PRESS STATEMENT & APPLICATION ON ZIMBABWE

Tuesday, 24.04.2012 LONDON, UK    Category: Media   0 comments

Dr. Matsanga presents an application to the EU General Court in Brussels this morning of 24th April 2012

 

LIVE FROM BRUSSELS.........

1.0       INTRODUCTION
In 2001 the United States of America promulgated a law called the Zimbabwe Democracy and Economic Recovery Act, hereafter commonly referred to as ZIDERA. In promulgating this law for Zimbabwe, the USA cited retrogressive land policies, endemic corruption, and Zimbabwe’s involvement in the DRC war, absence of the rule of law, political intolerance, electoral fraud and gross human rights abuses as the basis for these economic sanctions under ZIDERA. In effecting the provisions of ZIDERA, the multilateral lending agencies including IMF, World Bank and Africa Development Bank, among others voted against credit facilities (in all their various forms) to Zimbabwe. Other development partners including the EU and majority of its members, UN and other individual countries such as Norway, Australia, Switzerland and New Zealand supported and imposed the sanctions such as prohibitions on arms sales to the government of Zimbabwe, restrictions and bans of visas for members and supporters of Mugabe regime, restrictions on the financial and trade transactions involving specified individuals and entities, freezing of assets of targeted individuals and entities and the suspension of Zimbabwe by the Commonwealth from council meetings for 1 year.


One cannot ignore the damaging effect the sanctions have had on the economy and how the country and its economy are being slowly asphyxiated by the blockade on access to international capital markets. Since 2000, the economy of Zimbabwe has shrunk significantly resulting in a desperate situation for the country and widespread poverty from among others 80% unemployment. The economy deteriorated from one of Africa's strongest economies to the world's worst. The net result has been widespread untold sufferings for the people of Zimbabwe.  


A careful assessment of the situation in Zimbabwe in the context of the sanctions and the purpose they were meant to achieve, one arrives at a painful and sad conclusion that it is the innocent people of Zimbabwe who have borne the blunt of the so called economic sanctions. Dr. David Nyekorach Matsanga who has keenly followed the Economic sanctions in Zimbabwe has realised that, the Zimbabwe economy is at the blink of collapse and the consequences are severe that now a legal process need to save the good people of the great country of Zimbabwe. By invoking Article 44(5) of the Rule of Procedures of the General Court of EU, I seek justice for the ordinary and helpless people of Zimbabwe.


2.0       COMPREHENDING THE FULL IMPACT OF THE ECONOMIC SANCTIONS TO THE PEOPLE OF ZIMBABWE

  1. Zimbabwe’s ability to reschedule its loan payments and to apply for debt cancellations in times of severe financial crisis was severely affected.
  2. Once the IMF and World Bank stopped doing business with Zimbabwe, this had an immediate and adverse impact on Zimbabwe’s credit and investment rating. And with a drop in investment rating went the dream of low cost capital on the international markets.
  3. ZIDERA was a masterstroke. At the stroke of a pen, Zimbabwe’s access to international credit markets was blocked. And relying purely on barter trade, and trade, mining, agricultural concessions, and on exports-generated foreign currency, Zimbabwe’s economy has been slowly but surely asphyxiated.
  4. The consequent foreign currency crisis has resulted in the continued devaluation of the domestic currency, rapid inflation, and all else that has manifested itself in the current Zimbabwe economic crisis.
  5. The race to rid Zimbabwe of the companies associated with supporters and ZANU-PF members practically provide a livelihood to thousands of families, and contribute to the development of the country.
  6. It cannot be right to say that economic support will be provided to the country once its leadership is out of power. We, all too clearly know, following the Lancaster House Agreement of 1979 on the land question, such promises are impossible to enforce.
  7. The restrictive measures have made Zimbabwe a highly risky  business environment, thus attracting  high-risk premium  on offshore lines of credit and this often scars away investors and the few who have taken these credits at high interest rates have had to increase prices due to the cost of doing business.
  8. The sanctions have made the transactions of government difficult and untenable as they key Government individuals face travel bans as the officials cannot travel and undertake their officials’ duties with ease.
  9. Due to the breakdown of the economy, the country cannot afford proper healthcare, quality education and progressive development. In turn millions of innocent people continue to die out of HIA/AIDS and the scourge of Malaria as the citizens cannot access basic healthcare.
  10. Finally, these restricts have stifled democracy  as citizens are made to believe  that certain individuals  within ZANU-PF are unfit to hold office and this is not the case.
  11. Multispectral impact of these sanctions has also been felt. This ranges from effect of regional cooperation such as SADC and COMESA, collapse of health sector due to suspension of bilateral grants and relocation of WHO offices and the near collapse of transport sector due to stalled programmes that would have boosted trade and movements within and outside Zimbabwe.

3.0       THE NULLITY OF THE ECONOMIC SANCTIONS
As already being in the Public domain, the sanctions imposed on Zimbabwe by the most powerful nations simply meant, to bring about the downfall of President Mugabe by orchestrating the economic collapse of Zimbabwe. But there is a lofty of legal provisions which make these sanctions illegal, immoral, and unjustified in a progressive world order.  They include;

  1. These sanctions were being imposed outside the purview of the United Nations system,
  2. The sanctions were being imposed ultra vires the Cotonou Agreement that governs relations between ACP member states, and
  3.  Most importantly, they were being imposed as a cover for the rank violation of the international law of succession that should have bound British Government to honour obligations entered into Briton Administration at the Lancaster House Constitutional Conference in 1979, where the British government pledged to bankroll the cost of land reforms in Zimbabwe.

In specific terms, the following legal provisions in various authorities ranging from the Zimbabwean constitution, AU provisions, EU provisions etc have been violated. They include;

  1. That these sanctions contravene the Constitution of Zimbabwe Amendments,(No. 16) Act 2000, (No.17) Act , 2005 and No. 18, Act 2007  that addresses the land policy which is a subject of the sanctions.
  2. That the freezing of assets of targeted  individuals  and entities is a serious violation of  the provisions of International Covenant on Civil and Political  Rights(ICCPR) and The International Covenant  on Economic and Social Rights(ICESR) whose provisions are well known to the sympathizers of the restrictions. Within the context of EU, these violations the individual rights as clearly indicate on European Charter on Human Rights. We pray to the court to lift the sanctions immediately and restore the rights of individuals whose Civil, Political, Economic and Social rights have been violated on a large scale.
  3. The travel and visa bans imposed go against the provisions of African Charter on Human Rights which give individuals express right of freedom of movement and residence within the borders of a state provides he abides by the law, including the right to leave to any country and return to his country.
  4. The sanctions for the members of ZANU-PF and officials working for President Mugabe is actually punishment for their involvement  with Mugabe, which is a violation of  their rights to participate freely in the government of their country in accordance to the provisions of the law.
  5. The sanctions against ZANU-PF are aimed at bringing unjust regime and thus not made in the best interest of democracy. The western powers continue therefore to ignore regional bodies such as AU which does not accelerate the political and socio-economic integration of the continent as envisaged by AU.
  6. The breakdown of the economy has also infringed the basic human rights on education, and the right to access to public property and services.
  7. The sanctions go against the spirit of the Constructive Act of the African Union which aims to protect human and people’s rights and other relevant human rights instruments, by undermining these rights.

