Prof Moyo backs electoral overhaul, dismisses referendum fears

Speaking
during
CITE’s
X
Space
discussion
on
the
new
amendment
bill
on
Thursday,
Prof 
Moyo,
who
was
involved
in
constitutional
reform
processes
in
the
past
25
years, 
framed
the
debate
as
one
that
must
move
beyond
slogans
and
confront
what
he
termed
the
“mischief”
the
Bill,
approved
by
Cabinet
last
week
and
gazetted
by
Parliament
this
week,
“seeks
to
cure.”

Prof
Moyo
said
he
participated
in
both
the
people-driven
constitutional
exercise
that
produced
the
2000
draft
constitution
under
the
Constitutional
Commission
and
the
later
political
compromise
between
Zanu
PF
and
the
two
MDC
formations
that
culminated
in
the
2013
Constitution.

“It
is
my
considered
view
that
the
Constitution
of
Zimbabwe
Amendment
No.
3
Bill
represents
a
profound
recalibration
of
our
country’s
democratic
or
political
architecture,”
he
said.

“The
foundational
question
of
my
intervention
this
morning
is
based
on
this
question
that
I
pose:
What
is
the
motivation
or
mischief
that
the
bill
is
addressing?
It’s
not
just
dropping
into
our
midst
or
body
politic
like
manna
from
heaven.
It
is
a
response
to
a
particular
situation
or
mischief
which
motivates
it.
And
to
have
a
meaningful
debate,
I
think
it
is
important
to
unpack
or
understand
that
mischief.
In
my
view,
the
mischief
being
addressed
by
this
bill
is
twofold.”

The
first
“mischief,”
he
argued,
lies
in
the
origins
of
Zimbabwe’s
executive
presidency.

According
to
Prof
Moyo,
the
current
system
of
directly
electing
a
powerful
executive
president
traces
back
to
the
1987
constitutional
amendment,
enacted
during
a
period
when
the
ruling
establishment
anticipated
the
consolidation
of
a
one-party
state.

“When
this
system
was
introduced
at
that
time,
it
was
in
anticipation
of
the
establishment
of
a
one-party
state,”
he
said.

“The
1987
amendment
was
enacted
with,
explicitly
the
intentions,
of
establishing
a
one-party
state
in
our
country.”

However,
the
anticipated
one-party
dispensation
did
not
materialise.

By
2000,
the
government
initiated
a
constitutional
review
process
to
address
what
Prof
Moyo
described
as
“structural
consequences
flowing
from
the
1987
changes.”

The
2000
draft
constitution
proposed
a
hybrid
arrangement
that
would
have
restored
a
prime
minister
drawn
from
the
parliamentary
majority
as
head
of
government,
while
retaining
a
president
as
head
of
state
with
reduced
powers.

Unlike
that
draft,
the
2013
Constitution
retained
the
executive
presidency
largely
intact.

“The
2013
constitution
did
not
even
attempt
to
address
the
issues
related
or
rooted
in
the
1987
amendment,”
Prof
Moyo
said.

“Instead,
it
retained
the
presidency
created
in
1987
in
anticipation
of
a
one-party
state,
but
this
time
under
a
constitutional
framework
for
a
multi-party
democracy.”

The
result,
Prof
Moyo
argued,
has
been
an
enduring
structural
contradiction.

“The
constitution
enacted
in
2013
presupposes
the
existence
of
a
multi-party
democracy.
But
the
executive
presidency
inherited
without
even
a
single
amendment
was
enacted
anticipating
that
by
1990
there
would
be
a
one-party
state,”
he
said.

“The
fact
that
this
was
retained
in
2013
by
a
constitution
whose
framework
anticipates
a
multi-party
democracy
naturally
led
to
a
self-evident
structural
breakdown,
exemplified
by
the
scourge
of
disputed
presidential
elections
and
the
toxicity
associated
with
it.”

The
proposed
Bill
seeks,
among
other
changes,
to
transform
the
system
of
electing
the
president
by
moving
from
a
direct
popular
vote
to
an
indirect
election
through
Parliament,
while
also
extending
the
national
electoral
cycle.

Prof
Moyo
maintains
that
this
would
reduce
the
“perpetual
conflict
mode”
that
has
characterised
Zimbabwean
politics
for
decades.

The
second
“mischief”,
he
argued,
concerns
the
short
electoral
cycles
inherited
from
colonial
constitutional
models.

“Over
the
years,
countries
such
as
Zimbabwe
adopted
four
or
five-year
terms
of
office
for
the
executive
and
legislature,”
he
said.

“The
period
is
too
short
and
tends
to
perpetuate
permanent
election
modes,
with
the
next
election
starting
immediately
after
the
last,
breeding
populism,
exacerbating
societal
divisions,
ethnic
divisions
and
leading
to
bureaucratic
inefficiency.”

He
cited
comparative
data
from
several
African
Commonwealth
countries,
arguing
that
shorter
terms
have
often
incentivised
divisive
rhetoric
and
undermined
long-term
planning
in
fragile
institutional
contexts.

“Traditional
enemies
or
grievances
of
the
people
that
fueled
the
nationalist
struggle,
hunger,
poverty,
disease,
ignorance,
are
difficult,
if
not
impossible,
to
address
within
shorter
election
cycles,”
he
said.

Prof
Moyo
contended
that
by
amending
sections
92,
95(2B),
143(1)
and
158(1)
of
Zimbabwe’s
Constitution,
the
Bill
addresses
these
two
structural
problems
without
dismantling
the
fundamental
architecture
of
government.

“It
does
so
not
by
altering
the
structure
of
government
or
its
fundamental
institutions,
but
principally
by
transforming
the
system
of
electing
the
president
and
the
duration
of
the
national
election
cycle,
which
affects
only
two
branches
of
government,”
he
said.

He
dismissed
arguments
that
executive
authority
must
always
be
exercised
through
direct
election.

“Those
who
say
executive
power
is
derived
from
the
people
and
therefore
you
must
have
direct
elections
must
confront
the
reality
that
judicial
power
is
also
derived
from
the
people,
but
the
people
do
not
directly
elect
the
judges,”
he
said.

