Though Mandava Bus Terminus was largely quiet, money changers were busy at work at some of their usual business points in Zvishavane, mixing and mingling freely with shoppers. Some police officers, however, could be seen randomly stopping and questioning people. In Mutare, many vendors sold the wares and fresh produce behind Sakubva Bus Terminus. In Chiredzi, people peeped on the sidelines, and through their windows, to marvel at a cavalcade of top-of-the range cars that brought the Masvingo Provincial Covid-19 Taskforce which was on a tour of the town. There was traffic congestion across Mucheke River bridge as many people sought their way into town past a police roadblock. At many business centres in town, the requirement for people to wash their hands at the door seemed to have been relaxed. Gutu Rural District Council (RDC) which has been both praised and maligned for its tough lockdown enforcement, today allowed only 10 vendors to do business for a limited number of hours.
Zvishavane

Mandava Bus Terminus, Zvishavane

Zvishavane

Inside a shop in Masvingo Urban

Mpandawna, Gutu

Mpandawan, Gutu

Mutare

Chiredzi District Hospital

Minister Chadzamira tours the Chiredzi District Hospital isolation facility

A gathering for mealie-meal in Mutare

Sakubva Bus Terminus, Mutare

Mutare

Mutare

Mutare

Sisk business centre, Masvingo Urban

Zvishavane

Covid 19: Mwenezi RDC mobilises resources for medical centres

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Covid 19: Mwenezi RDC mobilises resources for medical centres
Neshuro District Hospital

Cephas Shava

MWENEZI – As
part of efforts to prepare for a possible outbreak of coronavirus, the Mwenezi
Rural District Council (RDC) has mobilised a substantial amount of resources to
help improve capacity in local health delivery systems.
The
local authority has since donated hand sanitizers, plastic drums, bleach,
banners, posters and hand-washing buckets to Neshuro District Hospital. The
items are all valued at $305 050.
Mwenezi
RDC Chief Executive Officer (CEO) Albert Chivanga told TellZim that council was
still working to mobilise more resources.
“We
are working hard to get more resources that will be channelled towards our
state of preparedness. We leave all the resources in the hands of hospital authorities
who are more qualified than us to determine the specific needs of each area,” said
Chivanga.
Speaking
after a tour of the district by the Masvingo Provincial Covid-19 Taskforce on
April 07, District Medical Officer (DMO) Dr Itai Matibiri acknowledged council’s
office and highlighted other areas that needed attention.
“I
would like to thank the Mwenezi RDC for their contribution. We are already
using some of the items at the hospital while others have been distributed to
clinics around the district.
“There
is a lot that still needs to be done here. The laundry section of the hospital
rarely receives water. There is dire need for refurbishing the isolation facility
and we also need personal protective clothing for medical staff,” said Dr
Matibiri.
Neshuro
District Hospital faces many problems including erratic water supply, rundown
facilities and an acute shortage of oxygen concentrators needed in the
isolation facility.

Arrests and harassment of journalists by Masvingo police worrisome

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Arrests and harassment of journalists by Masvingo police worrisome
Officer Commanding Zimbabwe Republic Police (ZRP) Masvingo province(Propol), Ass Com Taoneyi Nyazema


TellZim Reporter

Cases
of journalists arrested and harassed while on duty during this lockdown are on
the increase in the country with Masvingo province leading with three cases so
far.
Police
in Masvingo have so far arrested two journalists, Matthew Takaona of The Mirror
and TellZim News’ Beatific Gumbwanda in separate incidents. They have since
been released with no charges leveled against them. They also arrested four
newspaper vendors and held them for several hours before releasing them without
charge.
Takaona
was detained by police officers manning a roadblock near Mucheke River bridge
on his way to The Mirror offices in town, while Gumbwanda was arrested in
Chiredzi on the instigation of an overzealous CIO officer.
Media
Institute of Southern Africa (Misa) Masvingo chairperson Passmore Kuzipa has
condemned the continued arrest and harassment of journalists on duty.
“The
arrest and harassment of journalists in Masvingo province is worrisome.  I understand that both the police and the
journalists are providing essential services during this lockdown, and since we
all fighting to reduce the spread of Covid-19, I don’t see the reason why the
police would want to feel more important than all other stakeholders who are
providing essential services during this lockdown.”
“I
want to urge the police starting from the Officer Commanding Masvingo Province
to the least rank of Constable to respect journalists and allow them to do
their work freely.  Journalism is not a
crime. I also want to urge my fellow colleagues to also respect the police
officers on duty and produce their press cards for easy identification,” said
Kuzipa.
Kuzipa
said he hope the situation or the relationship between the police and
journalists in the province will improve after the engagements he had with the
police this week.
“I
have managed to engage the officer commanding Masvingo district, the Officer
In-Charge (Crime) and Masvingo Provincial Police Spokesperson over these
unnecessary arrests and detention. I am sure that journalists in the province
will be allowed to do their work without hindrances; in fact I hope to see the
police arresting those who want to disturb journalists from doing their work,”
said Kuzipa.