4.0       PETIONERS’ PRAYERS TO THE EU COURT

  1. Under the general laws, principles and customs of international law, we pray to the General Court to  declare all forms of economic  sanctions perpetuated by the defendants against Zimbabwe  illegal
  2. We pray and seek an injunction on all matters regarding sanctions and that the General Court stops all the forms of economic sanctions with immediate effect and without any condition therein.
  3. That the General Court annuls all travels bans imposed on the Zimbabwean people.
  4. That all defendants compensate Zimbabwe for the economic loss and related incidentals caused.
  5. That the General  Courts grants us the right to appeal to the Court of Justice should any EU refuse to abide by any declaration of the court on termination of the economic sanctions against Zimbabwe.

CONCLUSION
It is true that the sanctions were and continue to be a serious and blatant violation of human rights as they have inflicted unnecessary, unjustified and great harm due to the innocent people of Zimbabwe. The sanctions are immoral as they attempt to have a regime change by precipitating the collapse of a developing, only recently independent, now famine -ravished African country. As the sanctions have not been coordinated well within the international community, this breeds discordance which now undermines the credibility of bans and raises questions as the real motives of these western restrictive, particularly the African States. It is therefore the duty and responsibility of the EU Court to hear our prayers on behalf of the millions of people of Zimbabwe.
Thanks


Dr. David Nyekorach- Matsanga
Chairman/ CEO/ Africa World Media Ltd.

africastrategy@hotmail.com. Dr.davidmatsanga@yahoo.com

+447930901252 UK.

 

THE REGISTRY, GENERAL COURT OF JUSTICE OF THE EUROPEAN UNION

ATTENTION:

APPLICATION TO THE GENERAL COURT DATED 24th APRIL 2012 IN BRUSSELS BELGIUM.

In the Matter of;

APPLICANT:   
 Dr. DAVID NYEKORACH MATSANGA OF
 35 BRIERLEY NEW ADDINGTON CROYDON,
SURREY,
CRO 9 DP
 UNITED KINGDOM.
                                                                  VERSES

DEFENDANTS:
THE EUROPEAN UNION MEMBER STATES:
DEPARTMENT OF EXTERNAL AFFAIRS OF EUROPEAN UNION
1046 BRUSSELS 
BELIGIUM

 

THE GREAT BRITAIN
FRANCE, GERMANY, BELGIUM AND
 23 OTHER STATES OF EUROPEAN UNION (EU).

PREPARED BY (MAIN LAWYER)
DANN MWANGI
NAIROBI
KENYA. 

 

Dr. David Nyekorach Matsanga is a legal person/ Professional/ taxpayer/permanent resident (addresses indicated on page 1) in the European Union and his application is founded on Article 44 (5) of the Rule of Procedure of the General Court. Herein are attached documents on this issue, pursuant to Article 5(a) of the Rules.

In respect of Article 5 (b) of the Rules………………..has been properly granted the authority by the Applicant to act on his behalf on this matter.

 

  • SUBJECT MATTER

This application is founded on the fact that many development partners, not limited to, but including the European Union and a majority of its members, the World Bank, the United Nations and individual countries such as Norway, the USA, Australia, Switzerland and New Zealand, have imposed economic sanctions to the people of the great country of Zimbabwe. This is contained in Annex I.

The economic sanctions against Zimbabwe are illegal, immoral and unjustified in a progressive world order as they continue to inflict untold suffering to Zimbabwe.

As stated above, the sanctions continue to pose a great humanitarian crisis to the good people of the great country of Zimbabwe. In addition, the sanctions are a serious and blatant violation of the human rights of the Zimbabwe citizens. They have inflicted unnecessary, unjustified and great harm due to direct and indirect deaths caused by these sanctions. Above all, the sanctions are politically motivated, founded on selfish and sectarian regional interests and thus if allowed to continue, they will cripple the government and/or make the country slide into squalor.

  • These sanctions include and not limited to:
  • Prohibitions on arms sales to the government of Zimbabwe and its subsidiaries.
  • Restrictions and bans on visas for members or supporters of the Mugabe regime, including senior management officials of specified state-owned companies, to travel countries that have imposed restrictive measures. The European council decision Council 2005/592 of 29 July 2005 implementing Commission Regulation No 2004/161/CFSP updated the list of Zimbabweans subject to a travel ban and assets freeze in response to the continuation of Operation "Restore Order". The full list of the affected people including President Mugabe who remain under sanctions is annexed at the end of this document.
  • Restrictions on financial transactions involving specified individuals and entities; and
  • Freezing of assets of targeted individuals and entities.
  • The Commonwealth suspended Zimbabwe from council meetings for 1 year after its election observer team alleged that the 2002 election was neither free nor fair.
  •  

    In respect to Article 24 (1) and Article 44(1) e, I have attached all the detailed sanctions. (Appendix ii).

    • Their effects include and not limited to:
    • The existing restrictive measures have managed to restrict the ability of the government, the major player in the Zimbabwean economy, and many other developing and underdeveloped economies, to access international credit and grants. Further, owing to the size of the US vote and influence in these institutions, neither the IMF, World Bank nor the African Development Bank will lend to Zimbabwe, or offer it credit facilities. Therefore as a result of the US 2001 Act, Zimbabwe’s relationship with these multilateral lending agencies was immediately and severely affected.
    • Restrictive measures and the withdrawal of bilateral support, alongside the country’s political instability attributable to Zanu-PF and MDC, have made Zimbabwe a high-risk business environment. In this regard, Zimbabwe has attracted high-risk premium on offshore lines of credit, and this often scares away creditors. As a result of the perceived risk premium, the few private Companies and public enterprises that have managed to secure offshore funds have done so at high interest rates and international investors are reluctant to invest in the country.
    • The travel ban has undoubtedly inconvenienced individuals within Zanu-PF in the sense that they cannot transact their official duties and obligations with ease. This makes governance of the country difficult and untenable.
    • With the breakdown of the economy due to lack of foreign investors and dollarization of the market, the country cannot afford proper health care, quality education and progressive development. In return, millions of innocent people have continued to die out of HIV/AIDs and the scourge of Malaria as the citizens cannot afford access to basic health care. Additionally, millions of young people remain jobless and are predisposed to hopelessness and wallowing in a miasma of despair.
    • These restrictions also stifle democracy as the citizens are made to believe that certain individuals within the ZANU-PF are unfit to hold office and this is not the case. This is more so because the sanctions are never done in an impartial and open manner but rather politically.

     

     

    Effects of Sanctions on the People of Zimbabwe- A summary by the Governor of the Reserve Bank of Zimbabwe before, Gideon Gono)

    The sanctions have had adverse social and economic effects on the Zimbabwean economy’s key sectors. The shortage of foreign currency resulted in the country accumulating external payment arrears.


    Balance of payments
    Zimbabwe’s balance of payments position has deteriorated significantly since 2000 from the combined effects of inadequate export performance and reduced capital inflows. The foreign exchange reserves declined as a result, from US$830 million representing three months import cover in 1996 to less than one month’s cover by 2006.


    The foreign exchange shortages severely constrained the country’s capacity to meet foreign payment obligations and finance critical imports such as drugs, grain, raw materials, fuel and electricity.


