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Businessman spent 10 years in Zimbabwe jail for a murder crime he did not commit

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BY SAMEER NAIK

JOHANNESBURG- Rusty Labuschagne isn’t an angry man.

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He may have been falsely accused of murder and as a result, spent a decade behind bars in a tiny jail cell in Zimbabwe, but the 60-year-old holds no grudges.

“I don’t have any anger in my heart. People often ask me if I’d known what was to come before my conviction, and had a chance to run, would I have? My answer is no.

“I did have a chance but I refused. I never believed they would convict me for something I didn’t do.

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“And I would have been labelled guilty, been on the run for the rest of my life, and would never return to my family, friends, and everything I’d worked my whole life for.

“I’d built an honourable reputation and have always been as strong as my word.

“That would have destroyed me inside and I’m happy to say, my reputation still stands strong.”

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Labuschagne, a successful businessman, who ran a safari outfit, was accused of drowning a poacher near his fish resort in Zimbabwe in late December 2000.

He was sentenced to 15 years in a Zimbabwe jail and was moved around to various prisons in the country.

He spent hundreds of thousands of rand trying to prove his innocence and fighting the system.

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Eventually, after 10 years, Labuschagne was released from prison.

“I went on a fishing trip with friends to my fishing resort on Lake Kariba in December 2000.

“Late one afternoon, one of my mates (Spike Claasen) and I decided to go tiger fishing on the lake, leaving the other guys bream fishing in a river section.”

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“On our way back, we spotted two fish poachers in a steel boat, who immediately, upon seeing us, started paddling hastily for the shore in an effort to get away from us.

“Knowing that they were notorious poachers, I drove my boat towards them to scare them off, and the wake of my boat tilted theirs, causing them to jump out into the water, which was about 1.5m deep.

“They were about three metres from the shore and soon scrambled to dry land.

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“Spike and I then watched as they ran away into the bush, and thought nothing more of it.

“The following day the police arrived and accused us of drowning one of those poachers.

“I was framed by the poacher, the police, and the courts, in an ugly politically influenced conspiracy and sentenced to 15 years in prison, of which five were removed as remission.

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“Unbelievably, Spike only got a US$10 fine and was set free because he was not driving the boat.”

Labuschagne says he felt helpless when he was convicted.

“In the judgment, the judge quoted as follows: ’It cannot be said that his aim and object was to kill the deceased.’

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“I felt some relief, then he went on to say: ’He, in my view, is clearly guilty of murder with constructive intent.’

“I knew there had been political interference at the highest level, but still hung onto the belief that surely someone would come to their senses and have me released.”

Now he has written about his experience in his new book, Beating Chains, an inspiring story of hope and resilience.

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Labuschagne, who now resides in Cape Town with his wife Sandra, and does motivational talks for corporates, private functions, and churches, says his book was written for people who are overcoming hardships and to have the injustice recorded.

“After eight years in prison, I was transferred to a farm prison where I managed to acquire a smuggled iPhone.

“It occurred to me that my ordeal would inspire people and change many lives especially during the economic meltdown of Zimbabwe.

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“I began documenting my experiences and emailing them to myself for safekeeping.

“There were hundreds of emails. After five years I was ready to confront the process, which was part of my healing.”

The book describes his family history, his life in Zimbabwe as a businessman, and his experience of being behind bars in Zimbabwe.

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He spent time in various prisons in Zimbabwe such as Khami Maximum Security Prison, Chikurubi Maximum Security Prison, Harare Central, and also Connemara Farm Prison.

“Most of the book refers to the horrendous conditions I was exposed to, the everyday trauma one endures and the diverse characters I encountered throughout that nightmare.”

Labuschagne described his time in the prisons as a horrendous experience.

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“When you walk into prison, you walk in naked and you are owned by the state.

“They control what you wear, eat, drink, say, hear, read and write.

“There are no radios or TVs in prison, no incentives to behave. Prisoners are loud, boisterous, and unruly.

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“The beatings are unimaginable, with thick rubber batons under the feet – if you don’t lie still and take your beatings, they beat you all over.”