However,
Prof
Moyo’s
defence
of
the
Bill
stands
in
sharp
contrast
to
mounting
criticism
from
constitutional
law
experts
and
legal
scholars
who
argue
that
the
proposals
collide
with
entrenched
constitutional
safeguards.

Section
328(7)
of
the
Constitution
provides
that
changes
to
presidential
term
limits
require
approval
through
a
referendum.

Moreover,
even
where
term
limits
are
extended,
the
Constitution
stipulates
that
such
amendments
should
not
benefit
an
incumbent
unless
subjected
to
an
additional,
person-specific
referendum.

Critics
argue
that
altering
the
system
of
presidential
election
and
extending
terms
of
office
risks
violating
both
the
spirit
and
letter
of
these
protections.

They
contend
any
changes
affecting
presidential
tenure
must
not
only
pass
through
Parliament
with
a
two-thirds
majority
but
also
secure
approval
in
a
national
referendum.

Prof
Moyo,
claims
the
debate
must
shift
from
suspicion
to
structural
analysis.

“This
constitutional
reform
package
directly
tackles
the
two
situations
I
have
outlined,”
he
insisted.

“The
question
is
whether
we
are
prepared
to
confront
the
structural
contradictions
we
inherited,
or
whether
we
continue
to
manage
symptoms.”

Over 270k Zimbabweans to benefit from new HIV drug

Speaking
at
the
national
launch
on
Wednesday,
United
States
Deputy
Chief
of
Mission,
Phillip
Nervig,
said
the
rollout
marks
a
decisive
moment
in
decades
of
U.S.–Zimbabwe
cooperation
on
HIV.

The
injectable
drug,
developed
by
U.S.
pharmaceutical
company
Gilead
Sciences,
will
be
administered
twice
a
year
and
is
expected
to
improve
adherence,
particularly
among
young
women,
pregnant
and
breastfeeding
mothers
and
other
at-risk
populations.

“LEN
represents
the
cutting
edge
of
HIV
prevention
science.
Already
in
use
in
the
United
States,
as
well
as
in
Zambia
and
Eswatini,
LEN
offers
Zimbabwe
an
historic
opportunity
to
sustain
its
remarkable
progress
in
controlling
the
HIV
epidemic
by
reducing
new
HIV
infections,”
Nervig
said.

Over
the
next
three
years,
the
United
States
plans
to
prevent
more
than
9,000
new
infections
through
lenacapavir.

“These
are
not
just
numbers.
These
are
Zimbabwean
children,
men
and
women
saved
who
will
be
protected
from
HIV
and
will
continue
to
pursue
their
dreams,”
Nervig
added.

The
United
States
remains
the
largest
donor
to
Zimbabwe’s
health
sector
and
has
provided
more
than
US$1.9
billion
in
taxpayer
funding
to
combat
HIV
and
AIDS
in
the
country.

The
support
has
helped
Zimbabwe
surpass
the
UNAIDS 95-95-95
targets,
a
global
benchmark
that
measures
the
percentage
of
people
living
with
HIV
who
know
their
status,
are
on
treatment,
and
have
achieved
viral
suppression.

Nervig
said
U.S.
support
is
now
evolving
under
the
America
First
Global
Health
Strategy,
with
an
emphasis
on
measurable
results
and
sustainability.

“Through
the
America
First
Global
Health
Strategy,
the
United
States
is
helping
countries
to
achieve
self-reliance,”
he
said.
“Together,
we
can
end
HIV.
I
am
confident
that
as
the
Government
of
Zimbabwe
takes
even
more
leadership,
an
AIDS-free
generation
is
within
our
reach.”

Amendment No. 3 Is a ‘planned constitutional coup’, says Mavedzenge

Dr
Mavedzenge
added
that
the
central
objective
of
the
proposed
Amendment
Bill
is
to
extend
President
Emmerson
Mnangagwa’s
term
of
office
without
a
referendum
or
seeking
approval
from
citizens,
in
violation
of
Section
328
of
the
Constitution.

Making
a
detailed
legal
critique
of
the
proposed
amendment
bill,
Dr
Mavedzenge
said
it
was
both
legally
and
politically
problematic,
while
dismissing
several
of
the
proposed
changes
as
deliberate
distractions.

“There
are
a
raft
of
propositions
that
are
contained
in
this
constitutional
bill.
It
is
my
respectful
view
that
a
lot
of
those
other
proposed
amendments
are
just
an
attempt
to
divert
our
attention
from
the
real
thing,”
he
said.

“The
real
thing
is
that
the
Bill
seeks
to
extend
the
president’s
term
of
office
without
holding
a
referendum.”

The
Bill
proposes
amending
Section
95(2B)
of
the
Constitution
to
increase
the
presidential
term
from
five
years
to
seven
years
and
to
allow
the
incumbent
to
remain
in
office
beyond
2028
until
2030.

Dr
Mavedzenge
said
the
issue
is
not
merely
political
but
fundamentally
constitutional.

“President
Mnangagwa
and
his
and
the
proponents
of
this
bill
implement
the
Constitution
without
following
due
process,”
he
said,
rejecting
claims
that
the
amendment
is
motivated
by
governance
efficiency
or
harmonisation
concerns.

Instead,
Dr
Mavedzenge
argued
that
the
real
driver
of
the
Bill
was
internal
ruling
party
politics.

“The
purpose
is
to
manage
Zanu
PF’s
internal
succession
crisis.
So
our
national
constitution
is
being
mutilated,
just
as
we
saw
how
the
constitutional
institutions
were
subverted
under
President
Mugabe
in
order
to
deal
again
with
an
internal
succession
battle.
And
that
led
to
the
2017
military
coup,”
he
said,
referring
to
the
events
that
ended
the
rule
of
the
late
former
President
Robert
Mugabe.

“I
think
it
is
important
for
Zimbabweans
to
keep
that
at
the
back
of
their
minds,
that
the
real
purpose
behind
this
bill,
this
planned
constitutional
coup
is
to
simply
manage
the
internal
Zanu
PF
succession
processes.”

Dr
Mavedzenge
centred
his
argument
on
Section
328(7)
of
the
Constitution,
which
sets
out
when
constitutional
amendments
must
be
subjected
to
a
referendum.

