*Articles essays & poems on current political and social issues *A platform of informed opinion,debate, dialogue & discussion
Saturday, 4 January 2014
Constitution Needs To Be Popularized
My People Perish Because of Lack Of Knowledge-Know The Constitution
Dumisani Nkomo
In my last installment I wrote about the desirability of building on the gains of the new constitution instead o being stuck in a moment of history and not realizing that the constitution has actually moved the country forward .The constitution provides the basis of good governance and a solid socio political infrastructure for state -citizen relations .However as long as we as people do not know the contents of the constitution as rights holders the constitution will remain a piece of paper which is the property of political elites .Just as the bible eloquently declares “My People perish because lack of knowledge “and indeed people will continue to perish as long as they do not know that the new constitution creates a relatively new governance framework and radically changes the manner in which the state and state institutions behave towards its citizens .
Public Awareness of Constitution
The new constitution states that the state should ensure that there is public awareness of the constitution .The measures which the constitution prescribes include :
1.Translating the constitution into the thirteen official languages of Zimbabwe and simplifying the document .
2.Ensuring that all state agencies including the security forces ,government department and all organs of government are familiarized with the contents of the new constitution .
3.Recognizing the role of civil society in carrying out civic awareness on the constitution .
4.The introduction of constitutional studies in schools and colleges through a civics curriculum .
This in itself is a quantum leap for the nation as it means that all public institutions have a role in promoting public awareness of the constitution and for the first time the unique contribution of civil society organization is recognized and not criminalized in the supreme law of the land .In the past civic education carried out by civic groups was frowned upon by state agencies but now it is a national constitutional duty for civil society ,public institutions including schools to ensure that there is sufficient public knowledge of the constitution .
Impact
Public Awareness of the constitution will drastically change the collective behavior ,attitudes ,responsiveness and indeed the of the architecture of state citizen interface .The constitution is not a document which should only be understood by lawyers and used or abused by political elites but it should it is a document that is made in the image of people of Zimbabwe .The new constitution represents a giant leap forward in terms of issues pertaining to :
1.Gender equality
2.Fair regional representation
3.Increased local participation by citizens
4.Sound public leadership and good governance principles
5 .Media plurality and the imperative of an impartial public broadcaster
6.Recognitioonand promotion of previously marginalized languages and cultures .
7.Protection of excluded and vulnerable groups such as children ,people with disabilities ,youths and pensioners .
8.A marked improvement in civil and political rights
9.Environmental ,social and economic rights
10 . A framework for challenging human rights violations by empowering citizens to approach the courts on their on behalf on behalf of other citizens whose rights have been violated .
11. Depoliticization of security sector ,civil service and traditional leaders by barring all these categories of people from people from being partisan in the discharge o their duties .
12 .Recognition of devolution of power to provincial and local government
13.Ceation of institutions supporting democracy I .e the independent commissions .
14 .An improved electoral system including a mixed first past the post –proportional representation system .This ensured gender parity and even parties that did not win a single seat under the first past the post system such as M.D.C [Ncube] managed to gather a few seats in parliament .
15.Recognition of the role of war veterans .Whether we like it or not we have to acknowledge the role they played in the liberation .
A Healthy Baby
Whilst the constitution may be akin to an unwanted political pregnancy as a result of an abusive ,incestuous or forced relationship between rival inclusive government political parties we all have to embrace the healthy baby that the relationship gave birth to .All the three political parties namely M.D.C ,M.D.C –T and ZANU P. should celebrate the tremendous gains that they gave birth to .Civil society including the National Constitutional Assembly brought the agenda of the new constitution on the doorsteps of parliament and the nation and should be commended for their outstanding contribution .This is a step forward even though the document is not perfect but then it would be naïve to expect a “miracle constitution ‘in such an intoxicated political environment .
Implications
The act that the new constitution recognizes languages such as Sotho ,Nampa ,Kalanga ,Shangaan ,Xhosa ,Khoisan ,Venda ,Tonga Tswana , and Sign language is a huge step for people in Binga ,Plumtree ,Beitbridge ,Hwange ,Kariba ,Masvingo and other areas amongst other areas whose language and culture had been systematically pushed o the margins o social discourse and social engagement .