“There was no furniture in any prison for the first eight years – no beds, tables, chairs, cupboards or mirrors.

“In my first cell, 13m long x 3m wide we were 78 inmates with 33cm each marked out on the walls in chalk – that was your space.”

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“The toilet was a stainless-steel bowl sunk into an open one-meter square cement block in one corner.

“We were packed like sardines with legs all crossing over in the middle.

“As cushioning against the cold concrete floor, you’d fold two of your paper-thin, warn out lice-ridden blankets several times to fit your space, then covered yourself with the third one.

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“Your clothes were wrapped around your toothbrush and toothpaste, or they’d get stolen, and that was your pillow.”

He was also in prison during a huge cholera outbreak in Zimbabwe, an experience that haunts him to this day.

“After moving to Harare Central medium-security prison during the cholera outbreak in 2008 and 2009, in the first eight months there, out of 1200 of us prisoners, 432 died.”

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“That’s more than a third. It got so bad, we became totally desensitised.

“One afternoon my closest friend there and I were playing cards on the tarred floor of the crowded exercise yard and the guy sitting next to me rolled over dead.

“Nobody around us moved, we couldn’t believe it.

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“We were all so used to seeing inmates dying, but it hit me hard.

“We just turned a little so we couldn’t see him, and carried on playing until prison hospital staff collected him.”

Mentally, he struggled in prison.

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“My first thought after being convicted was why me?

“Then I thought, does everyone else feel the pain I’m feeling? Am I different?

“Is this a dream? Then I thought maybe I’ve been put here for a reason.

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“I’d always told my children that everything happens for a reason, now I had to walk my talk and accept that.

“It was the only thing that brought peace of mind.

“When I went to prison I was flying high, full of confidence, plenty of money, thinking I was bulletproof.

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“When you go in there they break you, your confidence, your spirit, your soul, everything.”

He says he tried being positive each day, which helped him get through each day.

“I was blessed with a very positive attitude and I think it’s from hardships on my journey.

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“I believe we are born with fortitude, but we can learn resilience.

“There were big strong guys totally broken in prison, and ordinary looking guys that had learned to take the knocks and bounce back.

“Resilience is not a physical attribute, it’s a mental one.”

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He says finding happiness in even the smallest of things in prison kept his mind healthy.

“We would laugh and joke and fool around and play practical jokes on one another because it made us feel good.”

He says fitness and exercise also helped.

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“I was obsessed with fitness and keeping healthy and would train daily with bodyweight exercises and water containers.

“We’d play soccer or volleyball at every opportunity but being locked in cells for 20 hours a day left little time.

“Most of my time was spent either reading or daydreaming.

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“I had this gorgeous fantasy girlfriend named Sherree and we’d fly all over the world in our private jet, catch marlin in Mexico and help those in need financially no end and I created this beautiful world I could go into, to get away and feel happy again.”

While Labuschagne is happy to be free and now lives a wonderful life with his wife, Sandra, he says he is still scarred.

“No matter how strong a character you are when you go in there, you are crushed inside.”

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“It’s taken eight years to physically recover and I’d say my PTSD disappeared after about five years.

“I had no treatment as I didn’t believe any psychiatrist had ever experienced what I went through so how could they help. I’m anti-medication.

“I had scars I never believed would ever heal and an emptiness that I didn’t think would ever go away.

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“But after three years I met Sandra, now my wife.

“Her deep love, unwavering support, and faith in God have made me whole again.”

Labuschagne adds that he also visited the president of Zimbabwe in 2018 for a presidential pardon.

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“He remembered me and couldn’t believe that I’d served the 10 years.

“He then wrote on my letter that I had handed to him, instructing the minister of justice to find a legal way of pardoning me.

“I was to wait until I was contacted.

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“The feedback after a year was that people were upset because I had gone directly to him.

“No acknowledgement or compensation has been offered until now.”

Now, Labuschagne’s aim is to inspire as many people as he can.

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“I feel that after overcoming those hardships, I’m now prepared for where I’m going.

“May this be a lesson to all: No matter what hardships you are going through in life, just remember that you are being prepared for where you are going.

