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Zimbabwean scheme keeps convicted youths out of jail

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BY FORTUNE MOYO

Two years ago, Sibusiso Dube got into an altercation that could have radically altered the course of his life.

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He was 18 years old at the time, and he and a friend started arguing about the outcome of a bet.They decided to settle the matter with their fists.

“In my neighborhood, settling scores by engaging in street fights was just a way of growing up among teenagers,” Dube says.
“Half the time, they were not serious fights, and people often made peace afterward.”
Dube won the fight and believed that would be the end of the matter.

But his friend, Mandla Nkomo, reported the incident to his brother, who called the police.
Later that day, officers arrived at Dube’s home and arrested him for assault.

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He spent the night in jail, facing the prospect of a trial and possibly a prison sentence.
A criminal record would bar him from government employment and make it exceedingly difficult to obtain work in the private sector.

“I was stunned and confused,” Dube says. “Why was I being arrested for something which always happened in the neighbourhood?”
But the next morning, Dube was released into his mother’s custody and given a reprieve: A social worker informed him that his case wouldn’t be going to court after all.

Instead, he was to participate in a new pre-trial diversion programme designed for young people like himself.

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Rather than serving time in prison, he would be offered counselling and vocational training, and he would need to participate in mediation sessions with Nkomo and offer the family some form of reparation.

If he completed the programme successfully, he would not have the stigma of a criminal record.
The pre-trial diversion program could soon benefit more youth like Dube.

The programme — which started in 2016 as a pilot project between the Ministry of Justice, Legal and Parliamentary Affairs and the United Nations Children’s Fund, known as Unicef — is currently running in four cities.

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The government plans to expand it nationwide.
The programme is designed for young adults under the age of 21 who have committed less-serious offenses, such as theft, assault and unlawful entry, which ordinarily would carry prison sentences of 12 months or less.
The government launched the programme after realising that incarceration wasn’t an effective pathway to rehabilitation for juvenile offenders, says Ziyambi Ziyambi, minister of Justice, Legal and Parliamentary Affairs.

Imprisoning young people with hardened criminals, the government found, often led to young people becoming hardened criminals themselves.

Inmates in Zimbabwe’s prison system have long suffered human rights abuses.
Juveniles, especially, have suffered from a lack of legal representation.But in recent years, the country has worked to improve conditions within prisons and put more emphasis on rehabilitation and reintegration into society.

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The pre-trial diversion programme is part of that effort. Since it began, about 4,000 young people have completed it.
“The programme has achieved its goals, because it is meant to ensure that juveniles are not exposed to hardcore criminals over minor offenses,” Ziyambi says.
It now operates in four cities: Harare, Bulawayo, Gweru and Kadoma.The government could start expanding the programme by the end of the year.Such programmes are fairly rare in the region, although South Africa has one with similar objectives.

“We plan to ensure that the program is rolled out to all districts in the country so that all juveniles have access to the program and juvenile justice is uniform across the country,” Ziyambi says.

Diverting juveniles from the formal criminal justice system also helps to reduce pressure on the country’s overcrowded prisons, Ziyambi adds.

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The capacity of the country’s prison system is 17,000. As of March, more than 20,000 prisoners were incarcerated.Social reintegration also is a key goal of the program.

“The pre-trial diversion option is in no way intended to make offenders less accountable or responsible for their actions, but rather to provide offenders with the opportunity to rethink their lives,” says Gerald Matiba, executive director of the Christian Legal Society of Zimbabwe, which offers free legal advice, counseling and psychosocial support to juveniles involved in the diversion programme.
Once a young adult has a criminal record, society tends to shun and stigmatise them, Matiba says.

By forcing juvenile offenders to take responsibility for their actions — while also addressing other social, family or community issues that may be contributing to their behavior — the diversion program makes it easier for young people to be accepted back into their communities and avoid further run-ins with the law.

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Young people who exhibit delinquent or criminal behavior often have experienced peer pressure, lack of parental guidance or supervision, abuse, neglect, or alcohol and substance abuse, Matiba says.

Addressing these issues can take time, and there is no specific timeline for completing the diversion programme.Some offenders complete the programme in three to six weeks, Matiba says, while others can remain in the programme for months.Dube says after going through the programme, he understood that what he did was wrong, and he had to apologisze to his friend and his friend’s family.He also had to do gardening at his friend’s place for about a month to show remorse and as repentance for his deed.

Looking back, Nkomo says he didn’t intend for his friend to be arrested, but he is glad the diversion programme allows young people to avoid letting silly decisions in their youth ruin the rest of their lives.Dube was able to receive vocational training, and he now works as a mechanic.He says if he had been incarcerated, his family and community would not have supported him as they did after he had completed the diversion program.

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“Once one has a criminal record, family members and society stigmatize you,” Dube says.
“So I believe the fact that I did not get criminal record, it was easier to reintegrate into society.” – Global Press Journal

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National

ZIMRA customs officer appears in court for criminal abuse of office

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BY STAFF REPORTER 

A Zimbabwe Revenue Authority (ZIMRA) customs officer, Phillip Kuvenga, has been accused of criminal abuse of office for allegedly assisting in the importation of banned motor vehicles.

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Kuvenga, 28, who is stationed at Victoria Falls, allegedly received documents from clients, completed valuation sheets, and carried out the valuation process. However, he is accused of endorsing different chassis numbers to deceive his supervisors during the validation and approval process.