    There has been a significant build up in external payments arrears. Total foreign payments arrears increased from US$109 million at the end of 1999 to US$2, 5 billion by the end of 2006. The worsening of the country’s creditworthiness and its risk profile has led to the drying up of sources of external finance.


    The withdrawal of the multilateral financial institutions from providing balance of payments support to Zimbabwe has also had an effect on some bilateral creditors and donors who have followed suit by either scaling down or suspending disbursements on existing loans to the government and international companies in Zimbabwe.


    Prior to these developments, Zimbabwe had an impeccable record of prompt debt servicing and was highly rated in the international financial markets.


    The capital account, traditionally a surplus account, has been in deficit since 2000. As such, international investors prefer other countries for investment, thus depriving Zimbabwe of much-needed foreign direct investment.


    Sanctions have also affected the image of the country through negative perceptions by the international community. Zimbabwean companies are thus finding it extremely difficult to access lines of credit. As a result, our companies have to pay cash for imports.


    Also as a result of the risk premium, the country’s private companies have been securing offshore funds at prohibitive interest rates. This has had a ripple effect on employment levels and low capacity utilisation as reflected by shortages of basic goods and services.


    Declining export performance has also adversely affected the standards of living for the general populace, and because of the deteriorating economic conditions, the country has experienced large-scale emigration, especially of skilled labour, thus further straining the economy.


    The sanctions have adversely impacted on foreign direct investment (FDI) to Zimbabwe. Investors are shying away and FDI inflows have collapsed from US$444, 3 million in 1998 to US$50 million in 2006.


    In addition, Anglo-American companies have been discouraged from investing in Zimbabwe by their home governments. This has adversely affected investment levels into the country, thus accentuating the foreign exchange shortages leading to further shortages of fuel and imported raw materials.


    The shortage of fuel has had a debilitating impact on all sectors of the economy, leading to a continuous decline in economic activity. This has generated additional inflationary pressures and speculative behaviour in the economy.
    Danida supported Zimbabwe’s agricultural sector program in 1998 to the tune of US$15, 4 million. The Danish programme was suspended and the economy thus lost an opportunity to enhance food security.


    The education sector support programme was established in 1996 and was funded to the tune of US$13, 9 million by the Swedish government. The project facilitated the supply of textbooks, special education needs and construction of school buildings.


    The Swedish government did not fund any new programs in the education sector after 2000 and our universities cannot access computers and related accessories from American IT companies. The sanctions imposed by the West have thus spilled over to the country’s institutions of higher learning.


    Through this enactment Zimbabwe’s access to finance and credit facilities was effectively incinerated.
    Transport sector
    Zimbabwe used to have a transport sector support programme of US$48 million, started in April 2000, and funded by Danida. Had this program been undertaken to completion, it could have created employment opportunities and enhanced trade through efficient movement of commodities within the country and the region.


    In addition, a labour-based roads and rehabilitation works program, established in October 1995, and funded by the Swedish government to the tune US$15,1 million, was aimed at rehabilitating 116 km of roads as well as training indigenous small-scale road contractors. This was meant to enhance entrepreneurial skills and capacity building for the rural population.
    However, no new program has been put in place because of Sweden’s suspension of cooperation with Zimbabwe.


    Health sector
    Danida has also suspended the US$29, 7 million health sector support program established in May 2000 as a result of the land reform programme. Zimbabwe’s grant application for funding for its HIV and Aids program to the Global Fund for Aids was also rejected on political grounds.


    Three-quarters of the equipment in hospitals in the capital, Harare, are not functional and this has had serious repercussions on the ordinary people. In the backdrop of an already overburdened health delivery system, many Zimbabweans are now finding it difficult to access affordable health facilities and drugs, particularly anti-retroviral for HIV and Aids patients.


    The City of Harare’s health department immensely benefited from the various joint research projects with international stakeholders. These projects have since been terminated. The department used to benefit from such projects, as after their completion, it took over the equipment used for the research projects.


    The sanctions have also indirectly resulted in the relocation of the World Health Organization’s regional offices to Congo Brazzaville, accompanied by retrenchment of Zimbabweans formerly employed by the WHO.


    Regional cooperation
    Sanctions are affecting the smooth running of regional groupings such as Sadc and Comesa. The European Union, through the European Fund, compensates Comesa member-states for revenue losses suffered under the tariff phase-down exercise under specific conditions which take into account macroeconomic policies and governance issues.


    Zimbabwe has not benefited from the fund and this could affect, in the long-term, its tariff reduction process in line with other countries in Comesa, thereby undermining regional integration initiatives.


    In 2000, the US enacted a new law called the African Growth and Opportunity Act (Agoa), which offers tangible incentives for African countries to open their economies build free markets and embrace political pluralism.


    Those countries that adopt free market principles and are perceived to adhere to the rule of law and respect human rights are, therefore, eligible under Agoa to export a wide range of goods to the US duty-free.


    In a single year, Agoa led to an increase in exports from Africa to the US by more than 1 000%, generating nearly US$1 billion in investment and creating thousands of jobs. This increase in trade included a diverse list of products, among them apparel, cut flowers and processed agricultural goods.


    Thirty-seven African countries have met the Agoa criteria and are eligible for the trade incentives. Zimbabwe does not enjoy any preferential trade under Agoa because of the sanctions imposed on it by the US.


    It is, therefore, evident from the above that sanctions imposed on Zimbabwe have adversely affected vulnerable groups and the economy in general. Significant progress that the country had made in the development of infrastructure, health and social service delivery systems has been severely affected by the imposition of sanctions.


    The protracted foreign currency shortages that the country has been facing since 2000 have crippled the operations of industry, which heavily rely on imported inputs for their daily operations.


    Decline in the key sectors of the economy have occasioned high unemployment, an inefficient health delivery system, reduction in FDI and the drying up of balance of payments support. On the whole, sanctions are partly responsible for the decline in economic activity over the last seven years. — Africa Business.
    Famine-ravished Zimbabwe country through an economic sanctions regime.

     

    In respect to Article 24 (1) and Article 44(1) e, I have attached all the detailed sanctions. (Appendix iii)……………………….

    • It is my considered opinion that these sanctions are illegal, made in bad taste and faith as they were imposed due frivolous and political reasons. This is because:
    • Constitution of Zimbabwe Amendment (No. 16) Act, 2000- Principal effect was to make Britain responsible for establishing a fund to pay compensation for agricultural land compulsorily acquired for resettlement and at the same time to relieve the Zimbabwe government of any obligation to pay such compensation. Even where compensation for land was payable, there was no requirement that it should be "fair" or "adequate" or represent the market value of the land.
    •  Constitution of Zimbabwe Amendment (No. 17) Act, 2005 - Effectively vested ownership of agricultural land, compulsorily acquired for resettlement purposed in the land reform program, in the state. It prevented the courts from challenging any such acquisition.
    • Constitution of Zimbabwe Amendment (No. 18) Act, 2007, Allows the President to choose a successor if he retires mid-term by empowering parliament, which is dominated by his party, to vote for a president.

     

    • Summary of the Pleas in law on which the Application is based:

    This application is grounded on the following contraventions of the international law as required by Article 44 (c) of the Rules.

