Going for Glory: Part 1

Source: Free Movement

The latest Country Guidance case on Zimbabwe finds, in essence, that despite vociferous and violent pronouncements about homosexuality at the highest level in that country, Zimbabwe is a safe haven for lesbians and gays. The case is LZ (homosexuals) Zimbabwe CG [2011] UKUT 00487 (IAC) and it was reported on 26 January 2012.

In some ways the case appears at first blush to represent simple common sense: each case must be argued on its own facts. However, the effect of a Country Guidance case is more pernicious than may first appear. It introduces a starting presumption as to the outcome of the case which must be rebutted by the party whose case is negatively affected by the case in question. Practice Direction 12 for the tribunal states that Country Guidance cases are authoritative and that it will likely be an error of law not to follow a Country Guidance case.

The case highlights long held concerns about the entire principle of having Country Guidance cases. Compare the following two sentences from paragraphs 17 and 24:

“Before us, the appellant did not rely only on general risk to homosexuals, or to female homosexuals.”

and

“[The appellant's lawyer] invited us to allow the appeal primarily because all homosexuals, male and female, are at risk of persecution throughout Zimbabwe.”

The Appellant’s primary case was said to be about the individualised risk to her alone, based on the unique facts of her own case. That might be described as the traditional approach to arguing a legal case – many might be surprised to learn there is any other approach, in fact. However, the appellant’s representative argued and presented considerable evidence that an entire class of persons, lesbians and gays in Zimbabwe, were refugees. Only one of that class of persons was represented before the tribunal but the lawyer took it on himself to argue the case for everyone, no doubt encouraged by directions from the tribunal to do so.

I can myself fairly easily think of arguments concerning the evidence put forward by the Home Office in this case but I have no idea if these arguments were put to the tribunal. Why was the evidence of Women of Zimbabwe Arise (WOZA) considered to be relevant and given any weight, for example? In what way were they qualified to give evidence about the treatment of lesbians or others and why would they not suffer from the same deep rooted homophobia as the rest of Zimbabwean society?

The determination is open to legal criticism (where is the evidence to support the findings, apart from anything else?) and an appeal might normally be expected. But here too arises another problem with Country Guidance cases: the particular appellant actually succeeded and will be recognised as a refugee. She therefore cannot appeal, and the negative generalised conclusions that had nothing to do with her case will now stand for several years creating a presumption in other cases.

This type of Country Guidance case is anathema to the common law system of precedent and offends against the general prohibition on judgments in rem. The tribunal should not be reporting such cases.

It is unfair to be excessively critical of the lawyer or lawyers in this case because plenty of others do the same. Being involved in a Country Guidance case raises one’s profile and it is exciting, opening up all sorts of legal interest and enabling generous Legal Services Commission funding for expert evidence and other preparatory work. However, these Country Guidance cases where the arguments and evidence is extraneous to the clients best case are very different to traditional  test cases where one is forced to argue a novel point of law because the client’s case depends on it or with the limited number of Country Guidance cases where, like those on Somalia, the client’s best case is actually the generalised risk.

I was once memorably (to me!) and I thought rather unfairly described as ‘wholly disingenuous’ in a reported determination when I resisted the tribunal’s attempts to force me to make generalised arguments beyond the scope of the particular facts of my client’s case. It continues to surprise and depress me that others don’t do the same.

Call for prayer and action for all Zimbabweans

By Chinofunga Ndoga and Tendai Gakanje

It is imperative that the Christians unite in prayer and action to ensure that the long suffering people of Zimbabwe are freed from tyranny which has oppressed and afflicted them for the past 31 years under Robert Mugabe and ZANU PF political party.