Legal Perspectives: Controversial Supreme Court Judgement

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Legal Perspectives: Controversial Supreme Court Judgement

Fidelicy Nyamukondiwa

Can a Supreme Court judgement be appealed?

Until
it delivers a judgement that concerns you, you may never know that the Supreme Court
can throw people under the bus. It does not however leave everyone with
goosebumps. While some will be under the bus, others will be rejoicing.  This editorial explores one of the controversial
Supreme Court judgements handed down this year. It also clarifies the position
of the law with regards to whether or not a litigant can appeal against a
Supreme Court decision.
On
20 January 2020, the Supreme Court delivered a bombshell interpretation of Statutory
Instrument 33 of 2019 in the case of Zambezi
Gas Zimbabwe v N.R Barber and Anor (Zambezi Gas). This is the Supreme Court
judgment that concluded that United States dollar debts are now payable in
Zimbabwean dollars at a one to one rate.
Background
information
On
20 February 2019, the RBZ Governor announced that local electronic balances,
bond notes and coins would become ‘RTGS dollars’ as part of the country’s multi-currency
system. He added that dollar balances in FCA Nostro accounts and mobile payment
platforms, bond notes and coins would no longer be regarded as in equal value to
US dollars. On 22 February 2019, Statutory Instruments 32 and 33 of 2019 were
passed to give effect to the Monetary Policy measures.
Section
4(1) (d) of SI 33 of 2019 provides that; “… all
assets and liabilities that were immediately before the effective date valued
and expressed in United States dollars…shall on and after the effective date be
deemed to be valued in RTGS dollars, at a rate of one-to-one to the United
States dollar…” The
effective date referred to in the section is 22 February 2019.
 On 24 June 2019, Statutory Instrument 142 of
2019 was promulgated. This is the SI that brought an end to the multi-currency
system in Zimbabwe. It declared the RTGS dollar as the sole legal tender for
all transactions in the country. The RTGS dollar is the Zimbabwean dollar
(ZWL). On 1 August 2019, the Finance (No.2)
Act, 2019 was promulgated. Its section 23(1) is a restatement of SI 142 of
2019.
The Zambezi Gas case.
On 25 June 2018, Zambezi Gas
Zimbabwe Pvt Ltd (hereinafter ZGZ) was ordered by the High Court to pay USD$3 885 000(plus interests and costs of
suit) to N.R Barber Pvt Ltd (hereinafter Barber). The payment was for
services which Barber had rendered to ZGZ.
Aggrieved by the High Court’s decision, ZGZ
appealed to the Supreme Court. The latter dismissed the appeal on 13 May 2019.  Eight days later, ZGZ deposited ZWL 3 885 000-00 (plus interest and costs of suit) into Barber’s bank account. In total, it paid
ZWL
4 136 806-54(including
interests and costs of suit). Barber
then queried that according to the Interbank rate, the deposited ZWL 4 136 806-54 was equivalent to only US$ 144 788-23 and hence US$3 992 018-31 was still owing. ZGZ‘s
response was that in accordance with section 4(1) (d) of SI 33 of 2019, the ZWL 4 136 806-54 was the full and final settlement of the judgment
debt.
Barber then engaged the services of the Sheriff to attach ZGZ’s property
and sale it in a public auction to recover the ‘outstanding’ US$ 3 992 081- 31. ZGZ swiftly reacted by approaching
the High Court with an urgent chamber application for an order to suspend the
sale in execution and to declare the ZWL 4 136 806-54 as the full and final settlement of the debt in
accordance with SI 33 of 2019. The High Court dismissed the application and
ordered that the $ 4 136 806-54 be
paid in US dollars and not Zimbabwean dollars.
This prompted ZGZ to
take the matter back to the Supreme Court on appeal. It was then that the
Supreme Court  was called upon to interpret
section 4(1) (d) of SI 33 of 2019 and
determine whether ZGZ was supposed to pay US$ 4 136 806-54 or ZWL 4 136 806-54. The Supreme Court allowed the appeal. It ruled in
favour of ZGZ and declared that in terms of SI 33 0f 2019, the deposited ZWL 4 136 806-54 was enough to settle the
debt.
Analysis and implications of the case.