    • The freezing of assets of the targeted individuals and entities is a serious violation of the provisions of International Covenant on Civil and Political Rights (ICCPR)  and The International Covenant on Economic and Social Rights (ICESR) which provide that all peoples have the right of self-determination and that by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. The freezing of assets has infringed on the rights of Zimbabweans to freely dispose of their property whereas this right is guaranteed under the ICCPR which clearly stipulates  that all peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law and that In no case may a people be deprived of its own means of subsistence. The right to freely dispose of one’s wealth and natural resources is also guaranteed under the African charter on peoples rights and the freezing of assets in foreign countries infringes on this right.The sanctions are contrary to the provisions of the European Charter on Human Rights which   provide that every natural or legal person is entitled to the peaceful enjoyment of his possessions and no one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. In this respect, no principles of public international law allows unlawful sanctions on peoples properties.

     

    • The travel and visa ban imposed mainly on members of the ZANU-PF and those allied to the Mugabe regime go against the provisions of the African charter on human rights  which states that every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law and further that every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality and the affected persons have not commited any act or ommision which threatens national security,law and order,public health or morality which warrants such treatment.
    • The sanctions and visa and travel bans imposed on  specific ZANU-PF  have inturn made them to be viewed as corrupt hence  undermining their rights to indepedently participate freely in political decision making in their various capacities   an act which is not allowed under the United Nations charter  which provides that all members shall refrain in their international relations from the threat or use of force against the integrity or political independence of any state or in any other manner inconsistent with the purposes of the United Nations. The sanction imposed on Zimbabwe undermines the integrity and political independence of Zimbabwe especially their independence to internally decide upon their matters without external interference.
    • The sanctions imposed on members of ZANU-PF and officials working for the Mugabe regime is a punishment for their involvement with the Mugabe government which is targeted by the sanctions and this is a violation of their rights to participate freely in the government of their country, either directly or through freely chosen representatives in accordance with the provisions of the law.
    • In addition, the sanctions against ZANU-PF are aimed at bringing unjust regime and thus are not made in the best interest of democracy or peoples will. By doing so, the Western powers continue to disregard key regional bodies such as the African Union.This does not accelerate the political and socio-economic integration of the continent as envisaged by the African Union.
    • The sanctions have caused a breakdown of the economy due to lack of foreign investors and dollarization of the market leading to lack of affordable  proper health care, quality education, joblessness and  millions of innocent people have continued to die out of HIV/AIDs and  Malaria. This has led to the infringement of basic human rights as provided under the African charter on Human rights on education and the right to access to public property and services in strict equality of all persons before the law.
    • Generally the sanctions imposed on Zimbabwe go against the spirit of the Constitutive Act of the  African Union  whose objective is to  promote and protect human and peoples' rights in accordance with the African Charter on Human and Peoples' Rights and other relevant human rights instruments by continuing to directly and indirectly undermine those rights.

     

    • Orders Sought

    In cognizant of the fact that this General Court has jurisdiction in the first instance to hear this matter, we seek the following orders:

    • That the General Court declares all forms of economic sanctions perpetuated by the Defendants against Zimbabwe illegal under the General laws, principles and customs of international law.
    •  We pray and seek an injunction that all forms of economic sanctions be stopped with immediate effect and with no conditions therein.
    • That all travel bans imposed of the Zimbabwe people be annulled.
    • That all the Defendants compensate Zimbabwe for the economic loss and related incidentals caused by all the institutions and Members of the European Union in the background of the economic sanctions.
    • That the General Court grants me the right to appeal to the Court of Justice should any institution or member state of the EU refuse to abide by ay declaration of the court on termination of economic sanctions against Zimbabwe.

     

    Annex 1.

    The List of People who have been sanctioned

    The European council decision Council 2005/592 of 29 July 2005 implementing Commission Regulation No 2004/161/CFSP updated the list of Zimbabweans subject to a travel ban and assets freeze in response to the continuation of Operation "Restore Order". The full list of the affected people including President Mugabe who remain under sanctions is as follows:

    1. Mugabe, Robert Gabriel
    President
    2. Bonyongwe, Happyton
    Director-General Central Intelligence Organization
    3. Buka (a.k.a Bhuka), Flora
    Minister for Special Affairs responsible for Land and Resettlement Programmes (Former Minister of State in the Vice-President's Office and former Minister of State for the Land Reform Program in the President's Office)
    4. Chapfika, David
    Deputy Minister of Finance (former Deputy Minister of Finance and Economic Development)

