Siphepha Nkomo sues Zimbabwe Govt over devolution

FORMER minister and member of the National Assembly for Lobengula in Bulawayo, Samuel Sipepa Nkomo, has dragged Local Government minister Ignatius Chombo, Justice minister Emmerson Mnangagwa and the government to the Constitutional Court (ConCourt) for breaching the country's constitution by failing to implement devolution.
Chombo is cited as the first respondent as he is responsible for the administration of the Provincial Councils and Administration Act. Mnangagwa is the second respondent as he deals with the constitution, Bills and other legal matters on behalf of government, which is the third respondent.

Through his lawyers, Tendai Biti Law, Nkomo argues failure by the respondents to operationalise Chapter 14 of the new constitution, in so far as it deals with local governance, was a violation of his right to equal protection and benefits of the law.
He wants the respondents to bring before parliament bills which would ensure devolution is implemented. The application was filed on Tuesday.
The constitution received overwhelming endorsement in a referendum in March last year.
In his founding affidavit, Nkomo argues that the respondents have failed or neglected to cause the enactment of an Act of Parliament that would give effect to the provisions of Chapter 2 and Chapter 14 of the constitution.
"Indeed as a result, the respondents have failed to operationalise the key constitutional question of devolution in this country. Chapter 14, in so far as it deals with the provincial tier of government, has thus remained moribund or non-operational," said Nkomo.
Section 2 of the constitution states that the constitution is the supreme law of the land and the obligations imposed by it are "binding on every person, natural or juristic, including the state and all executive, legislative and judicial institutions and agencies of the government at every level, and must be fulfilled by them".

He argues the delay to operationalise devolution was therefore a breach of the law and says he had approached the ConCourt because it was the watchdog of constitutional compliance.

"The issue of devolution is key and central in the part of the country I come from and in the constituency I represent. I was chosen to represent my constituencywhich expects me to serve in the Bulawayo Metropolitan Council and represent its interests. I want to serve in this important institution so that it can perform and execute its developmental roles as defined by the constitution," said Nkomo.
During the constitution-making exercise the MDC formation headed by Welshman Ncube was the most vocal in supporting devolution, which became part of their poll campaign in the run up to the July 31 general elections.
According to the constitution, there should be a provincial council for each of the country's provinces which should consist of the provincial governor, members of both houses of parliament, mayors and chairpersons of all urban and rural local authorities in the province.

The provincial councils are supposed to be responsible for the social and economic development of the province as well as planning and implementing social and economic development activities, preparing annual development plans for the province while also coordinating and implementing governmental programs.
The provincial councils are also mandated with coordinating the conservation, improvement and management of natural resources, monitoring and evaluating the use of resources in the province and reviewing and evaluating the implementation of development plans and policies within the province.

Chapter 14 of the constitution lists the objectives of devolution as:
To give powers of local governance to the people and enhance their participation in the exercise of the powers of the state and in making decisions affecting them;
To promote democratic, effective, transparent and accountable and coherent government of Zimbabwe as a whole;
To preserve and foster the peace, national unity and indivisibility of Zimbabwe;
To recognise the right of communities to manage their own affairs and to further their development;
To ensure the equitable sharing of local and national resources;

To transfer responsibilities and resources from the national government in order to establish a sound financial base for each provincial and metropolitan council and local authority.
Nkomo argues that although devolution was a contentious issue during the constitution-making exercise, particularly because of Zanu PF's scepticism as it feared it would be interpreted as federalism or secessionism, it was one of the most popular issues during the constitution-making exercise. He also says the constitution was a people-driven process where more than three million people were consulted.
"The bottom line therefore, is that the question of devolution and decentralisation was an issue that was popular amongst people of Zimbabwe.
"It was also an issue that was heavily contested amongst the three political parties, all of whom appreciated its importance. Having been so agreed and incorporated in the new constitution, surely there should be no reason why it is taking the respondents months and months before the same is implemented," Nkomo argues.
The respondents were given 10 days to file a notice of opposition if they intend to oppose the application, failure of which the application will be set down for hearing at the ConCourt without further notice.
The government's continued dragging of feet in implementing the devolution of governance to the provinces violates the Constitution; this was said recently by participants at a civil society meeting in the province.
National Youth Development Trust (NYDT) recently reported that youth who had attended its forum at St. Peters' Hall in Pumula called into question the government's continued delay in enacting the law, which would establish provincial councils.
They said the current form of governance was unconstitutional.
Godwin Phiri, director of the youth group, Intscha.com said: "As things stand, devolution of power is hanging.
"It is there in the new Constitution, but it is not there on the ground, and it's almost a year since we've had the new Constitution.
"What is happening is actually a violation of the new Constitution."
Section 264 provides for the devolution of government powers and responsibilities to the council which should be established in the 10 administrative provinces of the country.