“Section
328
subsection
7
of
the
Constitution
lays
down
a
very
clear
framework
for
deciding
whether
an
amendment
to
the
Constitution
should
be
done
after
a
referendum
or
not,”
he
said.

“The
framework
is
this,
if
an
amendment
seeks
to
A,
change
a
term
limit
provision,
and
B,
has
the
effect
of
extending
the
length
of
time
that
a
person
may
hold
a
position,
then
the
amendment
must
be
subjected
to
a
national
referendum
and
cannot
benefit
the
incumbent.”

The
Bill
‘clearly’
satisfies
both
these
conditions
spelt
out
in
Section
328(7),
said
Dr
Mavedzenge.

“The
bill
presented
before
us
seeks
to
amend
Section
95
subsection
2B
of
the
Constitution
by
increasing
the
term
of
office
for
the
president
from
five
to
seven
years,”
he
said.

“This
is
not
my
interpretation.
It’s
what
is
written
in
the
bill,
to
increase
the
term
of
office
for
the
president
from
five
to
seven
years
and
to
allow
the
current
president
to
continue
in
office
beyond
2028
until
2030.
This
is
what
is
in
the
bill.”

The
central
dispute,
he
explained,
turns
on
whether
Section
95(2B)
is
a
“term
limit
provision”
within
the
meaning
of
Section
328.

“The
short
answer
is
yes,” 
Dr
Mavedzenge
said.

The
constitutional
expert
said
much
of
the
public
debate
had
been
clouded
by
“propaganda,”
meant
to
“precisely
mislead
and
confuse
people”
by 
suggesting
that
only
Section
91(2)
constitutes
a
term
limit
provision.

“Section
328
defines
a
term
limit
provision
as
follows.
And
I
want
to
quote,
because
I
think
when
we
have
a
situation
where
people
are
attaching
their
own
definitions
to
things,
we
need
to
quote
the
exact
provisions
of
the
constitution,”
Dr
Mavedzenge
said
as
he
turned
to
the
constitutional
text.

“A
term
limit
provision
is
a
provision
of
this
Constitution
which
limits
the
length
of
time
that
a
person
may
hold
or
occupy
office.”

He
stressed
that
a
term
limit
is
not
solely
about
the
number
of
terms
but
the
length
of
time.

“It
is
critical
to
clarify
that
a
term
limit
provision
is
not
about
the
number
of
times
that
a
person
may
hold
office
necessarily,
but
the
length
of
time
that
a
person
may
occupy
the
office,”
he
said.

“Section
95(2B)
defines
the
length
of
time
the
president
can
occupy
that
office.
It
sets
the
term
at
five
years.
I
don’t
know
why
there’s
confusion
about
this.”

To
drive
the
point
home,
Dr
Mavedzenge
said
if
you
ask
any
Zimbabwean
in
any
village,
or
street
when
elections
in
the
country
are
due,
they
will
tell
you
every
five
years.

“Why
do
we
hold
elections
every
five
years?
It
is
because
the
term
of
office
for
the
President
is
limited
by
Section
95(2B)
to
five
years,”
he
said.

He
rejected
arguments
that Section
91(2)
of
the
Constitution
 governs
the
five-year
cycle.

“We
do
not
hold
elections
every
five
years
because
of
Section
91(2)
because
there
is
nothing
in
Section
91(2)
which
says
elections
are
due
every
five
years,”
he
said.

Section
91
of
the
Constitution
is
titled
“Qualifications
for
Election
as
President
and
Vice
President”
while
Section
91(2)
states:
A
person
is
disqualified
for
election
as
President
or
Vice-President
if
he
or
she
has
already
held
office
as
President
under
this
Constitution
for
two
terms,
whether
continuous
or
not,
and
for
the
purpose
of
this
subsection
three
or
more
years’
service
is
deemed
to
be
a
full
term,

“That
particular
provision
goes
on
to
say
a
person
is
disqualified
for
election
as
president
if
he
or
she
has
already
served
as
president
for
two
terms,”
Mavedzenge
explained.

“But
two
terms
of
what?
You
can
only
answer
that
question
if
you
go
to
Section
95,
which
is
the
matter
of
presidential
term
limits.”

He
argued
that
Section
91(2)
merely
elaborates
on
the
two-term
cap
and
clarifies
how
a
“term”
is
calculated.

“Section
91(2)
is
explaining
and
expanding
on
the
term
limit
that
is
defined
in
Section
95,”
he
said.

“So
Section
95
is
the
cathedral
for
presidential
term
limits
in
Zimbabwe.
It
is
the
primary
provision
that
limits
the
term
of
office.”

Section
95 
of
the
constitution,
titled
Term
of
office
of
President
and
Vice-Presidents
reads:

95
(1)
The
term
of
office
of
the
President
or
a
Vice-President
commences
on
the
day
he
or
she
is
sworn
in
and
assumes
office
in
terms
of
section
94(1)(a)
or
94(3).

(2)
The
term
of
office
of
the
President
or
a
Vice-President
extends
until

(a)
he
or
she
resigns
or
is
removed
from
office;
or
(b)
following
an
election,
he
or
she
is
declared
to
be
re-elected
or
a
new
President
is
declared
to
be
elected;
and,
except
as
otherwise
provided
in
this
constitution,
their
terms
of
office
are
five
years
and
coterminous
with
the
life
of
Parliament.

Dr
Mavedzenge,
said
to
suggest
otherwise, 
is
to
ignore
both
constitutional
structure
and
judicial
precedent.

“It
does
not
need,
in
Professor
Moyo’s
language,
a
rocket
scientist,
to
know
that,
because
we
have
elections
every
five
years.
The
President
cannot
go
beyond
five
years,”
he
said.

He
cited
jurisprudence
from
the
Constitutional
Court
to
buttress
his
argument.

“In
Max
Mupungu
versus
Minister
of
Justice,
the
Constitutional
Court
has
already
identified
Section
95
as
a
term
limit
provision
at
pages
50
and
51
of
the
judgment,”
he
said.