    5. Charamba, George
    Permanent Secretary Department for Information and Publicity
    6. Charumbira, Fortune Zefanaya
    Former Deputy Minister for Local Government, Public Works and National Housing
    7. Chigudu, Tinaye
    Provincial Governor: Manicaland
    8. Chigwedere, Aeneas Soko
    Minister of Education, Sports and Culture
    9. Chihota, Phineas
    Deputy Minister for Industry and International Trade
    10. Chihuri, Augustine
    Police Commissioner
    11. Chimbudzi, Alice
    ZANU (PF) Politburo Committee Member
    12. Chimutengwende, Chen
    Minister of State for Public and Interactive Affairs (former     Minister of Post and Telecommunications)
    13. Chinamasa, Patrick Anthony
    Minister of Justice, Legal and Parliamentary Affairs
    14. Chindori-Chininga, Edward Takaruza
    Former Minister of Mines and Mining Development
    15. Chipanga, Tongesai Shadreck
    Former Deputy Minister of Home Affairs)
    16. Chitepo, Victoria
    ZANU (PF) Politburo Committee Member
    17. Chiwenga, Constantine
    Commander Zimbabwe Defence Forces, General (former Army Commander, Lieutenant General)
    18. Chiweshe, George
    Chairman, ZEC (Supreme Court Judge and Chairman of the controversial delimitation committee)
    19. Chiwewe, Willard
    Provincial Govenor: Masvingo (former Senior Secretary responsible for Special Affairs in the President's Office)
    20. Chombo, Ignatius Morgan Chininya
    Minister of Local Government, Public Works and National Housing
    21. Dabengwa, Dumiso
    ZANU (PF) Politburo Senior committee Member
    22. Damasane, Abigail
    Deputy Minister for Women's Affairs Gender and Community Development
    23. Goche, Nicholas Tasunungurwa
    Minister of Public Service, Labour and Social Welfare (former Minister of State for National Security in the President's Office)
    24. Gombe, G
    Chairman, Electoral Supervisory Commission
    25. Gula-Ndebele, Sobuza
    Former Chairman of Electoral Supervisory Commission
    26. Gumbo, Rugare Eleck Ngidi
    Minister of Economic Development (former Minister of State for State Enterprises and Parastatals in the President's Office)
    27. Hove, Richard
    ZANU (PF) Politburo Secretary for Economic Affairs
    28. Hungwe, Josaya (a.k.a Josiah) Dunira
    Former Provincial Governor: Masvingo
    29. Jokonya, Tichaona
    Minister of Information and Publicity
    30. Kangai, Kumbirai
    ZANU (PF) Politburo Committee Member
    31. Karimanzira, David Ishemunyoro Godi
    Provincial Govenor: Harare and ZANU (PF) Politburo Secretary for Finance
    32. Kasukuwere, Saviour
    Deputy Minister for Youth Development & Employment Creation and ZANU (PF) Politburo Deputy-Secretary for Youth Affairs
    33. Kaukonde, Ray
    Provincial Governor: Mashonaland East
    34. Kuruneri, Chrisopher Tichaona
    Former Minister of Finance and Economic development
    NB currently in remand
    35. Langa, Andrew
    Deputy Minister of Environment and Tourism and former Deputy Minister of Transport and Communications
    36. Lesabe, Thenjiwe V.
    ZANU (PF) Politburo Secretary for Women's Affairs
    37. Machaya, Jason (a.k.a Jaison) Max Kokerai
    Former Deputy Minister of Mines and Mining Development
    38. Made, Joseph Mtakwese
    Minister of Agriculture and Rural Development (former Minister of Lands, Agricultural and Rural Resettlement)
    39. Madzongwe, Edna (a.k.a. Edina)
    ZANU (PF) Politburo Deputy Secretary for Production and Labour
    40. Mahofa, Shuvai Ben
    Former Deputy Minister for Youth Development, Gender and Employment Creation
    41. Mahoso, Tafataona
    Chair, Media Information Commission
    42. Makoni, Simbarashe
    ZANU (PF) Politburo Deputy Secretary General for Economic Affairs (former Minister of Finance)
    43. Malinga, Joshua
    ZANU (PF) Politburo Deputy Secretary for Disabled and Disadvantaged
    44. Mangwana, Paul Munyaradzi
    Minister of State (former Minister of Public Service, Labour and Social Welfare)
    45. Manyika, Elliot Tapfumanei
    Minister without Portfolio (former Minister of Youth Development, Gender and Employment Creation)
    46. Manyonda, Kenneth Vhundukai
    Former Deputy Minister of Industry and International Trade
    47. Marumahoko, Rueben
    Deputy Minister for Home Affairs (former Deputy Minister of Energy and Power Development)
    48. Masawi, Ephrahim Sango
    Provincial Governor: Mashonaland Central
    49. Masuku, Angeline
    Provincial Governor: Matabeleland South (ZANU (PF) Politburo Secretary for Disabled and Disadvantaged)
    50. Mathema, Cain
    Provincial Governor: Bulawayo
    51. Mathuthu, Thokozile
    Provincial Governor: Matabeleland North and ZANU (PF) Politburo Deputy Secretary for Transport and Social Welfare
    52. Matiza, Joel Biggie
    Deputy Minister for Rural Housing and Social Amenities
    53. Matonga, Brighton
    Deputy Minister for Information and Publicity
    54. Matshalaga, Obert
    Deputy Minister of Foreign Affairs
    55. Midzi, Amos Bernard (Mugenva)
    Minister of Mines and Mining Development (former Minister of Energy and Power Development)
    56. Mnangagwa, Emmerson Dambudzo
    Minister of Rural Housing and Social Amenities (former Speaker of Parliament)
    57. Mohadi, Kembo Campbell Dugishi
    Minister of Home Affairs (former Deputy Minister of Local Government, Public Works and National Housing)
    58. Moyo, Jonathan
    Former Minister of State for Information and Publicity in the President's Office
    59. Moyo, July Gabarari
    Former Minister of Energy and Power Development (former Minister of Public Service, Labour and Social Welfare)
    60. Moyo, Simon Khaya
    ZANU (PF) Politburo Deputy Secretary for Legal Affairs Ambassador to South Africa
    61. Mpofu, Obert Moses
    Minister for Industry and International Trade (Former Provincial Governor: Matabeleland North) (ZANU (PF) Politburo Deputy Secretary for National Security)

    62. Msika, Joseph W.
    Vice-President
    63. Msipa, Cephas George
    Provincial Govenor: Midlands
    64. Muchena, Olivia Nyembesi (a.k.a. Nyembezi)
    Minister of State for Science and Technology in the President's Office (former Minister of State in Vice-Presidents Msika's Office)
    65. Muchinguri, Oppah Chamu Zvipange
    Minister for Women's Affairs, Gender and Community Development ZANU (PF) Politburo Secretary for Gender and Culture
    66. Mudede, Tobaiwa (Tonneth)
    Registrar General
    67. Mudenge, Isack Stanilaus Gorerazvo
    Minister of Higher Tertiary Education (former Minister of Foreign Affairs)
    68. Mugabe, Grace
    Spouse of Robert Gabriel Mugabe
    69. Mugabe, Sabina
    ZANU (PF) Politburo Senior Committee Member
    70. Muguti, Edwin
    Deputy Minister for Health and Child Welfare

    71. Mujuru, Joyce Teurai Ropa
    Vice President (former Minister of Water Resources and Infrastructural Development)
    72. Mujuru, Solomon T.R.
    ZANU (PF) Politburo Senior Committee member
    73. Mumbengegwi, Samuel Creighton
    Former Minister of Industry and International Trade
    74. Mumbengegwi, Simbarashe
    Minister of Foreign Affairs
    75. Murerwa, Herbert Muchemwa
    Minister of Finance (former Minister of Higher and Tertiary Education
    76. Mushohwe, Christopher Chindoti
    Minister of Transport and Communications (former Deputy Minister of Transport and Communications
    77. Mutasa, Didymus Noel Edwin
    Minister for National Security (former Minister of Special Affairs in the President's Office in charge of the Anti-corruption Anti-Monopolies Programme and former ZANU (PF) Politburo Secretary for External Relations)
    78. Mutezo, Munacho
    Minister for Water Resources and Infrastructural Development

    79. Mutinhiri, Ambro (a.k.a. Ambrose)
    Minister of Youth Development, Gender and Employment Creation, Retired Brigadier
    80. Mutiwekuziva, Kenneth Kaparadza
    Deputy Minister of Small and Medium Enterprises Development and Employment Creation, (former Deputy Minister of Small and Medium Enterprises Development)
    81. Muzenda, Tsitsi V.
    ZANU (PF) Politburo Senior Committee Member
    82. Muzonzini, Elisha
    Brigadier (former Director-General Central Intelligence Organization)
    83. Ncube, Abedinico
    Deputy Minister of Public Service, Labour and Social Welfare (former Deputy Minister of Foreign Affairs)
    84. Ndlovu, Naison K.
    ZANU (PF) Politburo Secretary for Production and Labour
    85. Ndlovu, Richard
    ZANU (PF) Politburo Deputy Commissariat
    86. Ndlovu, Sikhanyiso
    ZANU (PF) Politburo Deputy Secretary for commissariat
    87. Nguni, Sylvester
    Deputy Minister for Agriculture
    88. Nhema, Francis
    Minister of Environment and Tourism
    89. Nkomo, John Landa
    Speaker of Parliament (former Minister of Special Affairs in the President's Office)
    90. Nyambuya, Michael Reuben
    Minister for Energy and Power Development (former Lieutenant General, Provincial Governor: Manicaland)
    91. Nyanhongo, Magadzire Hubert
    Deputy Minister of Transport and Communications
    92. Nyathi, George
    ZANU (PF) Politburo Deputy Secretary of Science and Technology
    93. Nyoni, Sithembiso Gile Glad
    Minister of Small and Medium Enterprises Development and Employment Creation (former Minister of Small and Medium Enterprises Development)
    94. Parirenyatwa, David Pagwese
    Minister of Health and Child Welfare (former Deputy Minister) ZANU (PF) Politburo Deputy Secretary for Finance
    95. Patel, Khantibhal
    ZANU (PF) Politburo Deputy Secretary for Finance
    96. Pote, Selina M.
    ZANU (PF) Politburo Deputy Secretary for Gender and Culture