The objectives of devolution outlined in the new Constitution include: to promote equitable sharing of local and national resources; recognise the right of communities to manage their affairs; and promote unity, peace and the indivisibility of Zimbabwe, among others.
The new Constitution became fully operational in August 2013, after the swearing-in of President Robert Mugabe for a seventh consecutive term.
Celani Ncube, who represented the Movement for Democratic Change (MDC) led by Professor Welshman Ncube, said devolution was necessary to ease the widespread of poverty in some provinces viewed as exploited, marginalised or receiving little attention from central government.
"Devolution of power is not about Matabeleland only, even people in Marange should have a say in it and benefit from diamonds," Ncube said.
"Living on government hand outs is unsustainable."
Hector Chikowore, a Zimbabwe African People's Union (ZAPU) youth leader, said there was need for unity by all Zimbabweans in calling for devolution to be brought into life.
"There is need for people to speak with one voice, different political parties and civil society should work together for devolution to be implemented," Chikowore said.
The ruling Zanu-Pf party was in opposition to the decentralised governance formula during the writing of the new Constitution, which was done under the Government of National Unity (GNU). -

Strive Masiyiwa finally breaks the silence about his persecutions: Credits Joshua Nkomo!

Writing in his face book page business mogul and leading philanthropist finally spoke out about his past experiences with the government of Zimbabwe. In a moving article that attracted thousands of comments and likes in a space short space of time, Masiyiwa credited Dr Joshua Nkomo  for his integrity and leadership during that period in his life.Here are his words!
The Meeting with Joshua Nkomo (Part 14).

 Joshua Nkomo is one of the fathers of African nationalism, and stands alongside Africa's greatest fighters against colonialism, and injustice. He is right up there with the greatest of them.

He was... the epitome of courage.
Although he was now in his eighties, he had still kept much of the huge frame, which was one of his distinguishing features. He also had a quick temper:
Even as I entered his office, in the central government offices, he shouted loudly at me:
"What are all these bad things I hear being said about you, young man?"
I stood there, frozen, at first. Then he gestured to me, with his walking stick, and pointed at the door; telling me to shut it, behind me. I then sat down on a chair in front of his desk.
"Baba", I said in a quiet voice, "you do not believe that, do you?"
He stared at me, for a few moments, then he shook his head, slowly, "No, I don't. But let me hear your side of the story."
He listened quietly, and intently, occasionally asking sharp questions. It was clear that he had been well briefed about it. I also realised that the shouting had been for people outside the room to hear, as there were always large numbers of people, in his reception. He was a very shrewd man.
I shared with him, pretty much, all that you all know now, including my deep faith and trust in God. I even shared with him some of my testimonies. He wanted to know everything.
Finally, he rose up, and asked me to stay where I was sitting. Initially, I thought he had gone to the bathroom, but he was gone for what seemed like an hour. I just sat there, and prayed. When he returned, he slumped himself in his chair, and began muttering audibly to himself. I heard everything that he said. He looked deeply concerned, and shook his head, several times.
After a few minutes, he asked me to walk out the office with him. We walked out slowly, together, into the bright African sunlight.
He insisted that I walk by his side.
He wanted people to see me, walking with him, and I escorted him along the corridors to his waiting car. Several people, seeing me, walking with him, came nervously out of their offices, and also shook my hand, or patted my back. Others just stared.
On a number of occasions he said loudly, to people who came up to greet us, "this one is not a sell out. He is true son of Zimbabwe."
People loved him.
The persecution against me, ended that day.


Masiyiwa later established a Joshua Nkomo's scholarship
The History of Joshua Nkomo Memorial Scholarships.
Joshua Nkomo died on July 1, 1999.
My wife and I consulted extensively with his family, and close associates such as Joseph Msika, John Nkomo and Simon Khaya Moyo, on our plan to launch a memorial scholarship in his name.
The Joshua Nkomo Scholarship Trust has now been going since 2005..
It selects the 100 top students (10 from each province) in Zimbabwe's national exams, irrespective of race or religion, every single year.
50% must be girls.
To date it has provided funding to 871 students. It has produced some of the finest scholars in the world, many of whom have achieved degrees and even doctorates, at the leading universities of the world. A few years ago, Gordon Brown the then British Prime Minister, recognized a young Zimbabwean, brain surgeon who had just completed his degree at Oxford.
There are currently 54 students at top American students, who started as "Joshualites".

The Joshua Nkomo Memorial Scholarship, is not the same as our Capernaum Trust Scholaship program, for orphans, and children of Pastors, and widows. The CT program, started in 1990, and currently supports over 42,000 students from several African countries. There are currently over 300 students in America, that came from Joshua Nkomo, and Capernaum a Trust combined.