“God has a plan for you. – The Saturday Star

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Special reports

Schools improvement grant improving the quality of learning in Hwange

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By Wilson Mareya & John Mokwetsi

Without the School Improvement Grant (SIG), learners at Nyongolo Primary School in Hwange District would not be celebrating the provision of textbooks, teaching material, classroom furniture, and a good learning environment.

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Nyongolo Primary School is a registered rural school located about 340 km from Zimbabwe’s second-biggest city, Bulawayo. The school is a few metres from the Hwange-Victoria Falls highway and has 5 classrooms and 272 learners (147 females and 125 males). Hwange District is primarily a mining district. Large coal deposits are found in the district, and several large coal mines are located there. Despite being mineral-rich, the locals survive on menial jobs, with most not affording to buy their children basic education needs. Most learners live within a radius of 10km from the school.

Nyongolo is one of the beneficiaries of the School Improvement Grant (SIG) Regular programme made possible thanks to funding from the Foreign Commonwealth and Development Office (FCDO). The grant aims to support financially constrained schools with resources to meet their minimum functionality standards. FCDO supports the Ministry of Primary and Secondary Education initiatives towards improving the quality of education for all children, especially the vulnerable and disadvantaged, with UNICEF managing the funds and providing technical support.The school head, Nokuthula Ndebele, is ecstatic when she speaks of the benefits of SIG: “Textbooks have come as a game changer for our pupils. We used to have acute shortages of textbooks, where the school could only afford one textbook for the whole class. For the Ndebele language, the school did not have any textbooks for grades 6 and 7. With the funds available to purchase more textbooks and teaching materials, the learners gain motivation and interest in learning as each learner has their textbook for most of the subjects.”

She added that for the Ndebele language in 2022, the school posted impressive Grade 7 results, with 24 out of 34 learners having passed.

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“We expect this success to be replicated in all other subjects in 2023. The quality of learning is surely improving. Our school had many non-readers when I took over as head in 2021. Now there is a significant improvement. With access to textbooks, the reading culture is improving,” Ndebele revealed the positive impact.

For schools like Nyongolo, where several learners were non-readers, SIG has been a critical pillar in supporting foundational literacy.

Ndebele added: “SIG is the most contributor towards the school’s existence; I don’t know what we would have done without SIG. The school would probably not exist anymore. The levies and fees are too low to support the school. With the last grant, we purchased 16 single desks, 18 chairs and 24 textbooks, and our classrooms are now looking the way a classroom should look.”

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Most desks and chairs are stacked at the back of the classroom as schools have closed for the third term holiday.

The school’s School Development Association (SDA) chairperson, Joseph Ndlovu, said of the support: “Before the intervention of UNICEF, our school did not have enough textbooks. Children sat on combined desks and chairs, which made social distancing impossible during Covid. Now a larger proportion of the learners have single desks and chairs. The community is quite happy with the improvements at the school.”

He added that the school and the parents could not afford textbooks and suitable furniture for every learner.

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“The school could only afford to buy a single textbook per class for the teacher. We are glad for the support we receive from UNICEF and the Ministry (of Primary and Secondary Education). Now for most subjects, each learner has their own textbook, and the children are happy”, said Joseph.

The support given to schools has positively impacted schooling in many financially constrained schools in Zimbabwe. Dreams of a brighter future are being kept alive in these poor communities.

Ndebele spoke of the challenges.

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“The challenge is still on subjects like PE and ICT where we have one textbook for the whole class in some classes. We also do not have enough classrooms for our learners. If the district approves our application for Complementary Funding, we plan to renovate and complete a classroom unit for ECD.”

In early December, the school applied to the District Education for UNICEF-supported complementary funding to support the school’s infrastructure development. The school aims to renovate and complete a big classroom unit for ECD and provide an appropriate and enabling learning environment for the infants.