    97. Rusere, Tino
    Deputy Minister for Mines and Mining Development (former Deputy Minister for Water Resources and Infrastructural Development)
    98. Sakabuya, Morris
    Deputy Minister for Local Government, Public Works and Urban Development
    99. Sakupwanya, Stanley
    ZANU (PF) Politburo Secretary for Health and Child Welfare
    100. Samkange, Nelson Tapera Crispen
    Provincial Governor: Mashonaland West
    101. Sandi or Sachi, E. (?)
    ZANU (PF) Politburo Deputy Secretary for Women's Affairs
    102. Savanhu, Tendai
    ZANU (PF) Deputy Secretary for Transport and Social Welfare
    103. Sekeramayi, Sydney (a.k.a. Sidney) Tigere
    Minister of Defence
    104. Sekeremayi, Lovemore
    Chief Elections Officer
    105. Shamu, Webster
    Minister of State for Policy Implementation (former Minister of State for Policy Implementation in the President's Office)
    106. Shamuyarira, Nathan Marwirakuwa
    ZANU (PF) Politburo Secretary for Information and Publicity
    107. Shiri, Perence
    Air Marshal (Air Force)
    108. Shumba, Isaiah Masvayamwando
    Deputy Minister of Education, Sports and Culture
    109. Sibanda, Jabulani
    Former Chair, National War Veterans Association
    110. Sibanda, Misheck Julius Mpande
    Cabinet Secretary (successor to No. 93 Charles Utete)
    111. Sibanda, Phillip Valerio (a.k.a. Valentine)
    Commander Zimbabwe National Army, Lieutenant General
    112. Sikosana, Absolom
    ZANU (PF) Politburo Secretary for Youth Affairs
    113. Stamps, Timothy
    Health Advisor in the Office of the President
    114. Tawengwa, Solomon Chirume
    ZANU (PF) Politburo Deputy Secretary for Finance
    115. Tungamirai, Josiah T.
    Minister of State for Indigenization and Empowerment, Retired Air Marshall (former ZANU (PF) Politburo Secretary for Empowerment and Indigenisation)
    116. Udenge, Samuel
    Deputy Minister of Economic Development
    117. Utete, Charles
    Chairman of the Presidential Land Review Committee (former Cabinet Secretary)
    118. Zimonte, Paradzai
    Prisons Director
    119. Zhuwao, Patrick
    Deputy Minister for Science and Technology (NB Mugabe's nephew)
    120. Zvinavashe, Vitalis
    Retired General (former Chief of Defence Staff) Makwavarara, Sekesai; Acting Mayor of Harare,
    121. Veterai, Edmore;
    Senior Assistant Police Commissioner, Officer Commanding Harare,
    122. Musariri, Munyaradzi;
    Assistant Police Commissioner, Responsible for Operations,
    123. Bvudzijena, Wayne;
    Assistant Police Commissioner, Police Spokesman
    124. Mbiriri, Partson;
    Permanent Secretary, Ministry of Local Government, Public Works and Urban Development.
    125. Matshiya, Melusi (Mike);
    Permanent Secretary, Ministry of Home Affairs.

     

     

    New additions to the US sanctions list were made on the OFAC’s (office of foreign assets control) SDN list as from January 1, 2005;