The new constitution means that the Z.B.C cannot continue to be blatantly partisan but has to respect the rights of other political parties as enshrined in the charter .The new constitution legalizes peaceful demonstrations and this means that the likes of Jenny Williams ‘s WOZA , Mbuso uzwayo’s Ibhetshu Likazulu ,Z.C.T.U and Mthwakazi Joint Resolution have scored a huge victory in pushing the agendas of their constituencies through peaceful mass action .
The new constitution protects detained ,accused and arrested people .This means that the police cannot just throw people into jail without explaining why they have been arrested .The police cannot just detain people without trial .We have seen people been bungled into jail without being given reasons why . The nee constitution gives people the right to approach the courts I and when they feel aggrieved about violation of their rights .
The new constitution bars the civil service ,the security forces and traditional leaders from peddling in party politics or pursuing party agendas as has been the trend in past elections .
The people need to know and own the constitution because it is the supreme law of the land .It can be used to claim our rights and bring the government of the day to account .
Mayibuye
Hold On - Change Is Coming
Hold On Change Is Coming
By Dumisani O. Nkomo
Just two weeks ago I was privileged to listen to a talk by Siphosami Malunga a brilliant son to the late great Sydney Malunga .In his speech he made some interesting observations chief among them the fact that “change does not come in a straight line” .I would like to explore that statement because many in Zimbabwe expect change to simply come through the ballot box without understanding that change may come through various forms ,processes ,mediums ,methods ,institutions and people .The most shocking thing is the fact that the election results were so shocking that many people did not actually realize that some change had come through the new constitution .
Our obsession with the elections and the personalities of Robert Mugabe ,Morgan Tsvangirai and Welshman Ncube blinded us to the fact that we had actually moved forward in terms of democratic gains even though we seem to have moved in circles in as far as the economy is concerned .
Change Is Evolutionary
The constitutional reform process in itself is testimony that change may not happen instantaneously or in the manner that we expect because there many variables and factors which may hinder or help any given process .The process which was supposed to take just a year ended up taking over three years because of the contested political space within the Government of National Unity .Similarly we need to understand that though this is the time of instant products and real time transactions processes things in the socio political realm take time to take shape .
The American Declaration of Independence eloquently declared that “all men are created equal “and yet for centuries slavery of black people persisted and women were denied their rights .Abraham Lincoln signed the Emancipation Proclamation and yet for over a century black Americans were treated like second class citizens who received second class treatment and second class services .It took a process of struggle by activists such as Rosa Parks and Martin Luther King Jr claiming and fighting for their rights as well as men and women of conscience such as Abraham Lincoln pushing for change from within the ruling class to bring change .The reality though is that though we may not like it change may come in installments and not in a wholesale manner as we want it to .
The constitutional democracy in the United Kingdom evolved over centuries resulting in the current system in which the British do not have a written constitution but use precedence ,democratic practice ,culture and values .Their political systems ,institutions and culture evolved over centuries from absolute monarchies to Oliver Cromwell’s overthrow of the crown to the advent of the political party system then dominated by the Whigs and the Tories .It was a political system that developed with time warts and all .Change takes time but change is inevitable and one stands in the way of change at his or her own risk but one thing is certain as one gospel artist said ‘Hold On Change is Coming “ .
Unlikely Sources
Change may not come in the time or from the people we may be expecting to bring change .In the book of Jeremiah we read of the false prophets who declared that Israel’s captivity was over and yet the prophet Jeremiah challenged this and said even though God had plans for Israel they would remain in captivity for seventy years .In the meantime they needed to make the most of the situation .
Similarly Zimbabwe may not experience political or economic change suddenly or immediately but the good Lord knows the plans he has for us and in due season we shall reap the fruits of the change we desire .It will take time ,patience and focus because change is a marathon not a hundred metre sprint .Many are already quitting politics and activism because they do not understand that the “race is not for the swift “but this is a marathon which will tax the minds and hearts of humankind .
Change From Within
Change may not necessarily come from the M.D.C parties or civil society even though change may happen because of them and the relentless pressure that they may exert but change may even come from reformists within ZANU P.F .Not everybody in ZANU P.F is a devil and not everyone in the M.D.C is an angel .They may just be pursuing a just cause but the individuals themselves may just be the same as those in ZANU P.F .My appeal is for those in ZANU P.F who have consciences to be agents of change from within .Frederick de Klerk a man from the racist South African Nationalist party became an agent of change and within months of becoming President released Nelson Mandela ,unbanned the A.N.C and began talks for constitutional reform and independence with men and women who months before had been regarded as terrorists .In the Union Of Soviet Socialist Republics[U.S.S.R] now Russia Mikhail Gorbachev became an agent of change though the policy of Glasnost[Openness] and Perestroika[Reform ] which brought about far reaching changes in Russia .It is possible for change to come from within but it takes men and women of courage .It is heartening to note that the likes of Jonathan Moyo and Jabulani Sibanda appear willing to push for change from within .They seem to be going against the grain and calling for change and accountability .Whether the reasons are selfish or political what matter as long as we achieve the social ,political and economic change we need .
