EDITOR - Congratulations on an excellent and timely opinion piece in last week's Zimbabwean- 'Stop being ridiculous, please', where you exposed the lies that The Herald Newspaper publish. Happily, it is not only the vast majority of Herald readers who will reject the nonsense being spewed by The Herald on behalf of the Zanu (PF) diehards.
Indeed it is clear that President Zuma and his 3 man facilitation team are determined to bang heads together, with Zuma being described as ‘very strong on the Zimbabwe situation’ when he addressed CHOGM leaders.
Furthermore, we can expect him back in Harare very soon after the World Cup draw at the weekend in Cape Town, which itself is helping to galvanise regional minds as the global spotlight starts to turn on southern Africa, which does not need Zimbabwe to be a running sore for a moment longer.
And we can expect progress with the announcement of the Media Commission which will give a boost to the efforts of those involved in the media industry, however much the Mahosos and Charambas might wish it otherwise. ANON., Mutare
Dont kick us out of CITES
EDITOR With regard to all the recent uproar surrounding the rampant poaching of Zimbabwe’s big game; surely it would not make sense to kick the country out of CITES at the next meeting in Dohar.
This would then leave the way clear for poachers, including their handlers, the greedy Ministers and the rest. They would be left to their own devices and allowed to act with absolute impunity. DIANA MITCHELL, West Sussex
No water for weeks
EDITOR – We live in the Milton Park area (old section) and we haven’t had water for a week now.
I know we are some of the “lucky one’s” to have lasted so long. We have always had water cuts, but there would always be a short time in the day when we had water in our taps.
Our area is actually classified as the CBD does this mean there is no water in the city?
We don’t have a river near by – unless you count the Avondale River which is
pretty dirty and polluted. I dont have any desire to collect water from there.
Can you tell us what is happening? Has Harare run out of water? Do the people know? What happens when disease strikes? When do we have to leave in a mass exodus? Is the man at the top punishing us even more? Or has everything finally completely broken down and no body knows how to fix it?
I know that it is the habit of most Zimbabweans to keep their heads down and say nothing. But I say, Enough is enough. We cant make a plan, everything is falling apart. SIMON MOYO, Harare
Save our wetlands
EDITOR – Wetlands are NOT wastelands. Lets say no to destroying our wetlands and call for their protection. Lets stop all developments on wetlands. Lets stop councils changing our byelaws on wetlands so as to develop on them.
Wetlands cover less than 3% of Zimbabwe and are an endangered habitat. They are a natural filter for our water and prevent pollution. They act as a flood regulator and they play a vital hydrological role. Wetlands are a sponge and they maintain our water table. They are centres of biodiversity.
We must act now to save these precious wetlands. ANON., Harare
Zim laws need revision
BY GODFREY GONESE
I understand law as the body of rules governing human conduct recognised by the state and enforced by the same state if necessary in order to preserve order and do justice to all. In other words, it is the behavioural model of what is generally agreed as right and wrong within that particular community. Therefore, it means that within that community, both authority and legitimacy comes only from adherence to that standard.
On the other hand the legal system defines the method / procedure with which a community administers the law, i.e. the how, by who, and where.
It is evident to all Zimbabweans of sane disposition that the current Lancaster House based is fundamentally defective and seriously inadequate as our standard Zimbabwean law. We are gratified by the current efforts to script a people driven constitution by next year through an all inclusive consultative process.
A democratic nation needs a constitution which is based on the universal laws of natural justice, i.e. equality, reason, certainty, generality and fairness. Such a constitution will liberate potential talent in our nation towards social and economic development.
We all hope the peoples view will prevail so that the resultant constitution commands national legitimacy and authority.
Inherited from the colonial era
Another serious concern is on our legal system inherited from the colonial era and adopted wholesale by the Zanu rulers ( not leaders ) to entrench their black elite patronage system. Both the sources of law and the administrative apparatus remain the same.
The Roman Dutch law continues to be the only source of national legal discourse. Dont we have the brains to create our own Zimbabwean or African source of law? I challenge entrepreneurs in the legal profession in Zimbabwe to think out and articulate our own source of law. I know most ordinary minds in this profession will say my suggestion is mad.
The administrative system remains the instrument of the rich, which is inaccessible to the people of Zimbabwe, both in cost and outreach. How many people can afford the exorbitant fees of a Zimbabwean lawyer?
Like the doctor you are charged for making an appointment whether you are given value for money or not. The legal fees need downward revision to be affordable, or the government needs to provide a public legal service system available to all citizens.
No access to justice
In addition, accessibility to the justice system needs improvement, particularly in the adjudication of civil matters. One cannot institute a simple civil claim without a lawyer. Some issues have to be finalised in Harare / Bulawayo. The present system forces poor peasants and struggling entrepreneurs into exploitation by greedy but ineffective lawyers in very simple matters of law.
Imagine a farmer in Malipati, 1000 km from Harare, who wants to claim for damages for his stolen cattle, has to go to Harare. Business people or entrepreneurs are negatively prejudiced in many ways by the rigidity and time consuming legal recourse system currently obtaining in Zimbabwe. This lack of accessibility militates against equitable administration of justice in Zimbabwe.
Pertinent to the development of entrepreneurs, we notice, with concern, that all the universities in Zimbabwe have no degree programme in Business Law. No wonder corporate law issues are inadequately handled by criminal law practitioners who do not give entrepreneurs value for their money. I challenge law faculties of universities in Zimbabwe to introduce this vital degree programme.
A new democratic Zimbabwe requires a democratic constitution and a new more responsive non-elitist legal system to allow entrepreneurship to blossom to the full in Zimbabwe.
You are welcome to criticise and, more importantly, propose alternatives to my views expressed above: gsgonese@gmail.com.
Post published in: Uncategorized