The school head hopes to get support from the School Improvement Grant component of Complementary Funding from the Global Partnership for Education (GPE) – where schools get funding to renovate, rehabilitate or complete existing school structures such as science laboratories, classrooms or hygiene-friendly toilets for the learners. She is also hoping for continued support so the school can purchase suitable furniture for infants and purchase more textbooks for subjects like (Information and Communication Technology (ICT) and Physical Education (PE).SOURCE:UNICEF

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Zimbabwean women are reduced to cheerleaders in the upcoming election, activists say

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BY FARAI MATSAKA

In a large hall at the headquarters of Zimbabwe’s ruling ZANU-PF party, women responded with roaring cheers when President Emmerson Mnangagwa described them as the party’s “backbone” whose votes are vital to victory in elections scheduled for August.

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At a recent opposition rally, women with the face of their male party leader emblazoned on dresses and skirts sang, danced and promised to vote for change — never mind that the election again represents a status quo where women are largely limited to cheerleading.

It appears worse this year because the number of women candidates has plummeted, despite women constituting the majority of the population and, traditionally, the biggest number of voters.

“We have some of the best laws and policies on gender equality and women representation, but that’s just on paper. The reality on the ground is that the role of women in politics is restricted to being fervent supporters and dependable voters,” said Marufu Mandevere, a human rights lawyer in the capital, Harare.

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The shortage of women candidates puts Zimbabwe at odds with trends on the continent. According to a report released in March by the Inter-Parliamentary Union, the number of women in national parliaments in sub-Saharan Africa increased from 10% in 1995 to about 27% in 2022. The IPU describes itself as a global organization of national parliaments established in 1889.

In Zimbabwe, a patriarchal southern African nation of 15 million people, gender-based biases are still rampant. Men have historically dominated the political, economic, religious and social spheres. The Aug. 23 election suggests that change could be beyond the horizon, despite vigorous local campaigns and global pressure for increased female participation in decision-making.

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Zimbabwe’s controversial new Patriotic Bill just about ‘loving your country”, says minister

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BY CITY PRESS

The heavily criticised Patriotic Bill, which was passed by Zimbabwe’s Parliament recently to clamp down on “subverting government”, is not meant to suppress freedom of expression.

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This is according to Monica Mutsvangwa, the country’s minister of information, publicity and broadcasting services, who spoke to City Press in Randburg on Friday.Mutsvangwa said the passing into law of the controversial legislation, legally known as the Criminal Law Codification and Reform Amendment Bill, was meant to deal with citizens conspiring with outsiders to overthrow the government and campaigning for sanctions. The bill, which was passed on June 7, has been heavily criticised by civil society organisations, including Amnesty International.

Flavia Mwangovya, Amnesty’s deputy regional director for East and Southern Africa, said earlier this month that the bill’s passing by the Senate was deeply concerning and signalled a disturbing crackdown on Zimbabweans’ rights to freedom of expression, peaceful assembly and association.Mwangovya said the weaponisation of the law was a desperate and patent move to curtail the rights of freedom of expression and to public participation in elections next month.

But Mutsvangwa was adamant this was not the case, insisting that the intention of the new law was to “promote patriotism”.

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‘NOT CONTROVERSIAL’

“I don’t accept that it is controversial. It’s okay for people to talk [about it]. That’s freedom of expression,” Mutsvangwa said.

She said Zimbabwe could not promote the subversion of a constitutional government.

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Some of the amendments in the bill include:

Criminalising any citizen caught “wilfully injuring Zimbabwe’s sovereignty, dignity and independence as a nation. ”

Criminalising those who participate in meetings with the intention to promote, advance, encourage, instigate or advocate sanctions or trade boycotts against the country.

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The death penalty for those perceived to have colluded to unseat government, including individuals acting as agents or proxies to such entities.

Under the new law, those found guilty of being unpatriotic will face up to 10 years in prison or a fine. They also risk having their citizenship revoked or their permanent resident status, cancelled. They will be banned from voting and occupying public office.

However, Mutsvangwa said the aspects dealing with jail sentences would be left to the judiciary.

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“People who talk about it [the bill] as being controversial; I’d like to understand what it is they are saying. Is it good to cooperate with people planning subversion of the constitutionally elected government? Is it good to cooperate with people who are planning a coup? Is that correct? No,” Mutsvangwa said.