Those who are outside the system should not be fooled into thinking the only way of bringing change is by going into the system because they may be swallowed .They should allow reformists from within to push for that change whilst they push from outside .
Don’t’ Give Up
Oppositions political parties should not give up because Zimbabwe is already in the process of change and change is evolutionary .The failed 1999 Constitution Commission Process ,the 2000,2005 ,2008 elections ,the G.P.A process and the COPAC process are all part of the process of change .It is a painful process that will take time and which will require people who will focus on the bigger picture not personalities and trivia . It may take five years it may take twenty years or even fifty years but change is coming and change agents need to understand that it will take time ,patience, methodical investment ,staying power and focus .Those in ZANU P.F who are for the reformist agenda should understand that they could make history like Gorbachev and de Klerk .
Yes change is coming and change is inevitable .
Mayibuye
Joshua Nkomo Honoured Fourteen Years Later
Joshua Nkomo - 14 Years Later!
Fourteen years after the demise of the founding father Dr Joshua Nkomo the government of Zimbabwe has finally decided to honor the man who was once described by the then Prime Minister of Zimbabwe as the” Father of dissidents” .The government must be commended for taking steps to honor the late nationalist hero because just thirty years ago it was inconceivable that Joshua Nkomo could and would be acknowledged as having contributed to the liberation of Zimbabwe .
Thirty years ago in 1983 people would disappear for just wearing badges with the picture of Father Zimbabwe and many indeed vanished from the face of the earth for daring to wear any Father Zimbabwe paraphernalia especially badges or orange Father Zimbabwe -T shirts or white P.F t shirts. .Popular songs praising Nkomo by the Light Machine Gun Fire Choir were literally banned from the airwaves because at that time any association with Nkomo was association with dissidents .It is therefore commendable that some thirty years later Joshua Nkomo has being finally .
It is befitting therefore that a street will be named after Joshua Nkomo and an airport has been built in honor of him fourteen years after his death .it is commendable that a statue is being erected fourteen years after his death .It must be noted however that that Nkomo deserved these honors and this is not a favour which the government is making for Nkomo ,his family ,the people of Matabeleland or Zimbabwe after all the man was even honoured by the African Union as one of the greatest icons in Africa .
One wonders why it took so long or the man to be honoured when it took barely a year to rename almost all the major streets in the country in the late eighties .But nonetheless it is a commendable that a man who was once described as a “cobra in the house” is being honored in this way fourteen years after his death .Yes it is commendable that fourteen years after his death a man who was once described as a threat to national security is being honored today .
It is in indeed inconceivable that a man who was accused of plotting to overthrow the government in 1982 and was unceremoniously sacked from government in 1982 is being honored today .Yes that very same Joshua Nkomo whose ZAPU properties including Magnet House ,Castle Arms and Snake Park were confiscated by the government is being celebrated today .
Yes it is the same Joshua Nkomo whose car was attacked and shot at by ZANU P.F supporters in 1985 in Masvingo .It is the same Nkomo who was whisked out of the country by Makhathini Guduza in 1983 after his Pelandaba home was attacked by armed state agents who were baying for his blood .This is the same Nkomo who saw thousands of his supporters being detained and tortured at Stops Camp in Bulawayo and Bhalagwe near his rural home in Kezi ,with thousands being killed in Nkayi ,Tsholotsho and Lupane for merely associating with the man and his party .Yes it is it is indeed inconceivable that this man is being honored today .It is inconceivable but commendable that Joshua Nkomo is being honoured today .
This same Nkomo signed the Unity Accord to save thousands of Matabeles from being slaughtered by the Fifth Brigade .Unity Day is therefore a day in which we should remember that a “ceasefire “was negotiated .It is also the day when we should not forget the thousands of Nkomo supporters who lie in mass graves and hundreds who disappeared for daring to belong to ZAPU ,ZIPRA and the thousands of orphans who up to today have no birth certificates because their parents just disappeared and death certificates where never issued .