There is need now more than ever to mobilise our congregations and denominations to earnestly intercede for Christians who are suffering in Zimbabwe.  Some church buildings have been demolished and others illegally occupied. Gatherings have been violently dispersed by Riot Police. The Anglican cathedral has been desecrated by Mugabe’s renegade priest Bishop Nobert Kunonga and his followers. A group of nearly 80 clergymen from the Church Province of Central Africa (CPCA) were evicted from Peterhouse High School in Marondera on Tuesday 3 January 2012, by police who insisted they did not seek permission to gather for their annual prayer retreat .Pastors praying for peace in Zimbabwe have been arrested for ‘subversive prayers’. Civilians and human rights activists continue to be beaten indiscriminately in the streets. Lawyers and advocates continue to be arrested and dragged out of their chambers. The sick are systematically denied medical help. The children are denied a decent education by the lawless regime of Robert Mugabe who willy-nilly disrupts lessons for political expedience. Prisoners die of hunger awaiting trial. Enough is enough!  Mugabe and his ZANU PF mafia should relinquish office and be replaced by a democratically elected government by the people and for the people.

We need to pray and act now to ensure that Zimbabweans attain the freedom that they have been praying and working for these many years. Mugabe’s Marxist regime destroyed the rule of law and devastated the economy with record inflation outside a war zone. In our prayers we should prioritise praying for the restoration of respect for the sanctity of life, property rights and for the rule of law.

We should pray that the new government should be democratically elected in a free and fair election. We should pray for the right to hold dual citizenship, e-balloting and postal balloting this coming election for every Zimbabwean dotted around the globe. We as Christians should impress upon the new political set up to implement Biblical principles of restorative justice, restitution to those defrauded and looted by ZANU PF, restoration of property to those who were unjustly deprived of their homes and properties through operation Murambatsvina and its phase 2 currently ongoing as well as the continued chaotic land theft disguised as reform. The-would -be government should promote free enterprise and honest money. National resources should not be channelled towards individual enrichment like what ZANU PF is doing with the proceeds of Marange Diamond mines. “Thou shall not steal” (Exodus 20:15). The principle of private ownership of property should be established. Institutional envy and theft by conversion practice of ZANU PF should be made criminal and punishable by law. “Thou shall not covet thy neighbour goods” (Exodus 20:17)

ZANU PF Indigenisation of companies Act and free-for-all attitude is legalised theft of wealth created by hard work, business acumen and ingenuity of others. As Christians, we should pray that this never see the light of day rather we should pray for free enterprise, diligent hard work, honesty, thrift, honest money and Christian ethic in fiscal behaviour. “Diligent hands will rule, but laziness ends up in slave labour” (Proverbs 12:24)

Together yes we can!! Let us all pray and hope for an imminent departure of Mugabe, his cronies and ZANU PF party from the epicentre of political, social and economic power in Zimbabwe. Zimbabwe is crying for urgent help and change. She needs to heal her wounds, feed and nurture her hungry children. Time for real and meaningful changes is here and now.

Archbishop visits Zimbabwe amid church-state standoff

Ekklesia – The Archbishop of Canterbury, Dr Rowan Williams, will visit Zimbabwe in a show of support for Anglicans who are under siege from a renegade ex-bishop who plans to snub the leader of the worldwide Anglican Communion – writes Munyaradzi Makoni.

Anglicans in Zimbabwe are embroiled in a church property fight with former Bishop Nolbert Kunonga of the capital of Harare. Kunonga left the church in 2007 over what he said was its pro-gay stance.

Kunonga has formed his own church around a group of followers, claiming rights over church property, schools and hospitals. Kunonga is allied with President Robert Mugabe, who has maintained a tight grip on power for 30 years.

Dr Williams’ 5-13 October 2011 visit, which will include visits to Malawi and Zambia, will “show support to Anglicans in Zimbabwe in the face of ongoing persecution at the hands of an ex-communicated man who has nothing else to do than focus his attention on destroying what generations of Anglicans built using their own resources,” the Harare diocese said in a statement.

Kunonga called Williams “a British diplomat representing neo-colonial interests,” and said he has little interest in meeting with him.

“I can’t be in solidarity with him. He won’t solve anything,” he said. “Other people are seeing hope. They are seeing Jesus Christ coming.”

Williams has said he has asked for a meeting with Mugabe, whom critics accuse of using police and the courts to intimidate clergy, staff and worshippers.

Anglicans recognise another prelate, Chad Gandiya, as bishop of Harare. “Zimbabweans should know that they are not forgotten by the global church,” said Archbishop Thabo Makgoba of Cape Town, South Africa.