    • CHAPFIKA, Abina, Spouse of David Chapfika; DOB 23 Aug 1961; Passport ZE190297 (Zimbabwe) (individual)
    • CHAPFIKA, David, Deputy Minister of Finance; DOB 7 Apr 1957; Passport ZL037165 (Zimbabwe) (individual)
    • CHARAMBA, Rudo Grace, Spouse of George Charamba; DOB 20 Jun 1964 (individual)
    • CHIGUDU, Tinaye Elisha Nzirasha, Manicaland Provincial Governor; DOB 13 Aug 1942; Passport AD000013 (Zimbabwe) (individual)
    • CHIHOTA, Phineas, Deputy Minister of Industry and International Trade; DOB 23 Nov 1950 (individual)
    • CHIMUTENGWENDE, Chenhamo Chakezha Chen, Minister of State for Public and Interactive Affairs; DOB 28 Aug 1943; Passport ZD001423 (Zimbabwe); alt. Passport AN288614 (Zimbabwe) (individual)
    • CHINAMASA, Gamuchirai, Child of Patrick Chinamasa; 2 Honeybear Lane, Borrowdale, Zimbabwe; DOB 11 Nov 1991; Passport AN634603 (Zimbabwe) (individual)
    • CHINAMASA, Monica, Spouse of Patrick Chinamasa; 6B Honeybear Lane, Borrowdale, Zimbabwe; DOB circa 1950 (individual)
    • CHITEPO, Victoria, Politburo; DOB 27 Mar 1928 (individual)
    • CHIWENGA, Jocelyn Mauchaza, Spouse of Constantine Chiwenga; DOB 19 May 1955; Passport AN061550 (Zimbabwe) (individual)
    • CHIWESHE, George, Chairman of Zimbabwe Electoral Commission; DOB 4 Jun 1953 (individual)
    • CHOMBO, Ever, Spouse of Ignatius Chombo; No. 38, 39th Crescent, Warrenton Park, Harare, Zimbabwe; DOB 20 Sep 1956; Passport AN845280 (Zimbabwe) (individual)
    • CHOMBO, Marian, Spouse of Ignatius Chombo; 45 Basset Crescent, Alexandra Park, Zimbabwe; DOB 11 Aug 1960; Passport AD000896 (Zimbabwe) (individual)
    • DABENGWA, Ijeoma, Child of Dumiso Dabengwa; DOB 27 Oct 1971; Passport AN032426 (Zimbabwe) (individual)
    • DAMASANE, Abigail, Deputy Minister for Women's Affairs, Gender and Community Development; DOB 27 May 1952 (individual)
    • GAMBE, Theophilus Pharaoh, Chairman, Electoral Supervisory Commission; DOB 20 Jun 1959; Passport ZA567403 (Zimbabwe) (individual)
    • GONO, Gideon, Governor of the Reserve Bank of Zimbabwe; DOB 29 Nov 1959; Passport AD000854 (Zimbabwe) (individual)
    • GONO, Hellin Mushanyuri, Spouse of Gideon Gono; DOB 6 May 1962; Passport AN548299 (Zimbabwe) (individual)
    • JOKONYA, Tichaona Joseph Benjamin, Minister of Information and Publicity; Samaita Mutasa Farm, Beatrice, Zimbabwe; DOB 27 Dec 1938; Passport ZD002261 (Zimbabwe); alt. Passport D001289 (Zimbabwe); alt. Passport AD000797 
    • KANGAI, Kumbirai, Politburo Deputy Secretary for External Relations; DOB 17 Feb 1938 (individual)
    • KAUKONDE, Ray Joseph, Mashonaland East Provincial Governor; Private Bag 7706, Causeway, Harare, Zimbabwe; DOB 4 Mar 1963 (individual)
    • LANGA, Andrew, Deputy Minister of Environment and Tourism; DOB 13 Jan 1965 (individual)
    • MANDIZHA, Barbara, Deputy Police Commissioner; DOB 24 Oct 1959 (individual)
    • MATANGA, Godwin, Deputy Police Commissioner; DOB 5 Feb 1962; Passport ZL042663 (Zimbabwe) (individual)
    • MATHEMA, Cain, Bulawayo Provincial Governor; DOB 28 Jan 1948 (individual)
    • MATIBIRI, Innocent Tonderai, Deputy Police Commissioner; DOB 9 Oct 1968 (individual)
    • MATIZA, Biggie Joel, Deputy Minister of Rural Housing and Social Amenities; DOB 17 Aug 1960; Passport ZA557399 (Zimbabwe) (individual)
    • MATONGA, Bright, Deputy Minister of Information and Publicity; DOB circa 1969 (individual)
    • MATSHALAGA, Obert, Deputy Minister of Foreign Affairs; DOB 21 Apr 1951 (individual)
    • MSIPA, Cephas George, Midlands Provincial Governor; DOB 7 Jul 1931; Passport ZD001500 (Zimbabwe) (individual)
    • MSIPA, Sharlottie, Spouse of Cephas Msipa; DOB 6 May 1936; Passport ZL008055 (Zimbabwe) (individual)
    • MUCHINGURI, Natasha, Child of Oppah Muchinguri; 2 Tender Road, Highlands, Harare, Zimbabwe; DOB circa 1994 (individual)
    • MUCHINGURI, Tanya, Child of Oppah Muchinguri; 2 Tender Road, Highlands, Harare, Zimbabwe; DOB circa 1989 (individual)
    • MUGUTI, Edwin, Deputy Minister of Health and Child Welfare; 7 Tay Road, Vainona, Borrowdale, Zimbabwe; DOB 2 May 1964; Passport AN775556 (Zimbabwe) (individual)
    • MURERWA, Ruth Chipo, Spouse of Herbert Murerwa; 321 Ard-Na-Lea Close, Glen Lorne, Chisipite, Zimbabwe; DOB 27 Jul 1947; Passport AD001244 (Zimbabwe) expires 19 Aug 2009 (individual)
    • MUTEZO, Munacho Thomas Alvar, Minister of Water Resources and Infrastructural
    • Development; 950 Sugarloaf Hill, Glen Lorne, Zimbabwe; DOB 14 Feb 1954; Passport AN187189 (Zimbabwe) expires 5 Dec 2010 (individual)
    • MUTINHIRI, Ambrose, Minister of Youth Development and Employment Creation; DOB 22 Feb 1944; Passport AD000969 (Zimbabwe) (individual)
    • NDLOVU, Richard, Politburo Deputy Commissariat; DOB 26 Jun 1942 (individual)
    • NDLOVU, Rose Jaele, Spouse of Sikhanyiso Ndlovu; DOB 27 Sep 1939; Passport AD000813 (Zimbabwe) (individual)
    • NGUNI, Sylvester Robert, Deputy Minister of Agriculture; DOB 4 May 1955; Passport ZE215371 (Zimbabwe) (individual)
    • NHEMA, Louise Sehulle (a.k.a. NKOMO, Louise S.); Spouse of Francis Nhema; 3 Farthinghill Road, Borrowdale, Harare, Zimbabwe; DOB 25 Aug 1964; Passport ZE151361 (Zimbabwe) (individual)
    • NKOMO, Georgina Ngwenya, Spouse of John Nkomo; 59 Muchbimding Road, Worringham, Bulawayo, Zimbabwe; DOB 4 Aug 1966 (individual)
    • NKOMO, Louise S. (a.k.a. NHEMA, Louise Sehulle); Spouse of Francis Nhema; 3
    • Farthinghill Road, Borrowdale, Harare, Zimbabwe; DOB 25 Aug 1964; Passport ZE151361 (Zimbabwe) (individual)
    • NYAMBUYA, Michael Rueben, Minister of Energy and Power Development; DOB 23 Jul 1955; Passport AN045019 (Zimbabwe) (individual)
    • NYONI, Peter Baka, Spouse of Sithembiso Nyoni; DOB 10 Jan 1950; Passport ZD002188 (Zimbabwe) (individual)
    • PATEL, Khantibhal, Politburo Deputy Secretary for Finance; DOB 28 Oct 1928 (individual)
    • SAKABUYA, Morris, Deputy Minister of Local Government, Public Works, and Urban Development (individual)
    • SAVANHU, Tendai, Politburo Deputy Secretary of Transport and Social Welfare; DOB 21 Mar 1968 (individual)
    • SEKERAMAYI, Lovemore, Chief Elections Officer (individual)
    • SEKERAMAYI, Tsitsi Chihuri, Spouse of Sydney Sekeramayi; 31 Honey Bear Lane, Borrowdale, Harare, Zimbabwe; DOB circa 1944 (individual)
    • SHAMU, Webster Kotiwani, Minister of Policy Implementation; 1 Uplands Close, Highlands, Zimbabwe; DOB 6 Jun 1945; Passport AN203141 (Zimbabwe) expires 15 Jan 2011 (individual)
    • SIBANDA, Levy, Deputy Police Commissioner (individual)
    • ZHUWAO, Beauty Lily, Spouse of Patrick Zhuwao; DOB 10 Jan 1965; Passport AN353466 (Zimbabwe) (individual)
    • ZHUWAO, Patrick, Deputy Minister of Science and Technology; DOB 23 May 1967 (individual)

    The following farms have been added to OFAC’s (office of foreign assets and control) SDN list:

      • ALLAN GRANGE FARM, Chegutu, Zimbabwe
      • AUCHENBURG FARM, Nyamandlovu, Zimbabwe
      • BAMBOO CREEK FARM, Shamva, Zimbabwe
      • BOURNE FARM, Chegutu, Zimbabwe
      • CALGARY FARM, Mazowe, Zimbabwe
      • COLD COMFORT FARM TRUST COOPERATIVE,
        7 Cowie Road, Tynwald, Harare,
        Zimbabwe; P.O. Box 6996, Harare, Zimbabwe
      • CORBURN 13 FARM, Chegutu, Zimbabwe
      • DUIKER FLATS FARM, Zimbabwe
      • EIRIN FARM, Marondera, Zimbabwe
      • EYRIE FARM, Mashvingo, Zimbabwe
      • FOUNTAIN FARM, Insiza, Zimbabwe
      • GOWRIE FARM, Norton, Zimbabwe
      • HARMONY FARM, Mazowe, Zimbabwe
      • LOCHINVAR FARM, Mashvingo, Zimbabwe
      • LONGWOOD FARM, Zimbabwe
      • LOTHAIN FARM, Gutu, Zimbabwe
      • MARONDERA MAPLE LEAF FARM, Zimbabwe
      • NDLOVU MOTORWAYS, c/o Sam Nujoma
      • Street/Livingston Avenue, Harare, Zimbabwe
      • OLDHAM FARM, Chegutu, Zimbabwe
      • PIMENTO FARM, Mashonaland, Zimbabwe
      • R/E OF AUDREY FARM, Zimbabwe
      • R/E OF MLEMBWE FARM, Mlembwe, Zimbabwe
      • SPRING SP FARM, Mashvingo, Zimbabwe
      • SUBDIVISION 3 OF CALEDON FARM, Caledon, Zimbabwe
      • ULVA FARM, Marondera, Zimbabwe
      • UMGUZA BLOCK FARM, Umguza, Zimbabwe.