Dr
Mavedzengee
also
referenced
a
previous
case
of
Jealous
Mawarire
versus
the
President
of
Zimbabwe,
then
Robert
Mugabe.

“In
that
matter,
the
Constitutional
Court
again
indicated
that
the
term
of
office
is
limited
to
five
years.
It
is
limited
to
five
years.
So
you
can’t
create
any
fiction
around
that
in
light
of
existing
jurisprudence
in
the
country,
but
also
practice.”

For
him,
the
combined
effect
of
constitutional
text,
structure,
and
case
law
leaves
little
room
for
ambiguity.

Beyond
the
legal
arguments,
Mavedzenge
warned
of
the
broader
democratic
consequences
of
amending
term
limits
without
popular
approval.

“When
people
are
planning
a
coup,
they
first
deploy
propaganda,
precisely
to
mislead
and
confuse
people,”
he
said.

“We
have
seen
this
in
Zimbabwe.
Whenever
electoral
coups
have
been
planned,
the
first
attempt
was
to
criminalise
opposition.
The
first
attempt
was
to
mislead
Zimbabweans
into
believing
that
the
opposition
is
some
kind
of
a
creature
that
should
never
be
allowed
to
take
over
power.”

He
drew
parallels
with
the
narrative
that
preceded
the
2017
military
intervention.

“Fast
forward
2017,
when
a
coup
was
being
planned,
we
were
told
that
the
purpose
of
this
whole
operation
is
to
remove
criminals
around
the
president.
The
same
tactics
are
being
deployed
here.”

Describing
the
proposed
amendment
as
a
“planned
constitutional
coup,”
Mavedzenge
said
the
Constitution
risks
being
reduced
to
an
instrument
of
factional
power
struggles
rather
than
a
supreme
law
reflecting
the
will
of
the
people.

“Our
national
constitution
is
being
mutilated
and
if
we
normalise
this
kind
of
manipulation,
we
undermine
the
very
foundation
of
constitutionalism,
that
those
who
exercise
public
power
must do
so
within
strict
legal
limits,”
he
said.

‘I fear for my daughter’s future’: Families in Zimbabwe struggle to survive a year after Trump’s aid cuts


V
irginia
Sibanda
worries
that
her
17-year-old
daughter
will
be
forced
to
elope
with
one
of
the
well-off
local
men
or
one
of
the
many
gold-panners
that
have
descended
on
the
nearby
Runde
River
in Zimbabwe’s
parched
Mwenezi
district.


Ravaged
by
drought
and
dry
spells 
over
the
past
few
years

a
situation
compounded
by
the
loose
soil,
sand,
and
clay
washed
into
the
waterways
by
the
panners

Mwenezi,
in
Zimbabwe’s
Masvingo
province,
is
one
of
the
poorest
villages
in
Zimbabwe,
where a
total
of
1.5
million
are
facing
hunger
 according
to
the
UN’s World
Food
Programme
 (WFP).

“Everyday
I
worry
and
fear
that
my
daughter
will
fall
pregnant
for
one
of
these
gold-panners
who
often
come
to
flash
money
in
the
community
or
that
she
might
be
enticed
into
having
sex
with
one
of
the
elderly
men
that
are
better
off,”
Sibanda
says.

“Those
who
are
panning
for
gold
are
able
to
get
some
money
and
they
are
using
that
money
to
entice
young
girls
into
sex,
with
several
young
girls
in
the
community
falling
pregnant.
I
fear
that
my
daughter
will
fall
for
this
because
of
our
situation,”
she
adds.

International
development
and
humanitarian
financing
from
the
United
States

under
the United
States
Agency
for
International
Development
 (USAID)

and
from
other
western
countries
had
been
pivotal
in
providing
food
aid
and
in
supporting
income
generating
projects
in
Zimbabwe.
With
the
impacts
of
the
climate
crisis
becoming
more
frequent
and
disruptive,
international
aid
has
been
a
key
intervention
in
resilience
and
adaptation.

However
after
the
Trump
administration
essentially
shut
down
USAID
last
year,
communities
in
the
region
have
been
hammered
hard
and
families
left
struggling
and
desperate.

Sibanda’s
daughter
dropped
out
of
school
after
the
USAID
agricultural
support
and
food
assistance
that
was
sustaining
her
family
was
abruptly
cut.
The
little
money
that
Sibanda
could
spare
for
school
fees
when
USAID
was
helping
to
provide
food
aid
is
now
being
channeled
towards
survival,
with
the
family
living
on
only
one
meal
a
day.

Families
have
been
left
struggling
thanks
to
drought (AFP
via
Getty
Images)

Dropping
her
daughter,
and
another
of
her
children,
out
of
school
was
a
painful
but
necessary
decision
for
the
family.
Sometimes
Sibanda
stays
awake
at
night,
pondering
over
the
future
of
her
children
tears
welling
up
in
her
eyes
as
she
describes
the
family’s
plight
and
her
fears
over
her
daughter’s
prospects
with
life.
“There
are
no
jobs;
there
is
nothing
to
talk
about
regarding
employment
prospects,”
she
says.

An
outbreak
of
January
Disease

a
tick-borne
disease
prevalent
during
the
rainy-season
from
December
to
March

has
decimated
family
cattle
herds
in
that
people
in
Mwenezi
often
sell-off
to
sustain
livelihoods
or
pay
for
school
feeds.

Earlier
rains
for
the
current
cropping
season
brought
hopes
of
bumper
harvests
but
that
too
is
quickly
turning
to
despair
as
the
current
and
lengthier
dry
spell
in
several
of
the
country’s
provinces
has
dented
expectations
of
meaningful
yields
of
the
staple
maize
crop.

The
UN’s
WFP
and
Food
and
Agriculture
Organisation
have
been
providing
food
assistance
in
other
parts
of
Mwenezi
and
Zimbabwe
but
not
in
Sibanda’s
area
this
year.

The
WFP
says
it
is
stretched
for
resources;
where
it
was
planning
to
assist
538,000
people
with
food
assistance
during
the
current
season,
it
will
only
manage
to
provide
food
aid
to
fewer
than
200,000
people
in
four
of
Zimbabwe’s
10
provinces.