[With acknowledgements to ENInews. ENInews, formerly Ecumenical News International, is jointly sponsored by the World Council of Churches, the Lutheran World Federation, the World Communion of Reformed Churches and the Conference of European Churches.]

Poverty alleviation scheme targets kids

(IRIN) – Orphans and vulnerable children from more than 80,000 households in Zimbabwe are set to benefit from a three-year government and donor-funded programme to cushion them from the worst effects of poverty.

This report online: http://www.irinnews.org/report.aspx?reportID=93858

Gaddafi ’seen in Zimbabwe

Colonel Muammar Gaddafi has fled Libya to Zimbabwe on a jet provided by Zimbabwe President Robert Mugabe, it was claimed today, as rebels began the march on his home town.

Hunger spreading in south

(IRIN) – Tedius Bere, 31, from Chivi District in Zimbabwe’s southeastern Masvingo Province, recently travelled to the capital Harare to ask for his brother’s help to buy food for his family, whom he had left in Chivi with only enough maize meal for two days.

This report online: http://www.irinnews.org/report.aspx?reportID=93535

Robert Mugabe’s Zimbabwe land seizures ‘cost $12bn’

The seizure of most of Zimbabwe’s white-owned land has cost nearly $12bn (£7bn) in lost production since 2000, the Commercial Farmers’ Union says.

Read more

Source: BBC News

Our Experience

Acts sanctioned by none but you
Acts known by none but you
Acts of deaths witnessed by you
Acts of darkness commanded by you
Acts unkind, evil and unforgiving

Mischief approved and common to you
Mischief paid art in your covert world
Mischief uncommon and disapproved

In the overt world we reside

My capture!
My demise!

His abduction!
His disappearance!
Her torture!
Her callous murder!

Their arrest!
Their incarceration!

Our trial!
A travesty!
Our experience!
Painful and horrific

You gain from our pain
You locate relief in our grief
You count victories in victims
You!
I hate your success

Achieved at the expense of our sorrows

Where is justice for our experience?
My captor still haunts me
His abductor, still roam the streets scot-free
Her murderer still kills more

Their policeman still acts with impunity
Their prison officer continues to deny them food and medication
The intelligence officer unintelligent
still extracts information under duress
The judge remains tribal
His verdict partisan and poisoned

In Zimbabwe, my country
Alluta continua!

Written jointly by Chinofunga Ndoga and Tendai Gakanje who both are human right activists with ROHR (Restoration of Human Rights Zimbabwe) Yorkshire branch

The views expressed in this article are those of the author and do not necessarily represent the views of, and should not be attributed to HAT News

Eye for an eye

By Nokutula Ncube

Three years ago, I sent Mugabe this card (left), hoping and wishing his time to meet his maker ‘the devil’ was near, and will succumb to illness or something painful and nasty, but against all the odds, the evil guy is still breathing and in charge.

Capital punishment must be abolished everywhere, but I am of the mind, it should stay put in Zimbabwe. Zanu PF have kept it  in force all these years and have used it to kill and intimidate anyone opposing their ideologies. The sterile reason for its necessity in Zimbabwe is:

a-) it is a deterrent
b-) it removes killers from our society.

Truth be said, it is Zanu PF members who are committing crimes against humanity. Innocent Zimbabwean citizens have been tortured, murdered, raped, displaced and orphaned. The death penalty is in fact appropriate to people, notably Zanu PF members, who are participating in these macabre events.

The public needs retribution. The anguish of the victims’ families must be relieved.

The bible says- ‘An Eye for an Eye’. These people must face the ultimate punishment for their evil deeds. And in my opinion, it will be all legal.

The views expressed in this article are those of the author and do not necessarily represent the views of, and should not be attributed to HAT News

British MP wants to see regime change in Zimbabwe

British MP, Denis MacShane, who claims to have campaigned for the collapse of apartheid rule in South Africa, said he would like to see regime change taking place in Zimbabwe.

Speaking recently in the House of Commons during the debate about humanitarian aid to Libya, MacShane said he would want to see regime change in Zimbabwe and in Burma.

Read his speech in full here

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