The statue will forever remind us of Joshua Nkomo’s indelible contribution to the liberation of Zimbabwe .It will remind us of his great entreupreunal and prophetic vision which saw him conceiving Ekusileni Hospital long before there was a health crisis in Zimbabwe .It will remind us of his contribution in helping to set up the National university of Science and Technology ,Nkulumane Shopping Complex and Entumbane Complex . Today millions of people are using Econet lines because Nkomo had the courage to defy those who denied Strive Masiyiwa a licence and on the day he became acting president he signed the necessary documents for Econet to get a license to operate in Zimbabwe .
We will be forever reminded of these contributions but the statue ,the airport and Joshua Nkomo Street are also a memorial for thousands of his supporters whose graves are not known .
Let the history books b re written to explain why he became Father Zimbabwe ,to explain that his people were not dissidents .Yes it is commendable that a statue has been erected in his honour ,an airport built in his honour and one street in the whole of Zimbabwe renamed after him but the truth should be told .It is the truth ,the whole truth and nothing but the truth that will set us free .
Mayibuye!
Dumisani Nkomo is a political commentator and Chief Executive Officer of Habakkuk Trust .He writes here in his personal capacity
Monday, 14 October 2013
Devoluton -Moving Foward
Moving Forward With Devolution
By Dumisani O .Nkomo
I would like to argue that whilst marginal and indeed incremental changes have been gained in as far as devolution of power is concerned ,devolved governance and service delivery will not work unless other pillars ,structures ,processes and laws are put in place . Importantly With the wrong human capital in place in the form of councillors, ,members of parliament ,senators ,provincial executives and critically provincial bureaucrats , devolution will become a mere mirage .
The new constitution chiefly [chapter 14 ]merely outlines the framework of devolution of power but is does not give full expression to the concept .Nonetheless chapter fourteen expounds on the various stratas of governance from provincial to local government level that should give expression to the principle or concept of devolution of power .What is critical to note is that a lot of issues pertaining to devolution of power are left to acts of parliament in order to have practical expression and legislative application .This includes the establishment ,structure and staff of provincial and metropolitan councils ,the election of metropolitan council mayors and procedures of local authorities .In order for devolution to work properly therefore it is imperative to put in place enabling acts whilst at the same time re aligning current laws to the new architecture.
Devolution of power and decentralization of services will not work as long as the current hazy framework remains and subsidiary laws do not give full expression ,meaning and practise to it .If laws governing water ,energy ,natural resources ,mining ,industry ,local government ,investment still maintain a highly centralized nature it is likely that devolution of power may be decorative and cosmetic
It must be noted that though the draft gives a fairly good framework at a conceptual level ,this needs to be translated into praxis in relevant laws governing local government ,service delivery and resource allocation .Principles contained in the founding principles can be a starting point as the founding provisions recognize devolution and decentralization of government power and functions ,the three tiers of government [national ,provincial and local government ].Importantly the national objective of compelling the “state and institutions and agencies to take practical measures to ensure that all local authorities have equitable access to resources “ must be given practical effect in the enabling act and the rural and urban councils acts should be aligned accordingly to reflect this new socio political reality .
Enabling Finance Act
Devolution of power would be meaningless without dealing with issues of allocation of financial and natural resources .To this end Chapter 17 of the new constitution envisages “the equitable sharing of national revenue between “central , local and provincial and l tiers of government .The allocation of revenue between provincial and local government is left to an act of parliament . It is thus incumbent upon the incoming minister of finance and parliament to put in place such legislation in order to give full and practical expression to devolution financial functions .
Devolution and a Competent Bureaucracy
I must hasten to add that even with the most impressive pieces of legislation or policies, devolution may not work if the bureaucrats at national ,provincial and local level are not willing and able to the implement it .One of the greatest failures of post independent Zimbabwe is not our failure to craft effective policies and laws but rather the failure to implement policies .One only has to look at the impressive arsenal of economic blue prints since independents to get an idea what I am talking about .We had Growth With Equity [1980’s] ,Economic structural Adjustment Programme ,ZIMPREST ,the Millennium Economic Development Plan ,the National Economic Development Plan ,the Short Term Emergency Recovery Programme ,the Medium Term Plan amongst others but alas most of these have been “pie in the sky and not sadza on the plate “
We have been good on description and eloquent on detail but thin on implementation .Zimbabwe needs competent, able and willing people leading the civil service at relevant levels otherwise devolution just will not work
Lastly in order for devolution to work Zimbabweans need to elect legislators with the capacity to debate ,enact and monitor the relevant legislation .The elected legislators and appointed ministers who are sympathetic to the cause of devolution of power must ensure that the legislative agenda of the next parliament reflects the imperative of laws aligned to a devolved dispensation .