‘A
high
increase
in
poverty’

Yet
it’s
not
just
in
Zimbabwe
where
communities
that
counted
on
international
aid
funding
for
livelihood
and
food
programs
are
now
struggling
to
move
on
with
life
after
the
shutdown
of
USAID.

Malawi has also been hit hard by Donald Trump's aid cuts
Malawi
has
also
been
hit
hard
by
Donald
Trump’s
aid
cuts (AFP
via
Getty
Images)

In
neighbouring
Malawi,
the
level
of
vulnerability
and
poverty
has
intensified
since
Trump
slashed
aid
funding,
Sekai
Mudonhi,
Malawi
country
representative
for
Catholic
Relief
Services
(CRS),
tells The
Independent
.

“Agriculture
programmes…
have
been
affected
by
the
aid
funding
cuts
and
once
agriculture
is
affected
you
will
have
a
high
increase
in
food
insecurity
and
the
poverty
and
level
of
vulnerability
just
increases,”
she
says.

Funded
by
USAID
and
other
donors,
CRS
and
other
Catholic
charities
such
as
CAFOD
taught
farmers
in
Southern
Africa
new
agriculture
techniques to
adapt
to
climate
change
impacts
,
helping
to
reduce
these
issues.

They
also
helped
to
drill
boreholes
in
dry
areas,
bringing
to
life
gardens
that
also
acted
as
income
generating
projects
for
communities
and
individual
rural
farmers.

One
of
the
projects
that
CRS
ran
in
Malawi
involved
the
disbursement
of
cash
transfers
to
communities
which
assisted
with
buying
of
food
after
climate
shock
events
such
as
cyclones,
flooding
and
droughts.

“They
[communities]
were
banking
on
that
support,”
says
Mudonhi,
adding
that
she
and
her
team

most
of
whom
have
also
had
to
be
laid
off

“had
to
go
back
to
the
communities
and
tell
them
that
that
support
will
no
longer
be
coming”
due
to
the
new
policy
under
Trump.

‘I
can’t
imagine
what
they
are
going
through’

In
Zimbabwe,
Amos
Batisayi
has
also
witnessed
first-hand
the
impact
of
the
withdrawal
of
US
and
other
international
funding.
He
worked
with
the
Mwenezi
District
Training
Center
(MDTC),
a
local
NGO
that
utilised
USAID
funding
for
community
development
and
humanitarian
programs
in
the
Masvingo
province.

Amos Batisayi speaks to one of the female beneficiaries of Mwenezi District Center for Training (MDTC) in Zimbabwe. US funding for most of these programmes was cut by the Trump administration in 2025

Amos
Batisayi
speaks
to
one
of
the
female
beneficiaries
of
Mwenezi
District
Center
for
Training
(MDTC)
in
Zimbabwe.
US
funding
for
most
of
these
programmes
was
cut
by
the
Trump
administration
in
2025 (Mwenezi
District
Center
for
Training
(MDTC))

He
says
that
the
organisation
was
targeting
dry
areas
with
boreholes
for
water
access
for
agriculture
and
community
water
drinking
in
remote
areas.
MDTC,
using
USAID
funding,
also
ran
vocational
training
programmes
for
unemployed
youths
and
provided
support
for
income
generating
projects
in
remote
areas
such
as
Chiredzi.

With
USAID
shut
down,
irrigation
schemes
and
gardens
that
had
been
brought
to
life
through
rehabilitation
and
drilling
of
new
boreholes
are
now
in
trouble.
This
means
that
communities
in
remote
and
hard
to
reach
areas
such
as
Chiredzi
where
villagers
walk
up
to
three
miles
(five
kilometres)
to
get
to
the
nearest
water
source
are
now
struggling.

“Now
all
these
programmes
have
all
stopped
and
this
means
that
our
communities,
villagers
and
farmers
are
no
longer
able
to
generate
an
income,
making
their
lives
all
the
more
difficult;
I
cant
imagine
what
they
are
going
through,”
Batisayi
says.

One
such
beneficiary
of
the
USAID-funded
programs
under
MDTC
was
Silence
Ncube
from
Ramadhaka
Village
in
Chiredzi
South,
some
270
miles
from
the
capital
Harare.

Ncube
enrolled
for
vocational
training
as
a
bricklayer
through
financial
assistance
from
USAID
while
others
in
her
community
were
given
the
ability
to
start
raising
chickens
and
begin
vegetable
gardening.

This,
she
says,
provided
valuable
skills,
income
opportunities
and
access
to
clean
water.
But
when
the
stop
orders
for
financing
of
such
initiatives
under
USAID
were
issued
by
the
Trump
administration
last
year,
Ncube
and
her
community
were
hit.

Silence Ncube and Meriyini Baloyi constructing pit latrine toilet at Ramadhaka community Borehole in Chiredzi. USAID supported vocational training for community members

Silence
Ncube
and
Meriyini
Baloyi
constructing
pit
latrine
toilet
at
Ramadhaka
community
Borehole
in
Chiredzi.
USAID
supported
vocational
training
for
community
members (Mwenezi
District
Center
for
Training
(MDTC))

Their
lives
and
sources
of
livelihoods
ground
to
a
halt
and
hopes
for
the
future
turned
bleak.
Today,
they
are
“struggling
to
move
on
with
life”,
she
says.

‘The
energy
to
go
panning’

The
challenges
of
the
severe
drop
in
US
funding
have
prompted
NGOs

previously
focused
more
on
competition
to
secure
funding

to
increasingly
focus
on
collaboration
and
sharing
of
resources,
skills
and
data.

It
is
a
shift
that
is
fuelling
a
broader
rethink
regarding
international
aid,
according
to
Matthias
Spaeth,
Zimbabwe
country
director
for
Welt
Hunger
Hilfe.
He
says
that
the
problem
of
international
aid
funding
cuts
is
bigger
than
USAID,
as
countries
like
the
UK
also
cut
funding.

He
adds
that
his
biggest
fear
regarding
the
impact
of
cuts
to
development
aid
is
that
“nothing
changes”
in
the
future
and
the
cuts
come
coming
at
a
time
when
communities
are
in
dire
need.