One
man’s meat is another man’s poison. The Zambezi gas case is meat for debtors
and poison for creditors. The Zambezi Gas
case did not change the law regarding the settling of USD debts in Zimbabwe. As
hinted earlier on, what the Supreme Court did on 20 January 2020 was to give
meaning to section 4(1) (d) of SI 33 of 2019.
 Of much relevance is its interpretation of the
phrase ‘immediately before’. The Supreme Court elaborated that ‘immediately
before’ does not mean ‘immediately before’ in the essence of time. At page 11
of the cyclostyled judgement, the Honourable Mr Chief Justice Luke Malaba explained
that “The issue of the time-frame within which the liability arose in relation
to the effective date of 22 February 2019 does not matter. What is of
importance is the fact that the liability should have been valued before the
effective date in United States dollars and was still so valued and expressed”.
The meaning of section 4(1) (d) of SI 33 of 2019 as interpreted by
the Supreme Court is that as long as a debt or an asset (valued and expressed
in USD) existed before 22 February 2019, such debt or asset would be regarded
or considered to be valued as Zimbabwean dollars at a rate of 1 RTGS dollar to 1 US Dollar.
If therefore you had sold your house to John Doe for US$50 000 on 21 February 2019 (or any
date before that) and he had only
paid US$10 000 as at 22 February
2019, the amount that John Doe is entitled to pay to settle the debt in full would
be ZWL $40 000. Simply put, the
house is considered to be valued at ZWL
50 000 with effect from 22 February 2019.
Many would reason that a conversion of the US currency to Zimbabwean
currency at a one to one rate amounts to a lesser value in Zimbabwean dollars. The
fulcrum of Barber’s argument in the case was that a declaration to offset the
debt in Zimbabwean dollars at a one to one rate would result in a US$ 3.9million
loss. The Chief Justice however remarked that such a reasoning ‘is wrong at
law’. It is no doubt that the Supreme Court’s decision is ‘poison’ to Barber
and any other creditors who are owed substantial sums of money. Section 4(1) (d)
of SI 33 of 2019 is no doubt the worst nightmare for creditors in Zimbabwe.  For ZGZ and similar debtors, SI 33 of 2019 is
good news.
Is the Supreme Court’s decision final?
The Supreme Court is the final court of appeal in cases other than
those which the Con-court has jurisdiction. The Con-court has jurisdiction over
constitutional and other specified matters. It is therefore permissible to appeal the
decision of the Supreme Court. A litigant can appeal against a Supreme Court
decision if and only if the appeal is on a constitutional issue.
An Application for direct access to the Con-court is sanctioned by
section 167(5) of the Constitution and Part IV of the Con-Court Rules (SI 61 of
2016). Part V of the Rules provides for appeals to the Concourt. Rule 32(2) states
that a litigant who is aggrieved by the decision of any lower court (including
the Supreme Court) and who wishes to appeal on a constitutional matter must seek
leave to appeal. Leave to appeal simply means permission to appeal. The leave
to appeal must be filed to the Registrar of the Con-court within 15 days of the
decision to be appealed.
Conclusion
It is a fact that United States dollar debts incurred prior to 22
February 2019 are now payable in Zimbabwean (RTGS) dollars at a rate of 1 US$ to 1 ZWL.  In Zambezi Gas, the Supreme Court concluded that it is ‘wrong at
law’ to reason that a conversion of a foreign currency denomination to a
local currency denomination amounts to a lesser value
in the local currency.
 That section
4(1) (d) of SI 33 of 2019 is a welcome development for debtors and a nightmare for
creditors is indubitable. As long as the Supreme Court decision in Zambezi Gas is not successfully
appealed or as long as the constitutionality of SI 33 of 2019 is not
successfully challenged, US dollar debts will remain payable in Zimbabwean
dollars at a one to one rate.
Fiat
Justitia Ruat Caelum!
Fidelicy
Nyamukondiwa writes here his personal capacity. Contactable on 0785827154 nhanyams@yahoo.com  https://twitter.com/FidelNyams