To conclude all I am saying is that the current framework of devolution in the new constitution is insufficient to deliver the desired order outside of certain fundamentals and imperatives .
Nkomo is the Chief Executive Officer of Habakkuk Trust and an activist
He can be contacted on dumisani.nkomo@gmail.com
provincial and local governments critical
Local and Provincial Governments Key To Good Governance and Development
By Dumisani O. Nkomo
The new constitution provides a reasonable framework for the country to put in place functional and effective provincial ,metropolitan and local government structures .There is a need for the country to move swiftly to ensure that the three tiers of government created by the new constitution work effectively and efficiently bringing the desired output o good governance ,development ,equitable distribution of resources and citizen participation in decision making processes
Tiers Of Government
The new constitution for the first time in the history of Zimbabwe acknowledges three tiers of government namely national government ,provincial and metropolitan government and local government with the later consisting o urban and rural councils .It is however necessary to unpack the roles ,responsibilities and parameters of these different tiers of government to avoid duplication ,confusion ,bureaucracy and in ultimately policy inertia .The devolution of power contained therein may be stillborn if those mandated to implement it do not understand how it should work or if there is conflict of laws and policies or the absence of enabling legislation .
Good Governance
It is my belief that if these three tires of government especially provincial and local government function effectively this will lead to good governance and ultimately socio economic development of various regions ,provinces and districts especially areas which have been subject to historic marginalization such as the Midlands ,Matabeleland ,Masvingo and parts of Manicaland .
The new constitution attempts to capture good governance as reflected by a state
“that adopts and implements policies and legislation to develop efficiency ,competence ,accountability ,transparency ,personal integrity and financial probity in Government at every level and in every public institution [Chapter 2.2 Zimbabwe Constitution].
.Good governance should not be an abstract academic concept but that which delivers bread and butter to the people through the provision of basic services e. g education ,health ,water ,electricity as well as access to resources .Some of these are entrenched in Chapter Four of the new constitution as socio economic rights .
Local Community Development and Empowerment
Meaningful local development and empowerment of local communities can only take place if the socio political architecture at provincial and local level gives expression to these ideals and aspirations through the existence of enabling participatory ,decision making structures ,policies and laws .This is captured brilliantly in chapter 2.8 of the new constitution which compels all state institutions at every level to ensure :
1.Local communities benefit from local resources in their areas .
2.Promote self reliance and private initiate
3.Bring about balances development of different areas of Zimbabwe .
4.Rectify imbalances resulting from past policies and practices .
A central government and state architecture that ensures that the above mentioned constitutional principles are adhered to will provide a sound framework for provincial/metropolitan councils and local councils to function .
Structure and Composition of Provincial and Metropolitan Councils
It is an emerging reality that most Zimbabweans even those who should be in the know have no idea about the composition ,structure and powers of the new provincial councils or metropolitan councils as is the case with Bulawayo and Harare .Chapter 14 of the new constitution speaks to this providing for devolution of governmental powers and responsibilities to appropriate levels .Whilst some might not like the word devolution it is not really the semantics that matter but the level to which there is statutory provision of placement of power from one level of government to another .Ultimately it is about what this system of government achieves in terms of socio economic development not the composition or semantics .Broadly the constitution defines the objects of devolution of government powers to provincial and metropolitan councils and local authorities as :
1.Giving powers of local governance to the people and enhance their participation in the exercise of the powers o the state and in making decisions that affect them .
2.To promote democratic ,effective ,transparent ,accountable and coherent government .
3.To recognize the right of local communities to manage their own affairs and to further their development .
3.To ensure the equitable sharing of local and national resources
4.To transfer responsibilities and resources from the national government in order to establish a sound financial base for e ach provincial and metropolitan and local authority .