     

    Annex ii.
    Those who say that restrictive measures have worked believe that evidence lies within the public outcry from Mugabe and his associates. Travel bans have named-and-shamed individuals and entities that have engaged in egregious violations of human rights and have profited from such.


    The travel bans have inconvenienced individuals within Zanu-PF in the sense that they cannot pick and choose destinations as they did in the past. The refusal of visas to travel through Europe has been a major source of international embarrassment among some of the targeted leaders. This has been apparent in comments made by restricted individuals who have been denied visas or detained at European airports.


    Individuals with travel bans have been allowed to travel to forbidden destinations if their visit pertains to business under the Context of the GPA or GNU. Despite these convictions, restrictive measures suffer from key weaknesses. The foremost weakness of restrictive measures - including the arms embargo, targeted travel bans and targeted financial sanctions - remains the lack of international consensus surrounding their objectives and the uncoordinated lists of targeted individuals and entities.


    The lack of a comprehensive international arms embargo has undermined the restrictions currently in place.

    The bans have not been coordinated well within the international community. This policy discordance has undermined the credibility of the bans and raised questions as to the real motives of Western restrictive measures, particularly among African states. The USA and EU restrictive measures have incorporated almost all prominent Zanu-PF government and party officials, their personal businesses and parastatals. This style of broad targeting has weakened efforts to encourage reformist elements within Zanu-PF, as well as qualified personnel and resources Individuals against whom measures have been applied dubiously include former Minister of Health and Child Welfare Timothy Stamps. Stamps retired from government in 2002 and have been recognised as successfully leading the Ministry in the early 1980s and 1990s. A recent Institute for Security Studies report cites other questionable names, including journalists Judith Makwanya of Zimbabwe Broadcasting and Caesar Zvayi of The Herald. Charges against these individuals should be made public in order to legitimise the imposition of restrictions and dislodge false claims made by Zanu-PF.


    In addition, the scope of the travel bans have not been clearly defined. International law and protocol allows Heads of State to attend international meetings, regardless of travel restrictions. During the preparations for the 2003 EU-Africa Summit in Lisbon confusion and controversy arose among participating states over the participation of President Mugabe. African states heavily criticized the ban with South Africa threatening to boycott the Summit altogether if Mugabe was not allowed to attend. The Summit was postponed until December 2007 when Portugal decided to allow Mugabe to attend despite the EU-imposed travel ban; heavily undermining the credibility of the restrictions. This makes us view the bans as illegal in public international law.


    Despite the travel bans, Mugabe has travelled, but with encumbrances, to the UN in New York in 2002, to multiple Food and Agriculture Organization  (FAO) summits in Rome, including in November 2009, to the Vatican City for the funeral mass of Pope John Paul II in 2005 and to the UN climate talks in Copenhagen in 2009.

     In 2002, Police Chief Augustine Chihui travelled to Lyon for an Interpol meeting. Finally, former Finance Minister Herbert Murerwa and Reserve Bank Governor Gideon Gono travelled to Washington, DC in 2005 to attend a meeting with the IMF Executive Board.

    A significant number of individuals included in the travel ban had not frequently visited the countries that imposed these bans, which meant the bans were largely symbolic to them, although not meaningless to the democratic movement in Zimbabwe.

    Moreover, Australia and New Zealand are the only countries that have extended travel restrictions to adult children of Zanu-PF officials and their allies. This is a clear manifestation of ill motive as children and friends of the banned individuals should not be made to suffer.

    The logic behind targeted financial sanctions, which include freezing the assets of targeted individuals and entities, is to restrict their financial transactions and in the process reduce their economic muscle. The costs to such targets include not only the money and assets that have been frozen but also the opportunity cost associated with the measures. While the former is easily quantifiable by looking at the financial statistics, the opportunity costs arising from the prohibition are almost impossible to quantify. 
    Also acknowledged that it had been moving funds from well-known party firms to lesser-known shelf companies to secure its investments.

    To circumvent suspension from IFIs and decreased aid from the West, Zimbabwe sought closer ties in Asia. In a bid to counter the West’s restrictive measures, Zimbabwe embarked on a “Look East Policy” that has seen closer relations with China, Indonesia, India, Iran, Malaysia, North Korea and Singapore. China, in particular, with its no-strings-attached aid policies, seeks to “encourage and facilitate more Chinese companies to seek development in Zimbabwe.” China’s role in Zimbabwe is elusive; mainly because bilateral relations are largely confidential and closely maintained by Beijing and Harare. However, China has played a role in the Zimbabwean economy, despite the exodus of foreign capital. In 2008, China signed a US$42 million loan to support Zimbabwe’s farm mechanisation programme, and in 2009, Zimbabwe secured credit lines of US$950 million to support infrastructure projects and to purchase Chinese goods.


    In addition to Asian influence, numerous credit lines from SADC countries have been pledged to Zimbabwe, including US$70 million from Botswana in 2009 (not yet released), US$10 million from the African Development Bank Group (AfDB) and the Zambia National Commercial Bank in February 2010; US$50 million was pledged by Angola in 2010 and, as of May 2010, South Africa is negotiating a US$50 million line of credit. The African Export Import Bank (Afreximbank) is one of the few international financial institutions that continue to lend to Zimbabwe. Afreximbank approved lines of credit worth $US60 million in July 2009 and most recently for $US100 million in August 2010. These credit lines, while providing some assistance, only make a small dent in what Zimbabwe requires.


    Private commercial banks have circumvented restrictive measures by purchasing Zimbabwean treasury bills and government bonds. Three British firms, Barclays, Old Mutual and Standard Chartered Bank, have been accused of both directly and indirectly supporting Mugabe with US$1 billion. Barclays loaned £30 million to provide state-sponsored agricultural capacity to sustain Mugabe’s land reform. Order to remain in business within Zimbabwe, firms are required to comply with regulations of the RBZ; many of which have considerably harmed the Zimbabwean economy and remain a significant line of patronage for those committing egregious human rights violations. In 2009, the BBC uncovered an attempt by Vice President Joyce Mujuru to sell 3.7 tons of Congolese gold, with her daughter serving as an intermediary, to German-based (registered in the UK) Firstar Europe Ltd. The deal was ultimately cancelled.

     

    By Dr. David Matsanga.
    +447930901252
    +254 723312564
    africastrategy@hotmail.com.
    dr.davidmatsanga@yahoo.com.


    NEWS aCROSS AFRICA


     



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    About me

    Name:David Nyekorach - Matsanga (PhD)
    Work: Publisher, Owner, Chairman of Africa World Media Ltd Specialist: Political Science, African History, Governance, Democrary, Great Lakes Region, Conflict Resolution, Media Impact on Africa, International Management and Lobby work
    Location: London, Surrey UK


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