Back
in
Mwenezi,
Sibanda
hopes
that
one
day
soon
donors
such
as
the
UN
agencies
that
will
return
assist
with
food
rations
so
that
she
can
be
able
to
go
and
pan
for
gold

the
price
of
which
has
skyrocketed
on
international
markets.

“If
we
can
get
donors
who
can
assist
us
with
food
then
we
can
have
the
energy
to
go
panning
for
gold
or
if
we
are
lucky
we
can
get
some
money
for
income
generating
programmes
such
as
farming,”
she
says.


This
article
has
been
produced
as
part
of
The
Independent’s 
Rethinking
Global
Aid
 project

Source:


‘I
fear
for
my
daughter’s
future’:
Families
in
Zimbabwe
struggle
to
survive
a
year
after
Trump’s
aid
cuts

|
The
Independent

Donald Trump Has Choice Words For SCOTUS Justices In The Wake Of Their Tariff Decision – Above the Law

(Photo
by
Mark
Wilson/Getty
Images)



Ed.
note
:
Welcome
to
our
daily
feature, Quote
of
the
Day
.


The
Supreme
Court’s
ruling
on
tariffs
is
deeply
disappointing,
and
I’m
ashamed
of
certain
members
of
the
court,
absolutely
ashamed,
for
not
having
the
courage
to
do
what’s
right
for
our
country
.



— Donald
Trump,
in
comments
given

during
a
press
conference

he
called
to
speak
about
the
Supreme
Court’s
6-3
decision
striking
down
the
president’s
sweeping
tariffs
instituted
via
executive
order
under
the
International
Emergency
Economic
Powers
Act. Trump
went
on
to
praise
Justices
Thomas,
Alito,
and
Kavanaugh
for
their
dissents,
while

referring

to
the
liberal
justices
as
a
“disgrace
to
our
nation.”





Staci
Zaretsky
 is
the
managing
editor
of
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to email her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

On-Demand Webinar: What Winning Expert Testimony Looks Like – Above the Law

Whether
you’re
cross-examining
or
putting
forth
an
expert
witness,
effectively
managing
their
testimony
is
a
difficult
task.

Experts
must
garner
the
respect
of
the
judge
and
jury
while
also
defending
their
own
credibility

a
precarious
balancing
act,
particularly
when
faced
with
effective
cross-examination.

In
this
webinar,
Above
the
Law’s
Bob
Ambrogi
is
joined
by
litigator
Ryan
Baker
of
Waymaker
LLP
and
Dr.
Tom
Smith
of
Emory
University,
an
experienced
expert
witness,
to
explore
all
things
expert
testimony
in
2026.

You
can
register
to view
the
full
webinar
on-demand
here

(CLE
is
available),
and
read
on
for
some
highlights
from
the
discussion.


A
‘Winning
Combination

What
makes
an
effective
expert
witness?
Here,
Tom
weighs
in
on
the
important
traits.


The
Importance
of
Being
‘Reasonable’

Experts
can
harm
their
own
credibility
when
they
seem
closed
off
to
opposing
perspectives,
Ryan
notes.
Here,
he
shares
some
thoughts
on
that
dynamic.


Approaching
Experts
as
a
Lawyer

The
panelists
explored
expert
witness
practice
in
depth
in
this
webinar.
Here,
Ryan
shares
one
quick
deposition
tip.


Hear
the
Full
Conversation

Looking
for
more
on
all
things
expert
witness? Register
for
the
full
webinar
on-demand
here.

The
discussion
explores:


What
“winning”
expert
testimony
looks
like

Examples
of
expert
testimony
from
notable
cases

How
effective
lawyers
cross-examine
experts

How
top
expert
witnesses
translate
specialized
jargon
for
factfinders

Trends
in
expert
witness
preparation,
including
the
role
of
technology 

BREAKING: Supreme Court Justices Hate Each Other Like Poison – Above the Law

This
morning,
the
nine
Supreme
Court
justices
spent
170
pages

whacking
the
crap
out
of
each
other
.
Also,
they
declared
Trump’s
“emergency”
tariffs
illegal,
which
everyone
who
listened
to

oral
argument

knew
was
inevitable.
The
Constitution
gives
Congress
the
right
to
enact
levies,
and
the
International
Emergency
Economic
Powers
Act
(IEEPA)
does
not
authorize
the
president
to
unilaterally
enact
a
constantly
shifting
scheme
of
tariffs
based
on
whoever
fails
to
genuflect
sufficiently
on
any
given
day.

No
shit,
dude.

Trump:
“So
I
put
on
a
30%
tariff,
which
is
very
low.
I
got
an
emergency
call
from
I
believe
the
prime
minister
of
Switzerland.
She
was
very
aggressive

I
didn’t
really
like
the
way
she
talked
to
us,
so
instead
of
giving
her
a
reduction,
I
raised
it
to
39%.”



Aaron
Rupar
(@atrupar.com)


2026-02-10T21:18:04.389Z

The
only
real
question
was
how
long
it
would
take
them
to
publish
the
opinion
and
how
ugly
it
would
be

with length
of
time
between
argument
and
opinion
correlating
directly
with
cumulative
vituperation.

In
the
event,
it
took
almost
four
months,
enough
time
for
Justice
Kavanaugh
to
barf
out
four
pages
insisting
that
Trump

does,
too

have
the
power
to
shout
emergency
and
do
whatever
he
wants,
plus
59
pages
explaining
how
this

does
not

contradict
the
major
questions
doctrine.
The
Calvinball
rule
the
conservative
justices
dummied
up
to
restrain
Democratic
presidents
is
alive
and
well,
he
insists

just
not
when
a
Republican
is
in
the
White
House.

Chief
Justice
Roberts,
who
wrote
the
majority/plurality
opinion,
spent
much
of
it
slagging
Kavanaugh
for
parroting
the
Trump
administration’s
arguments
uncritically.

“The
central
thrust
of
the
Government’s
and
the
principal
dissent’s
proposed
exceptions
appears
to
be
that
ambiguous
delegations
in
statutes
addressing
‘the
most
major
of
major
questions’
should
necessarily
be
construed
broadly,”
he
sniffed,
adding
that
the
government’s
briefs
are
“echoed
point-for-point
by
the
principal
dissent.”