Surely which Zimbabwean in her or his right frame of mind would be opposed to any of these objectives ?.No political party worth its salt can deny Zimbabweans at the local level the right to participate in decision making and development processes which enable them to be masters of their o their own destinies .Those who claim to champion empowerment but do not believe in empowering local communities are in ideological internal conflict and confusion .
However whilst the objectives of devolving power to provincial ,metropolitan councils and local authorities is to all intents and purposes very sound it is the de tail which may be confusing ,contradictory or unclear .
For the avoidance of doubt there are eight provincial councils and two metropolitan councils the metropolitan councils being that of Bulawayo and Harare
Functions
The functions of the provincial and metropolitan councils primarily are that of socio economic development of respective provinces ,co ordination of government programmes ,natural resource management ,promotion of tourism ,evaluation o use of resources and other functions in a yet to be framed Act of parliament .The structure and staff of this level of government are also left to an Act o parliament which Act of parliament is not yet in place .
What may be confusing however is the fact that the metropolitan councils may encroach into the work of the Bulawayo or Harare local or municipal authority as they would primarily manage the same geographical space tough possibly the metropolis will be bigger .The metropolitan councils consist of all the elected councilors ,house assembly representatives ,Senators and is chaired by the mayor who is elected at the first sitting of the council .The constitution implies that the mayor cannot be executive unless he /she is directly elected by the electorate [Chapter 14.11]
It must be noted that a lot of the functions of the metropolitan and provincial councils are left to an Act of parliament and are not clearly articulated in the constitution .The current Provincial Councils Act is not adequate for these purposes as it is not in harmony with the new constitutional order .
Critically local government is also provided for in the new constitution but much is also left to an enabling Act of parliament .Both the Rural District Councils Act and the Urban Councils Act need to be urgently amended ,repealed or aligned to the new constitution so as to provide a sound framework for this new dispensation .
These tiers of government have an adequate foundation in the new constitution but these are inadequate in the absence of a supporting superstructure in the form of enabling legislation .Once a clear legislative framework is in place Zimbabwe can work towards sustainable socio economic development predicated on sound local democracy ,good service delivery and local development
Consumer Activism
CITIZENAND CUSTOMER ARE KINGS –THE IMPERTIVE OF CONSUMER ACTIVISM
By Dumisani Nkomo
Away from the madness of Zimbabwean politics is an equally maddening phenomenon of the erosion of consumer rights ,the death of customer care and the virtual collapse of quality service delivery at all levels for Zimbabweans in all walks of life .Why should getting a passport be an achievement? and why should getting a drivers license be something of a miracle ? whilst getting a birth certificate or identity document be as difficult as going through the eye of a needle ?Many banks treat their customers like their slaves who owe them a living . Why has law enforcement by the police become the preserve of those who line the pockets of police officers .Only those with ZANU P.F caps and t shirts are able to get away from corrupt traffic police officers who have turned corruption into an institution .Why do pensioners get pittances whilst their funds have been used to build expensive shopping malls and other buildings whilst they continue to wallow in poverty after contributing to pension schemes for years only to be told that their savings were eroded with the disappearance of the Zimbabwean dollar .Why should bank tellers ,till operators and commuter omnibus operators treat us like they are doing us favors when their businesses would collapse without us their “valued consumers? .I would like to give a few personal glimpses of nasty experiences at the hands of service providers as well as broader challenges that citizen /consumers face at the hands of faceless and ruthless private and public institutions who have made rudeness a national occupation and corruption a way of life .
The Police and The Criminal Justice System
Almost a year ago I assisted a young lady[ actually a juvenile ] to report a case of rape and after physically reporting the case to a bunch of un co operative police officers at Queens Park Police Station ,I personally organized transport for the police officers ,the suspect and the victim .For the past eight months we have been shuttling from the police station to the courts and up to now the case has not even seen the light of day in the courts in spite of all the rhetoric about gender rights and the rights of children .The criminal justice system has virtually collapsed and both the law enforcement agencies and the courts appear to be unable or unwilling to deal with cases as the one I described above in spite off numerous attempts to push both the police and the courts to act .Is justice only for the rich or the corrupt? .The Zimbabwe Anti Corruption Commission needs to be brought in to investigate Corruption in the police force .Corruption in the Vehicle Inspection Department is well documented and legendary but has become a fact of life .