Masvingo provincial Covid-19 Taskforce visits Chiredzi

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Masvingo provincial Covid-19 Taskforce visits Chiredzi
Chadzamira tours the Chiredzi District Hospital isolation centre



TellZim Reporter

…proximity to Mozambique, SA a
vulnerability

The Masvingo Provincial Covid-19
Taskforce, which is chaired by Provincial Affairs minister Ezra Chadzamira, is
today on a tour of Chiredzi to assess compliance with the national lockdown restrictions
and to gauge the district’s readiness to deal with a possible outbreak.
In his address, Chadzamira said he
was impressed by the work being done in Chiredzi, adding that the district was
endowed with remarkable implementers.
“We are pleased with the level of
coordination and hard work in the district. There is a lot that has been done
but there is still much more to do,” said Chadzamira.
He said Chiredzi was particularly
vulnerable as it borders South Africa, which has the highest number of
confirmed cases in the whole of Africa.
“There is need for further
awareness campaigns and stricter enforcement as there are illegal border
crossings in the district where no screening taking place,” Chadzamira said.
Chiredzi District Medical Officer
(DMO) Brian Dhladhlara said the district had two isolation facilities with a
capacity to handle 45 people.
“We have prepared two isolation
facilities in the district; one at Chikombedzi and the other one here at
Chiredzi District Hospital as part of measures to deal with any potential
outbreak,” said Dhladhlara.
He thanked health-based
Non-Governmental Organisation (NGO) SolidarMed for building the Chikombedzi
isolation centre which can take 30 patients at a time. The Chiredzi District
Hospital isolation centre, on the other hand, can take 15 patients.
“We continue to face major
challenges as we do not have adequate personal protective equipment and
training on clinical management,” said Dhladhlara.
He lamented limited access to
testing facilities, with all samples being sent to Harare.

Day 10: #Lockdown Picture Gallery

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Day 10: #Lockdown Picture Gallery
Our citizen journalists in Bikita saw a Bikita RDC vehicle using a loud-speaker while conducting a Covid-19 awareness campaign at Baradzanwa business centre. Aside from shoppers in the morning, Jerera was quiet, and so was Chivi growth point. The was some short, orderly queues at fuel stations in Zvishavane, and some roadside vendors were seen in Gweru. Residents of Mutare seemed to be in their most defiant mode today, some of them openly enjoying their beer at Beta shopping centre in Dangamvura. Big grocery outlets in Masvingo were teeming with shoppers, with little evidence that people were observing basic social distancing rules. At Nyika growth point in Bikita, some shops opened around 11:00 hrs and closed at 13:00 hrs due to confusion as to the stipulated opening and closing time.
OK supermarket, Masvingo

Rujeko B shopping Centre, Masvingo

Rutenga, Mwenezi

Mutare

Mutare

Mutare

Mutare

Suspected Covid-19 death at Chiredzi Hospital

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Suspected Covid-19 death at Chiredzi Hospital


