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Anti-graft drive and electioneering
Media Monitoring Project Zimbabwe (MMPZ)
Extracted of the Weekly Media Update 2004-7
Monday February 16th – Sunday February 22nd 2004

The government-controlled media’s continued blind endorsement of government’s anti-graft campaign manifested itself in their follow-up coverage to the amendment of the Criminal Procedures and Evidence Act under the Presidential Powers (Temporary Measures) Act. These media merely presented the move as a spirited initiative to stem corruption. There was no analysis of the underlying implications of the new anti-graft law, which the private media condemned as yet another repressive law meant to deny citizens their constitutional rights. Neither did they fully explain why government was only acting on corruption now, when it has previously ignored massive cases of vice.

In fact, lack of clear answers to such questions resulted in the private media viewing the fight against corruption in the prism of the forthcoming parliamentary elections, which President Mugabe recently announced would be held in March 2005. They used the fact that the anti-graft dragnet had only netted smaller fish as evidence to back their observations that the fight against corruption was part of ZANU PF’s campaign arsenal to woo the urban electorate.

Such line of analysis was completely ignored by the government media. Instead, ZTV (16/02, 6pm) simply relayed the narrow perspective of the anti-graft war, saying the police had welcomed the newly gazetted anti-corruption legislation, as it "will help fight economic crimes." In the same bulletin, faceless "legal experts" were quoted as having said the new law would "help fight corruption, for example, money laundering, externalization of funds…"

Selected members of the public were also roped in to endorse the regulations. Similarly, The Herald (17/02) comment stated: "The gazetting of the regulations shows that the Government is determined to deal with corruption in the country", adding "Corrupt people… who jeopardise the country’s economic development are economic saboteurs who should be denied bail."

In an attempt to give the regulations a degree of legitimacy the comment went on: "These laws will not be peculiar to Zimbabwe because other countries like Botswana and the United States already have such laws." No attempt was made to fully explain what the US and Botswana laws exactly stipulated nor the circumstances under which they were passed.

Further, the paper (and ZBC) narrowly presented the regulations as targeting those perpetrating economic crimes only and conveniently ignored the fact that the new laws could also be used against those charged with the violation of another draconian law, the Public Order and Security Act (POSA).

This was only raised in the private media. For example, SW Radio Africa (17/02) quoted MDC’s secretary for legal affairs David Coltart as saying, contrary to government media’s claims, there is a "provision applying these new… laws to charges leveled against accused people in terms of the Public Order and Security Act… The…Act, in particular Section 5, has been the law used by the regime to lock up hundreds of MDC leaders and…people in civil society." The private Press did not fully expose this, although it categorically stated that the law was unconstitutional.

The Financial Gazette (19/2) quoted Coltart saying the law contravened sections 13 and 18 of the Constitution "in that it removes a person’s rights to have a question of his liberty determined by an independent court in a fair hearing within reasonable time".

He raised similar views in The Standard (22/2) story, Mugabe accused of abusing presidential powers. Other legal experts such as Sternford Moyo and Lovemore Madhuku were quoted in the same report condemning the law saying it contradicted the principle of the separation of powers, so vital in a democratic society.

Studio 7 (16/02) agreed. It quoted former magistrate, Wilbert Mandinde, saying the law violated the constitution because "the presumption is that you are guilty until you prove yourself innocent. But the constitution is very, very clear. It says you are innocent until proven guilty…" The station (17/2) also quoted constitutional lawyer Greg Linnington echoing similar views adding that, "Sometimes when a country is undergoing some kind of emergency, there may be grounds for allowing the police to hold someone for an extended period without bringing him to a court of law…but there’s no state of emergency in Zimbabwe at the moment."

Human rights lawyer Otto Saki also pointed this out in his article ‘Makamba’ regulations violate rights, which appeared in the Zimbabwe Independent (20/2).

But the government media steadfastly ignored these fundamentally important issues relating to citizens’ constitutional rights to liberty, focusing narrowly instead, on a blinkered presentation of the regulations. ZBC (16/02, 8pm) for example quoted the newly appointed anti-corruption minister, Didymus Mutasa, as saying "The law helps us to help the people of Zimbabwe to unearth corruption." ZTV also quoted Justice Minister Patrick Chinamasa as having said government drafted the law " for the benefit of all Zimbabweans."

The government media was so obsessed with the government’s fight against graft that they even found themselves wildly editorializing some stories that were not directly related to corruption in order to insert references to the ‘crusade’ against graft.

A typical example appeared in The Sunday News (22/02). In its report, 80 and still full of energy, which reported President Mugabe’s birthday, the paper strayed into uncritical praise of Mugabe’s bid to fight corruption: "The anti-corruption blitz, which Mugabe declared, has shown him as an honest politician as some bigwigs within the ruling party have been arrested for economic crimes. One does not need to be a political scientist to discern that if public poll surveys were to be carried out they would show that President Mugabe is the "man of the moment".

As if to back this portrayal of Mugabe as an untainted leader, whose government is committed to fighting corruption, the paper and its sister publication The Sunday Mail (22/2) carried several reports highlighting government’s efforts to clamp down on corruption. Examples are; We never used money for positions: President, and Surrender farms or face jail, Nkomo warns top brass, (The Sunday Mail), while The Sunday News carried Govt on land reform clean up exercise, Payback time, and RBZ intensifies probe on companies.

However, the private media was sceptical of the government’s sincerity. They pointed out that if indeed government was serious about weeding out corruption it should start with the top brass of the ruling party. For instance, The Tribune (20/2) observed, "The current clampdown on corrupt businesspeople is a desperate attempt, not to correct the situation but to save the system…First things must come first. Political patronage must be destroyed by getting rid of its godfathers."

In its article, Heavyweights escape corruption dragnet, The Financial Gazette also quoted independent analysts questioning why the anti-graft crusade had only affected ZANU PF’s lightweights and not influential individuals. Among those quoted was John Makumbe who dismissed the whole anti-corruption campaign as a political gimmick. Said Makumbe: "I don’t see the political will to go the whole mile to fight corruption. A lot of politicking is taking place ahead of ZANU PF congress in December and the 2005 parliamentary election".

The Zimbabwe Independent comment also viewed the issue in a similar light. It warned people not to be hoodwinked into believing that government’s anti-graft drive, which manifested itself in the promulgation of the repressive anti-corruption law, was a genuine war against economic crimes. It noted that the new anti-graft law "will be used together with AIPPA and POSA to complete the apparatus of the police state Zanu PF is assembling prior to next year’s poll", adding that ZANU PF "have evidently decided that the war on corruption will be the central plank in their electoral platform".

In fact, The Sunday News (21/02) vindicated the paper’s claims. It quoted ZANU PF Politburo member Dumiso Dabengwa as having said: "with the anti-corruption drive and tangible programmes to revive the economy Zanu PF was putting itself in a better position to win the 2005 parliamentary elections."

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