Births and Passports
One of the most traumatic things to have to go through is the process of either securing a new passport ,replacing a lost one or renewing an expired one .One is made to feel they are applying to go to heaven by some of the officers concerned .Even going to heaven takes one to accept Christ into their lives but getting a passport ,securing an identity document can be quite a nightmare in independent Zimbabwe . .Why does it have to be so complicated in this world of technology it should literally take a few minutes ? .The process is as cumbersome as lobola with the applicant being treated like someone who committed some gruesome crime against some ancestor or the other .This is worsened by rude officers with no idea that the customer is king .
Just last year I was quite horrified when attending a villagers meeting in Mthunduluka ,Plumtree when a an official from ZESA Holdings decided to address shocked villagers in a language they did not understand without apologizing or showing any sign of remorse .There is absolutely nothing wrong with speaking in any of the national languages including Shona or Ndebele but surely for one to address a group of villagers in Mangwe in Shona or in Ndebele in Murewa is short of scandalous .Communication is essential in service delivery and the police and parastatals are especially notorious in showing little or no respect for local languages .How then does the provider of the service get feedback on his /her product when he/she does not understand the consumer of the service or goods?
Pension and Depositors Funds
Without funds from depositors and contributors banking institutions and statutory beneficiary social security institutions would virtually collapse .There should be equal diligence in accounting for funds of depositors ,contributors and tax payers as there is in soliciting or collecting these funds .I was impressed with pensioners from Brethren In crhist and Mennonite Churches in Canada who in 2010 lobbied the Canadian government to investigate the conduct of mining companies they had invested in .They argued that the mining companies based in Canada with operations in East and Southern Arica had contributed to the displacement of thousands of locals and environmental degradation .As conscious investors through pension funds they then lobbied the government through a Private Members Bill for a piece of legislation to compel mining companies to be socially responsible .Although not totally successful this was an example of shareholder activism .Imagine pensioners from the Railways or NSASSA beneficiaries publicly lobbying for the responsible use of their funds through responsible investments.
I remember at the height of the Zim dollar madness many companies and N.G.O’s lost funds in banks that had been placed under curatorship with some banks converting the depositors funds in foreign currency accounts into equity without the consent of the depositors .Others lost their life savings and investments .Is this not some form of legalized theft of depositors funds by vampire state institutions ? .
Solutions
I would like to suggest that in order to curb the rampant abuse of consumers ,customers ,contributors ,depositors and so forth the following be done :
Consumer Activism
We need more organized consumer activism with consumers organizing themselves to withhold their money from service providers who mistreat them .In order for this to work it has to be properly organized and should not lead to anarchy .The Consumer Council of Zimbabwe which is statutory body need to be capacitated to handle the needs of consumers to challenge the excesses of state entities and corporates .
Shareholder/Depositor Activism
Depositors should not blindly deposit their money into banks and allow themselves to be abused by some banking institutions .Efforts should be made to organize depositors so that their funds are safe and those who abuse depositors and their funds should be subjected to organized ,non violent consumer resistance .
State institutions should be schooled in tenets of the new constitution such as the Chapter On Public Administration and Leadership which outlines how public institutions and public officials should behave .Constitutional bodies such as the Zimbabwe Anti Corruption Commission should urgently investigate the culture of corruption in most if not all public institutions .Companies should send their employees for customer service training .This is not an expense but an investment which will increase their returns .
The customer is King .
Indigenization
Indigenization –Distributing Poverty Or Wealth Distribution
By Dumisani Nkomo
I have no qualms about the broader intents and philosophy of black economic empowerment , however such a policy has the potential of actually creating new problems instead of solving old problems .Whilst indigenization and empowerment seeks to correct historic wrongs and involve the previously disadvantaged black majority it could actually result in the distribution of poverty instead of wealth .At times hunger forces people to kill the cow that gives them milk on a daily basis and for a whole week people may revel and feast on meat but in the long term they will run out of meat and pray for the return of the cow that gives the milk .In The same vein if the indigenization and empowerment programme is implemented callously and carelessly it will have genocidal effects on the economy resulting in increased poverty instead of broader economic growth ,employment creation and improved standards of living .I would like to argue that there is something fundamentally wrong with any economic or socio economic model that is predicated on transferring wealth without due emphasis on creation of wealth .