The
major
questions
doctrine,
and
its
freckle-faced
sibling,
the
non-delegation
doctrine,
animate
the
entire
order.
Chief
Justice
Roberts,
along
with
Justices
Barrett
and
Gorsuch
agree
that
Congress
could
not
possibly
have
given
Trump
tariff
authority
without
saying
so
with
their
full
chest.
The
three
liberal
justices
refused
to
join
in
the
part
of
the
holding
based
on
shit
conservatives
just
made
up
to
ensure
that
the
EPA
couldn’t
rein
in
polluters,
although
they
agreed
with
the
part
about
there
being
no
secret
proviso
in
IEEPA
that
gives
the
president
the
power
to
screech
tariffs
into
existence
on
social
media.

This
prompted
a
45-page
lecture
from
Justice
Gorsuch
on
the
sacred
virtues
of
the
major
questions
doctrine.
Indeed,
none
of
his
female
colleagues
were
spared;
Gorsuch
heaped
extra
scorn
on
Justice
Barrett
for
suggesting
that
one
might
infer
a
congressional
delegation
of
authority
from
context.

Barrett
crafted
her
own
concurrence,
mostly
as
a
response
to
Gorsuch’s
attack.

“If
JUSTICE
GORSUCH
thinks
that
we
should
forgo
the
most
natural
reading
of
a
statute
because
it
is
preferable
for
Congress,
rather
than
the
President,
to
make
big
decisions,
that
way
lies
‘a
lot
of
trouble’
for
the
textualist,”
she
sighed.

Justice
Kagan
has
clearly
had
quite
enough
of
Gorsuch
patronizingly
douchesplaining
HOW
TO
LAW
GOOD.

“Given
how
strong
his
apparent
desire
for
converts,
see
ante,
at
2–26,
I
almost
regret
to
inform
him
that
I
am
not
one,”
Justice
Kagan
wrote
in
a
dissent
joined
by
Justices
Sotomayor
and
Jackson,
adding
that
“I’ll
let
JUSTICE
GORSUCH
relitigate
on
his
own
our
old
debates
about
other
statutes,
unrelated
to
the
one
before
us.”

Justice
Thomas
spent
17
pages
peering
into
the
psyches
of
the
Framers
to
divine
their
thoughts
on
the
president’s
right
to
levy
tariffs

Shocker,
they’re
for
it!

padded
with
dozens
of
cites
to
his
own
prior
writings.

And
Justice
Jackson
chimed
in
to
add
that,
if
you
want
to
go
spelunking
to
determine
legislative
intent,
the
proper
inquiry
doesn’t
begin
in
the
1770s
but
in
the
1970s
when
IEEPA
was
passed.

It
was
a
slugfest,
with
the
Court’s
conservatives
bludgeoning
each
other
over
the
issue
of
whether
the
locus
of
power
should
be
in
the
unitary
executive,
or
the
Court
itself.
Why

shouldn’t

the
conservatives
take
this
opportunity
to
block
any
law
or
executive
action
they
don’t
like
when
they
have
a
6-3
majority?

Jesus,
Brett,
get
with
the
program!

And
meanwhile,
no
justice
explained
how
to
unwind
this
mess
and
refund
the
$200
billion
in
tariffs
paid
by
American
companies
and
consumers

although
Kavanaugh
cited
the
chaos
as
a
reason
to
let
Trump
keep
violating
the
law
forever.
Probably
something
they
should
have
considered
before
they
let
the
president
collect
them
for
a
year,
even
after
lower
courts
said
it
was
totally
illegal?

Anyway,
here’s
the
president
with
his
very
rational
response.

Les Wexner’s Lawyer’s Deposition Advice: ‘I’ll F-ing Kill You If You Answer Another Question With More Than Five Words, OK?’ – Above the Law

(Screenshot
via
YouTube)


I
know
Victoria’s
Secret
And
girl,
you
wouldn’t
believe
She’s
an
old
man
who
lives
in
Ohio
Making
money
off
of
girls
like
me

In
2022,
Jax
put
out
a
song
called
Victoria’s
Secret
calling
out
how
Les
Wexner
is
horrible
for
profiting
off
women’s
insecurities.
The
artist
probably
should
add
another
verse
to
cover
Wexner’s
close
ties
with
Jeffrey
Epstein.
Because
that
seems
simultaneously
way
worse
and
thematically
connected.

Wexner
submitted
to
a
House
Oversight
deposition
this
week,
and

like
a
lot
of
old,
rich,
self-important
men

rambled
a
bit.
Until
his
attorney,
Michael
Levy,
stepped
in
with
a
contender
for
best
hot
mic
moment
of
the
year.

“I’ll
fucking
kill
you
if
you
answer
another
question
with
more
than
five
words,
OK?”

Social
media
is
divided
over
this
moment
between
lawyers
and
non-lawyers.
The
latter
are
incensed
and
see
this
as
another
example
of
a
rich
guy
avoiding
accountability
with
a
high-priced
lawyer’s
protection.
The
lawyers
see
it
as…
“man,
been
there.”

The
non-lawyer
reaction
is
understandable,
but
rambling
is
usually
not
in
anyone’s
interest.
While
rambling
can
involve
the
witness
spilling
the
beans
on
something
important,
it’s
more
likely
wasting
everyone’s
time.
The
lawyer
taking
the
deposition
has
limited
time
and
specific
questions
they
need
answered.
If
they
need
more
than
the
“five
word”
answer,
they’ll
ask
for
it.

Speaking
of
old,
rich,
self-important
men
losing
the
plot
at
a
deposition,
Wexner
should
thank
his
lawyer
for
stopping
him
before
he
took
a
page
from
the
deposition
of
former
LA
Clippers
owner
Donald
Sterling.
In
2003,
Sterling
gave
us
this
all-timer
of
a
deposition
transcript:

Hang
it.
In.
The
Louvre.