…Chiredzi police detain journalist

TellZim Reporter
There is a suspected Covid-19 death at Chiredzi District
Hospital and police have detained a TellZim journalist who was coming from the
hospital to verify the case.
Beatific Gumbwanda was picked up by police in town today
reportedly at the instigation of a Central Intelligence Organisation (CIO)
officer soon after visiting the hospital.
Nurses at the hospital are said to be refusing to handle the
deceased’s body as they do not have personal protective equipment.
The deceased, a female, was reportedly admitted at the
hospital after being referred there by one Dr Dube who runs a surgery in town.
When contacted for comment, Chiredzi District Medical Officer
(DMO) Brian Dhladhlara told TellZim that there was a patient who got admitted
at the hospital yesterday with respiratory challenges, adding that there was panic
at the hospital.
He said specimens will be sent to Harare for tests.
Meanwhile, Media Institute of Southern Africa (Misa)
Masvingo provincial advocacy chairperson, Passmore Kuzipa has organised a
lawyer to assist Gumbwanda who is currently detained at Chiredzi Police
Station.

Day 9: #Lockdown Picture Gallery

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Day 9: #Lockdown Picture Gallery

On he 9th day of the lockdown, our citizen journalists in Mutare witnessed shoppers scurrying for cover when an truck with soldiers and police officers in anti-riot gear arrived at Dangamvura TM supermarket to break a disorderly mealie-meal queue. Rutenga growth point in Mwenzi district was quiet but there was also a seemingly problematic mealie-meal queue at one shop. Neshuro growth point was dead quiet, with basic commodities shops being closed long before the stipulated 13:00 hrs closing time. Some residents said business people do not bother to open anymore as there was too much confusion about he authorised trading hours.  Similarly, Chivi growth point was dead quiet. In Chiredzi, a vegetable market popularly known as the Banana Market, is now operating five hours a day from 07:00 – 09: 00 hrs and 15:00 – 17:00 hrs. Many shebeens have sprouted, getting their stock from such big shops as TM Pick n Pay, OK, N.Richards, Metro Peach and Browne Wholesalers.

All five pharmacies in Chiredzi were open today.
Villagers of Chiredzi South are still travelling, mainly using a commuter omnibus which is now operating during the night. In Zaka, traditional brews are still being made in some villages.
Chiredzi
Chiredzi
A traditional brew in Zaka
N. Richards supermarker, Mpandawana
Dangamvura, Mutare
Mwenezi RDC offices, Neshuro
TM supermarker, Dangamvura, Mutare
Rutenga, Mwenezi
Maringire shopping centre, Chivi
Neshuro growth point, Mwenezi
Neshuro District Hospital
Rutenga
Mpandawana 
Mpandawana

Bikita increases isolation centres to three

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Bikita increases isolation centres to three
The isolation facility at Silveira Mission Hospital can accommodate only three patients at a time


TellZim Reporter
Less than 24 hours after being
criticised for its miserably insufficient Covid-19 isolation holding capacity, Bikita
district has increased the number of facilities from one to three, and the
holding capacity from three to 14.
The Covid-19 Masvingo Provincial
Taskforce was in Bikita yesterday where serious misgivings were raised against
the district’s very small isolation centre which can accommodate a mere three
patients at a time.
Bikita Rural District Council (RDC) CEO
Peter Chibhi today told TellZim that authorities had now identified a new
facility at Mashoko Mission Hospital and yet another one at Bikita Rural
District Hospital both of which could cumulatively take 11 more patients.
“We have realised that we are in
a precarious situation and have therefore, found two more isolation centres. We
are putting everything in place and we hope we will be able to create more
space,” said Chibhi.
The taskforce, which is on a
whirlwind tour of the province to assess compliance with the national lockdown
and preparedness to deal with Covid-19 positive cases, is chaired by the
Minister of State for Masvingo Provincial Affairs Ezra Chadzamira.
In the wake of the visit, TellZim
reported how Bikita district fared worse than everyone else in terms of both compliance
and preparedness, with many people and shops at Nyika growth point and along
the main road doing business the usual way.
District health authorities
converted a mortuary chapel at Silveira Mission Hospital into an isolation centre,
but it lacks such basics as oxygen concentrators, and, worse still, can only
accommodate three patients.
Senator Anna Rungani had also
complained that lax enforcement was encouraging villagers to violate lockdown
regulations at will.
Zimbabwe Republic Police (ZRP) Officer
Commanding Masvingo Province (PROPOL) Ass Com Taoneyi Nyazema promised to beef
up policing staff in the district.

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