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Die first, then appeal

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Matonga is at it again. There he was shooting his mouth in the government mouthpiece, the Herald of June 07 that “All NGOs have been ordered to apply for new registration permits as part of measures to clamp down on the incidences of civil society meddling in the country’s politics ahead of the June 27 presidential run-off.”

This in direct contradiction to what the former minister of Public Service, Labor and Social Welfare, Mr Nicholas Goche issued in a letter calling for the suspension of all ‘field work’ by PVOs. One can almost imagine Matonga confidently making his announcement with that annoyingly wide and pompous Cheshire-cat grin of his.

This is at a time when most Zimbabweans are in desperate need of food aid and ARV treatment, clean water and other services provided by NGOs. But some Minister just wakes up one day and decides all NGOs are banned from conducting humanitarian work, ironically at a time when the outgoing president is attending a summit discussing various food security issues including the fight against hunger. That thousands will probably die from hunger or needless lack of medication seems irrelevant. What is important is to thwart potential underground activities by NGOs to support the MDC under the banner of carrying out humanitarian aid.

NANGO (an association of Zimbabwean NGOs representing over 1000 members countrywide) convened an emergency meeting with PVOs to discuss implications and the way forward on June 09, 2008. A representative from Zimbabwe Lawyers for Human Rights (ZLHR) gave a preliminary legal position that the letter is not legally valid, as the Private Voluntary Organizations Act does not empower the Minister to suspend an NGO’s operations.  Also, section 10 of the Act, cited in the letter, empowers the PVO Board, not the Minister, to take action to de-register an NGO. Whatever the legality of this instruction, it is a political reality.

There is also the question of whether Goche has any right at all to be issuing such statements. If cabinet was dissolved just before March 29, he and his colleagues must therefore be operating from the perspective that since their outgoing president is still operational; they too can continue to execute duties as before.

It is fast becoming a sad reality that the regime is refusing to go and will employ any means possible to ensure they stay in power. It is another sad reality that this is not the first time such careless, baseless announcements have been made each time the government feels threatened about something. Another sad reality is that we have a government in place that simply has this ‘thing’ against people helping other people, even when humanitarian assistance is non partisan and is inclusive of their Zanu-PF people. Never mind that humanitarian workers’ sole mission is to provide assistance to any people in need.

It appears that most members of civil society have chosen to distance themselves from solidarity with other directly affected PVOs, under the misconception that only humanitarian field workers in food distribution are being targeted. Some do not realize that the regime has a plethora of some uneducated overzealous agents who are prepared to start maiming and killing to enforce the directive, legal or not. Much as we find for instance that Mr Goche’s announcement is legally null and void, we are also confronted by the fact that there is no respect for the rule of law in this country.

I caught the words of one representative from ZLHR that it may be in the best interests of PVOs to just comply with the directives, even though this may imply that they concede that their existence is illegal. He gave the example of the Daily News and the fact that the paper lost its case against the MIC because it failed to comply with the law simply because they disagreed with it. The wise move was to first comply then later challenge whatever they disagreed with. The lawyer suggested the same for PVOs in the current situation.

So if this was a death sentence, first die then appeal?

2 comments to “Die first, then appeal”

  1. Comment by Ben:

    The fact of the matter is that Mugabe controls the miilitary and police (or vice versa). For now, whoever controls the guns, controls the laws.

  2. Comment by I *heart* Kucinich! : Liberal Conspiracy | Cleveland Police Corruption:

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