After obtaining approval, Kuvenga would capture the correct chassis numbers in the ASYCUDA World System. He would then alter or replace the documents submitted earlier to his supervisors.

The offense came to light when a motor vehicle that had not yet arrived in Zimbabwe was found to have been already registered. A thorough check by ZIMRA led to Kuvenga’s arrest.

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Kuvenga appeared in court on February 1, where he was denied bail by Magistrate Gift Manyka. He is expected to appear in court again today for another bail hearing.

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Retailers send Mnangagwa SOS as shops continue shutting down over operational woes

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BY ZIMLIVE

The Confederation of Zimbabwe Retailers (CZR) has implored President Emmerson Mnangagwa to intervene and save the sector which has seen various formal retail and wholesale businesses closing shop countrywide due to operational challenges.

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In a statement on Sunday, CZR president Denford Mutashu said the continued closure of formal retail and wholesale businesses is a direct consequence of the tough economic environment that has consistently failed to support formalised sector players who face stiff competition from informal businesses and vendors the majority of whom have no tax obligations to deal with.

Mutashu said his association was concerned that authorities continue to downplay the crisis.

“The recent closure of several outlets under the N. Richards Group, coupled with Spar Zimbabwe’s painful decision to shut down Queensdale Spar, Choppies Zimbabwe’s exit from the market, and Mahommed Mussa’s significant reduction of shop space by 60%, highlights the growing crisis.

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“As the representative association for these and other brands, CZR is alarmed that while formal businesses face enormous challenges, the authorities continue to present a different picture of the operating environment,” he said.

Given the situation, Mutashu said, only President Mnangagwa can rescue the troubled sector.

“CZR therefore calls for urgent intervention from His Excellency, President Emmerson Dambudzo Mnangagwa, to rescue what remains of the formalized retail and wholesale sector,” said Mutashu.

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He said the sector was in urgent need of rescue.

“While CZR acknowledges the continued support from the Ministry of Industry and Commerce, it is clear that the root causes of these challenges are fiscal and monetary in nature. These require urgent and decisive action to ensure the survival of formal businesses.

“CZR therefore appeals to the Presidium to prioritize interventions aimed at saving jobs and mitigating the ongoing wave of shop closures and retrenchments,” he said.

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Crisis in Zimbabwe Coalition vows to resist term limit changes

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BY WANDILE TSHUMA

Zimbabweans are speaking out against proposed constitutional amendments that would extend President Emmerson Mnangagwa’s tenure beyond the constitutional limit of two five-year terms.

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A stakeholder engagement meeting convened by the Crisis in Zimbabwe Coalition today brought together a diverse group of stakeholders, including labor, church, and business representatives, to devise a collective strategy against the proposed amendments.

“The participants firmly argued that such changes would significantly undermine the spirit and collective will of the Zimbabwean populace,” the meeting noted.

They characterized the amendments as “self-serving maneuvers orchestrated by a small clique of politicians pursuing personal ambitions over the broader interests of the nation.”

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“This clique’s pursuit of power undermines the very foundation of Zimbabwe’s democracy,” the meeting emphasized. Furthermore, the participants noted that the proposed amendments “fundamentally contradict the democratic principles enunciated in the country’s constitution.”

The meeting expressed concern that enacting such changes would exacerbate the lingering legitimacy crisis, leading to increased international isolation and a further decline in Zimbabwe’s global standing.

The participants also reflected on how these ongoing attempts to alter the constitution demonstrate a profound disregard of the will of Zimbabweans, as expressed in 2013 when they unanimously voted for the supreme law.

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The meeting further noted that the relentless efforts to amend the constitution will continue to limit the democratic space in Zimbabwe. “The shrinking environment poses a serious risk of consolidating authoritarian practices and eroding the fundamental rights and freedoms of the citizens,” the meeting warned.

In addition to the constitutional amendments, the meeting highlighted the ongoing economic crisis in Zimbabwe, which has severely impacted the daily lives of ordinary citizens. “As inflation spirals and basic necessities become increasingly scarce, many families struggle to meet their fundamental needs,” the meeting noted.

The participants expressed concern that political elites and a small group of individuals with close ties to the government are exploiting the nation’s resources for their own gain. “This systematic looting occurs with little regard for the welfare of the populace, exacerbating the country’s economic plight and contributing to widespread hardship among the general population,” the meeting emphasized.

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To resist these developments, the meeting resolved to:

– *Build a Broad-Based Movement*: Unite various stakeholders to defend democratic space and resist the proposed constitutional amendment. This comprehensive approach seeks to unite stakeholders, including the media, diplomats, community mobilizers, and rapid response teams, to ensure ordinary Zimbabweans are empowered to engage in this righteous and noble cause.
– *Mobilize Nationally*: Prioritize community consultation to safeguard the constitution and nurture a culture of constitutionalism. This mobilization effort must extend across all political affiliations and should commence without delay.
– *Convene a National Convention*: Organize an inclusive national all-stakeholders convention that incorporates all stakeholders to prepare for a united response, specifically a collective VOTE NO campaign, should a referendum be called regarding any constitutional changes.
– *Employ All Permissible Channels*: Utilize mass mobilization initiatives, organize demonstrations, engage in diplomatic discussions, and pursue public interest litigation to challenge and stop the encroachments on democracy.

The Crisis in Zimbabwe Coalition emphasized the urgency of mobilizing citizens across the country to defend democratic ideals and resist any proposed amendments to the constitution.

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