HeadshotJoe
Patrice
 is
a
senior
editor
at
Above
the
Law
and
co-host
of

Thinking
Like
A
Lawyer
.
Feel
free
to email
any
tips,
questions,
or
comments.
Follow
him
on Twitter or

Bluesky

if
you’re
interested
in
law,
politics,
and
a
healthy
dose
of
college
sports
news.
Joe
also
serves
as
a

Managing
Director
at
RPN
Executive
Search
.

Penn Law Students Host Rights Training For ICE Encounters – Above the Law

Law
students
have
stood
brave
in
the
fight
to
minimize
ICE’s
trampling
on
the
Constitution.
And
it’s
a
hell
of
a
fight

concentrating
judicial
and
legislative
authority
in
the
hands
of

the
executive
branch
is
ripe
ground
for
tyranny
.
But
they
fight
on,
by

equipping
their
their
communities
with
anti-ICE
hotlines

or

trying
to
throw
a
wooden
shoe
in
the
hiring
process
.
Penn
Law
has
joined
in
on
the
effort
with
free
trainings
to
inform
a
city

being
openly
targeted
by
the
Trump
administration
.

The
DP

has
coverage:

University
of
Pennsylvania
Carey
Law
School
student
groups
hosted
a
training
about
rights
in
the
face
of
immigration
enforcement
on
Tuesday.
The
Feb.
17
Immigration
Know
Your
Rights
Training
aimed
to
give
attendees
a
plan
of
action
should
they
encounter
United
States
Immigration
and
Customs
Enforcement
officers
in
Philadelphia.

After
the
event,
organizers
distributed
Immigration
Know
Your
Rights
cards
which
outlined
the
constitutional
rights
of
citizens
and
noncitizens,
and
contained
information
about
what
to
do
in
the
case
of
an
interaction
with
an
ICE
agent.

As
important
as
it
is
to
have
protocol
in
place
for
how
things
should
go
in
an
ICE
encounter,
the
unfortunate
reality
is
that
a
shamefully
sizeable
amount
of
the
executive
either
don’t
know
enough
about
the
Constitution
for
it
to
change
how
they
do
their
jobs,
or
are
openly
ignoring
it
so
they
can
say
and
do
things
that
must
seem
really
cool
to
a
6-year-old
who
still
believes
wrestling
is
real:

Know
your
rights,
but
also
know
they
aren’t
worth
as
much
when
the
executive
is

openly
defying
court
orders
,

illegally
jailing
by
the
thousands
,
and

killing
nurses
for
protecting
women
.
Be
careful
out
there.
Rights
training
is
a
good
start,
but
the
real
end
is
abolishing
ICE.


Penn
Carey
Law
Student
Groups
Host
Immigration
Know
Your
Rights
Training

[The
DP]


Earlier
:

Law
School
Arms
Students
With
Anti-ICE
Hotline
To
Protect
The
Community


Georgetown
Law
Students
Petition
To
Keep
Their
School
From
Becoming
An
ICE
Recruitment
Center


Law
School
National
Survey
Shows
Support
For
ICE
Is
Melting



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
is
learning
to
swim, is
interested
in
critical
race
theory,
philosophy,
and
humor,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected]
and
by
tweet
at @WritesForRent.

Authoritarian Chic: DOJ Debuts Massive Trump Banner – Above the Law

Photographer:
Al
Drago/Bloomberg
via
Getty
Images

There
was
a
time
when
the
Department
of
Justice
operated
in
isolation
from
political
whims.
That
era
appears
to
be
officially
over.

Welcome
to:

The
Rule
of
Law
,
sponsored
by
Donald
Trump!

A
massive
new
banner
now
hangs
at
DOJ
headquarters,
featuring
a
glowering
image
of
Donald
Trump
looming
over
the
words
“MAKE
AMERICA
SAFE
AGAIN.”
It’s
the
kind
of
visual
you
expect
outside
a
rally
or
pasted
onto
merch,
not
installed
at
the
nation’s
chief
law
enforcement
agency.
And
yet,
here
we
are,
marinating
in
what
can
only
be
described
as
peak
authoritarian
aesthetic.

If
you
were
worried
that
Trump’s
second-term
takeover
of
the
DOJ
might
still
have
some
guardrails,
the
banner
is
here
to
reassure
you
nope!

Early
in
Trump’s
second
term,
Attorney
General
Pam
Bondi

rebranded
the
Department
of
Justice

into
what
can
only
be
described
as
Trump’s
personal
law
firm.
Under
her
direction,
DOJ
has
advanced
paper-thin
cases
against
Trump’s
political
and
personal
enemies
like

James
Comey
,

Letitia
James
,
and

John
Bolton

while
conveniently
redefining
“prosecutorial
discretion”
to
mean
“whatever
the
boss
wants
today.”

And
this
banner
is
a
full-volume
declaration
that
DOJ
now
exists
to
serve
one
man
and
his
brand.

A
fact
folks
are
noticing.
Former
Rep.
Barbara
Comstock
summed
it
up
with
brutal
efficiency,
“Nothing
says
Justice
is
Blind
like
hanging
a
Dear
Leader
Banner
at
DOJ…”

Republican
strategist
Sarah
Longwell
was
even
less
restrained,
saying,
“Can’t
imagine
why
people
call
him
a
fascist.”

Former
George
W.
Bush
speechwriter
David
Frum
put
a
finer
point
on
it,
“The
Trump
DoJ
is
a
pure
creature
of
presidential
whim,
retribution,
and
cover-up

so
this
banner
has
the
virtue
of
candor
at
least.”

Ouch.
And
that
criticism
is
coming
from
Trump’s
own
party.

The
banner
also
arrives

amid

an
ongoing

brain
drain

at
the
department,
as
career
attorneys
continue
to
flee
rather
than
lend
their
law
licenses
to
what
increasingly
looks
like
a
grievance
machine
with
subpoena
power.
When
the
message
from
leadership
is
that
loyalty
to
Trump
matters
more
than
fidelity
to
the
law,
the
people
who
still
care
about
the
latter
tend
to
head
for
the
exits.

Symbols
matter,
particularly
to
authoritarian
regimes.
And
plastering
the
visage
of
Trump
with
a
cult-of-personality
slogan
over
the
headquarters
of
federal
law
enforcement
is
a
disturbing
image
to
say
the
least.




Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].