Be the Shepherd of my Father's people in RSA: Gumede told

Chief Gumede
JOHANNESBURG - History was made on Saturday the 22nd of March 2014 when the Matebele in South Africa celebrated the inauguration of their chief who will represent their ethnic group, (uMthwakazi) in South Africa.
The magnificent event took place at the Yeoville Recreation Centre in Johannesburg. The appointed chief, Albert Zwelibanzi Gumede, was installed under the South African Law and his chieftaincy will be in South Africa.
According to the Traditional Framework Act of 2003, it was last amended in 2009: a chief can be chosen by a traditional King or by a group of people who have called for a gathering (Imbizo) meant to choose a chief. This gave the Matebele an opportunity to legitimise their chief. Vibrant cultural group Inqama was chosen to spearhead the initiative alongside several different groups.
Chief Gumede was sworn in by the royal Khumalo family headed by Hlabezulu of Mava of Sehlaphi of Magidi of Mbamba of Mangwana of Mzilikazi. Other Khumalos who were present included Dumezweni, Frank, Borman and many others.


When Dumezweni Khumalo from Mbonambi's house, gave Gumede an Intonga (stick for chieftaincy), He said "We are giving you this stick, infront of all people here as witnesses, for you to be the shepherd of my father's people in South Africa and please lead my father's children wisely.”
The "father" that Dumezweni was referring to is King Mzilikazi Khumalo the founder of the Matebele nation also known as uMthwakazi kaNdaba, isizwe saMahlabezulu.
Traditional notables who were present included the Zulu Prince Thulani, Zulu Princess Patricia, who is King Zwelithini's younger sister, Prince Elijah Zulu waseNjikini of Mqundeni's house, Inkosi Luter Elijah Sikhosana who represented King Makhosonke Mabhena of the amaNdebele kaMusi (isizwe saManala), Maphenduka Ndlovu from iNjelele shrine in Matebeleland, Christmas kaBhayiskopo Nyandeni, Hlabangana, Shenge, Ngobese of the Mazibuko hostel and James Bhekiseni Ndwandwe, the descendant of Somaphunga of Zwide the Ndwandwe King.


One of the prominent South African businessman invited in the event was Mr. Thwala advised said there must now be an UMthwakazi Foundation which will help abeThwakazi (Matebele people) with scholarships and bursaries. The mayor of Zululand, Zanele kaMagwaza Msibi was also present. She heard about the magnificent event and went to join an extraordinary event.
The publicity team would like to thank everyone who attended the inauguration of the Matebele Chief in the South Africa. The multitudes who attended proved it right that the Matebele people are a proud people, proud of their identity, cultural values and norms.
Various gifts poured in from the community in the form of cattle, sheep, goats and many other gifts, and they were greatly appreciated by the Chief.


Three cows proved not enough to feed the multitudes that came to the inauguration and that was testimony that AbeThwakazi graced the event in huge numbers.
Much bigger and greater events are still coming and people will be notified. We would like to advise our fellow brothers and sisters that they must take caution on the social networks.
Unauthentic media stories devised to indignify everything about our cultural revival and restoration are posted at an everyday basis by a handful of individuals in a bid to cause chaos amongst people of the same cult. Let us not fall prey to such baseless attempts and skeletal criticism. This is an official statement by the officially appointed publicity team. We are proudly Ndebele, proudly amaHlabezulu and proudly Mthwakazi.
We would like to thank the talented musician and poets from Matebeleland that served as lubricants to the fantastic event. We had Amakhosi Amahle, Insukamini, Inkanyezi zeZulu, Abafana bakaMashobana, Abafana bakaMzilikazi, Mehlokazulu, Zinjaziyamluma and Is’banes’namandla. A great stamp was put via the Poets (imbongi) in Thabani Dibi Sibanda and Juniour Ngwenya’s talents.
There was also the pride of all prides in the Nation (Imbabazane) also well known as (amatshitshi) ‘imbali zesizwe,’ flowers of the nation.
Credit goes to the entire crew comprising of these teams: Publicity, Entertainment, Finance, Security, Ushering and Catering. Siyabonga Mthwakazi kaNdaba, ondlela zimhlophe, onduku zibomvu

Welshmen Ncube needs a reality check!

Is a devolution a disillusioned idea?


If  MDC Welshmen Ncube still believes that his party will campaign on the idea of devolution he will not only take the people for a ride, but also be considered irrelevant in Zimbabwe's politics  despite him being a great and integral leader. Devolution will work  in perfect environment. And to be political incorrect and blunt, we have seen that other than being tired of the same old boys gravy train, the rest of Zimbabweans dread the rule of a man who is not Shona. (This is a great shock, did you say that) So what more of a man and a party that comes with a big banner than that confirms their worst  fears. The rest of Zimbabwe does not live in Matabeleland and Midlands. They do not know how it is to be travel all the way to Makombe building in the capital just to get one's  personal documents. Beside devolution stands on the way of the march needed self rule in Matabeleland and Midlands. Its like you want to ask for isitshwala and meat and end up asking for mahewu so that at least your are given something. Sadly you are not even given that mahwewu, so what do you do. Keep wasting time and energy asking for Mahewu?