She said the citizens were allowed to criticise President Emmerson Mnangagwa.he president. That is why we have 11 candidates who filed papers to be presidential candidates. How would they run if they were not allowed?”

But she said as long they were not promoting armed intervention and subversion of government; they would be allowed to contest the elections.

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BROWN ENVELOPES

The citizens, Mutsvangwa said, must be factual in their utterances and not plant misinformation and disinformation because they wanted to get money.

“That won’t help the country,” she said.

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She claimed that there had been cases in which citizens would bad-mouth government because they wanted to get “brown envelopes”, implying that people were being paid to criticise the regime.

“That has happened, which is a pity. We should not be thinking like that as Africans. We need to love our countries. There are people who think there’s something wrong with being patriotic.”

Being unpatriotic included negative remarks about the scarf that Mnangagwa always wears, which is branded with Zimbabwe’s flag.

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“But I say, this is our flag. Why are we not proud of our own flag? I was a diplomat in the US. I lived in an exclusive area. Every house in the US had a flag flying. There’s nothing wrong with loving your country.”

ELECTION PREPARATIONS

The Zimbabwe Electoral Commission, she said, was functioning well and the preparations for next month’s polls were going smoothly.

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Mutsvangwa added that this was evident following submissions made by the 11 presidential candidates during the nominations on Wednesday last week.

“That shows democracy on display. I don’t know how many political parties participated [in that process]. I don’t have the number. But the place was alive with all different kinds of people [making their submissions].”

The minister said opposition parties would be treated equally in these elections, adding that government had opened the airways by introducing other television channels.

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“This means there is a wider choice for everyone who wants to go out and send their messages [to the voters]. We also feel it’s important that the people of Zimbabwe choose who they want to lead them from the information [they get].

“So, this is in everybody’s interest to say that whoever put their papers for nomination is that [the right] person so that the people vote from a position of knowledge,” she said.

But Zimbabweans would only be allowed to vote in the areas where they had been registered.

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“The Electoral Act talks about polling station-based voting. So, if there are Zimbabweans here [in South Africa] who are registered back in their communities, they are free to go [home] and vote.”The minister said they were prepared to deal with those returning home and wanted to vote in their respective areas where they were registered.

NO MORE NO-GO AREAS

Mutsvangwa said government was implementing recommendations made by the Kgalema Motlanthe commission of inquiry, which investigated the circumstances that led to the 2018 post-election violence.

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The recommendations included that political parties be registered to ensure accountability and a review of the laws relating to hate speech, abuse of cyberspace and inciting violence.

Since 2018, government had been working on those recommendations, Mutsvangwa said, adding that the upcoming elections would be open to foreign observers.

“They are free to come. We’ve got nothing to hide.”

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She said Zimbabwe had been using the national broadcaster, ZBC, for 42 years for its messaging. But Mnangagwa had said that there must be media reforms.

She said the president had told her that there was a need to diversify to allow Zimbabweans access to a variety of media content. As a result, licences had been granted to six commercial television stations in Zimbabwe.

“These were given through the proper processes. Some of the media houses that were considered opposition or anti-government have been given licences.

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“They are operating now. We’ve done a lot of opening [of the airwaves] to show the world that we have nothing to hide,” she said, adding that 14 community radio stations had been granted licences. It’s a big game charger. We’ve managed to bring on board all Zimbabweans who were marginalised, who’ve never felt they were part of Zimbabwe.”

Zimbabwe was removing the polarisation that had hampered their communities, she added.

‘EXPATS COME HOME’

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Mutsvangwa said they were rebuilding the country’s economy amid crippling sanctions imposed on Robert Mugabe’s government due in retaliation to the land reform policies.

She said the serious brain drain over the years and skills shortage were affecting the economy.

Mutsvangwa said lessons had been learnt and Mnangagwa was consulting on the interventions to end sanctions.

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She said there had been several infrastructural developments and the discovery of oil in the northern part of the country would require engineers, who had left the country to seek employment elsewhere, to return.

Her government respected South Africa’s decision to extend special Zimbabwe exemption permits for their nationals until the end of this year.

 

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