Wealth Distribution Versus Wealth Creation
The ZANU P.F Election manifesto states that a ZANU P.F would target 1,138 companies in 14 sectors for indigenization in the process unlocking value of U.S 7,3 million .I would like to argue that merely focusing on transferring wealth from one group to another would be suicidal for the economy in a number of respects .We have to grow our national cake before deciding to slice it up among ourselves especially at a time when the cake is shrinking in size and value .Do we not believe that we can make it as black people without grabbing from others ?.Strive Masiyiwa ,Nigel Chanakira ,Mthuli Ncube and Trevor Ncube are some of our very own Zimbabwean businesspersons who have proved that blacks can also successfully create wealth and run successful companies without having to grab from some white businessman somewhere .Sadly some of these great entrepreneurs have been declared unwanted in Zimbabwe when they should be living examples of how black Zimbabweans working together with Zimbabweans of various racial groups can make it on their own .
There are just too many people who want to take over farms ,mines and companies without adding any value to the entity ,the economy and the nation .We need wealth creators that will create employment and opportunities for other Zimbabweans not wealth accumulators for whom owning a company is a status symbol not a vehicle for empowerment ,creating wealth and jobs .
Patronage and Corruption
Corruption ,cronyism and patronage networks are now embedded institutions in our national ethos and the indigenization and empowerment process is likely to deepen and accentuate these cancerous activities which have made the economy similar to the ruins on the ZANU P.F logo .There are valuable lessons from South Africa where the A.N.C National chairperson and struggle icon Baleka Mbethe is facing corruption allegations over a company that was targeted for Black ECONOMIC Empowerment [B.E.E.] .There are also cases of connected young South Africans who have never worked in their lives but are millionaires because of patronage networks which have produced a generation of “tendepreuners ‘ who win tenders without the capacity to deliver services or goods .I hope Minister Francis Nhema institutes an audit on who has benefitted from the current indigenization process lest we find it is a tiny “coterie or “criminal cabal “masquerading as champions of black economic empowerment secretly lining their pockets whilst everybody else wallows in grinding poverty .
Milk and Apples
George Orwell describes this aptly in his prophetic classic Animal arm were the pigs [ruling class ] set aside for themselves the milk and apples Propaganda chief Squealer tells the other animals “comrades we are eating those apples and drinking that milk for your own sake comrades ,imagine If we failed to eat those apples and to drink that milk Jones would come back “.
The past ten years have seen a new class of rich young blacks many of whom neither “toil not spin ‘but whose only claim to wealth is patronage and links with the ruling elite .These are eating and drinking on behalf of the masses .
Mass Economic Participation A Myth
Whilst mass participation in the economy is noble it is largely mythical as not everybody can own or run a business .This is not racial but universal as the trend in advanced economies with high economic levels is that most people are happy working and earning a salary .This a simple act which has nothing to do with being black or white For most in Zimbabwe what we call businesses are actually survival strategies or coping mechanisms to survive in this harsh economic environment .Many of these people could be happily employed if the economic environment was conducive .Of course there are many people out there who can turn their small businesses into thriving enterprises but surely to expect an entire population to own and run businesses is simply delusional and is the highest form of self delusion and fantasy
We now have generation of people who want to run ‘their own things “,their own N.G.Os ,their own bakeries ,their own companies which is absolutely fantastic but the problem is that we are not encouraging the culture of hard work ,productivity and innovation to along with this noble spirit .We cant have a whole nation of people “running their own things “,this is only possibly where an economy has collapsed and people are trying to survive as is in one case .We should not therefore build a whole ideology for whole economic policy based on survival and make this into a national policy .
I am all for black empowerment , I am all for indigenization and black empowerment but it needs to be based on the right foundations .It should not be based on grabbing from the whites but building our own viable business enterprises .It should not be based on who you know and patronage networks but on quality of service ,quality of goods and affordability .The final product is not black of white but it should be of the right quality whether it was produced by a black man ,white man or pink man or woman .Indigenization should not become an excuse for poor workmanship ,poor customer care and poor delivery .
What Should Be Done
Hardworking entrepreneurs should be rewarded through access to credit facilities at reasonable interest ,tender opportunities ,capacity enhancement through skills enhancement and mentoring .Just dishing out thousands of dollars with just result in distribution of poverty instead of wealth . I was actually intrigued three weeks back when I visited a furniture company owned by a black family from Bulawayo .They did not grab it from a white man but their t product was excellent ,their service incredible and the delivery precise .These are the black entrepreneurs we should be empowering not some lap top ,brief case tendepreuners who survive on graft and patronage
Mayibuye
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