America To Deny Visas To Zimbabweans Involved In Corruption, Undermining Democracy


7.12.2023


11:08

The
United
States
Secretary
of
State,
Antony
Blinken,
has
introduced
new
regulations
aimed
at
individuals
who
undermine
democracy
in
Zimbabwe.
These
regulations
specifically
target
those
involved
in
election
rigging,
human
rights
violations,
and
abuse
of
the
judicial
system
during
electoral
processes.


Additionally,
the
policy
also
focuses
on
individuals
who
impede
the
operations
of
Non-Governmental
Organizations
(NGOs)
and
Civil
Society
Organizations
(CSOs)
due
to
the
implementation
of
the
Private
Voluntary
Organizations
(PVO)
Bill, NewZimbabwe reported
citing
Blinken.
Blinken
said:

Under
this
policy,
the
United
States
will
pursue
visa
restrictions,
pursuant
to
Section
212(a)(3)(C)
of
the
Immigration
and
Nationality
Act,
for
individuals
believed
to
be
responsible
for,
or
complicit
in,
undermining
democracy
in
Zimbabwe.

Such
acts
may
include
manipulating
or
rigging
the
electoral
process;
disenfranchising
voters
or
preventing
individuals
from
exercising
their
right
to
vote;
excluding
members
of
the
political
opposition
from
electoral
processes;
restricting
the
ability
of
civil
society
organizations
(CSOs)
to
operate
and
engage
in
democratic,
governance,
or
human
rights
related
activities;
or
intimidation
of
voters,
election
observers,
or
CSOs
through
threats
or
acts
of
physical
violence.

They
may
also
include
engaging
in
corrupt
acts,
including
bribery,
that
undermine
the
electoral
process;
interfering
with
the
independent
operation
of
the
judiciary
during
its
adjudication
of
electoral
cases;
or
abusing
or
violating
human
rights
in
Zimbabwe.

President
Emmerson
Mnangagwa’s
attempts
to
re-establish
a
relationship
with
the
United
States
have
faced
obstacles
since
he
assumed
power
in
2017.
Many
high-ranking
officials
in
the
ruling
Zanu
PF
party,
as
well
as
some
government
officials,
are
already
subject
to
U.S.
sanctions,
preventing
them
from
travelling
to
the
United
States
for
personal
reasons.

The
strained
relationship
between
the
two
countries
has
been
exacerbated
by
Zimbabwe’s
deteriorating
human
rights
record
and
the
disputed
August
elections,
which
did
not
meet
international
standards.
These
ongoing
issues
have
contributed
to
the
persistence
of
tensions
between
Zimbabwe
and
the
United
States.

Post
published
in:

Featured

Zimbabwe Seeks Loans From UK Banks As It Grapples With Significant Debt Burden


As
of
September,
the
total
public
and
public
guaranteed
debt
stood
at
US$17.7
billion,
with
72%
being
foreign
debt
and
28%
local
debt,
Finance
Minister
Mthuli
Ncube
revealed
in
the
2024
National
Budget
proposal
last
week.
This
means
that
the
government
owes
a
lot
of
money
to
both
international
and
domestic
creditors.

To
meet
its
financial
obligations,
the
government
is
now
in
talks
with
Broughton
Capital
for
a
loan
of
US$100
million,
according
to newZWire.
Broughton
Capital,
which
claims
to
have
arranged
debt
syndication
of
close
to
US$2
billion
for
Thailand’s
infrastructure,
could
be
a
potential
source
of
funding
for
Zimbabwe.
Additionally,
the
government
is
also
negotiating
with
Dinosaur
Merchant
Bank,
another
UK-based
investment
bank,
for
a
loan
of
US$125
million.

Furthermore,
Zimbabwe
is
expecting
to
receive
loans
from
ABSA
and
Standard
Bank
in
2024.
The
two
South
African
banks
have
raised
US$193
million
for
the
construction
of
hospitals
and
clinics
in
the
country.
The
loan
disbursement
is
set
to
begin
with
an
initial
amount
of
US$105
million.
This
funding
will
be
used
to
compensate
UK
infrastructure
company
NMS
for
its
work
in
building
healthcare
facilities
in
Zimbabwe.

Given
the
challenging
debt
situation,
Zimbabwe
is
exploring
alternative
sources
of
funding
to
address
its
financial
obligations.
While
larger
global
lenders
remain
sceptical,
mid-tier
banks
and
partnerships
with
foreign
entities
offer
potential
solutions.
However,
Zimbabwe
must
take
measures
to
improve
its
credit
record
and
long-term
financial
stability.

Zimbabwe
has
been
using
its
mineral
resources
as
collateral
to
secure
loans.
In
February
2023,
the
country
borrowed
US$400
million
from
the
Africa
Export-Import
Bank
(Afreximbank)
for
budget
support
and
trade-related
infrastructure.
To
repay
this
loan,
Zimbabwe
will
use
35%
of
the
export
proceeds
from
platinum
sales,
which
are
managed
by
the
Reserve
Bank
of
Zimbabwe
(RBZ).
This
loan
has
a
maturity
period
of
6
years
and
carries
an
interest
rate
of
10.2%.
The
government
considers
it
a
significant
achievement,
as
it
has
been
challenging
for
Zimbabwe
to
access
external
finance,
especially
for
budget
support,
for
over
two
decades.

In
addition
to
platinum,
Zimbabwe
also
uses
gold
and
diamonds
as
collateral
for
loans.
These
valuable
mineral
resources
serve
as
guarantees
for
lenders,
providing
them
with
an
assurance
that
they
will
be
repaid.
There
are
concerns
among
some
people
that
the
minerals
in
Zimbabwe
are
being
misused.
The
Zimbabwe
Coalition
on
Debt
and
Development
(ZCODD),
for
example,
believes
that
the
loans
obtained
using
minerals
as
collateral
benefit
only
a
select
few
individuals,
which
they
consider
to
be
unfair.

Post
published
in:

Featured

High Court reserves ruling in Tshabangu ballot challenge against recalled MPs


Tshabangu,
who
claims
to
be
the
party’s
interim
secretary
general,
recalled
14
lower
house
legislators
and
eight
senators
in
October
this
year
claiming
that
they
had
ceased
to
be
CCC
members.

The
MPs
would
later
lose
two
appeals
filed
with
the
High
Court
and
the
Supreme
Court.

They
however
successfully
filed
their
nomination
papers
for
the
by-elections
under
CCC
in
what
triggered
the
latest
challenge
by
Tshabangu.

When
the
case
was
argued
Wednesday,
Tshabangu’s
lawyer
Lewis
Uriri
said
the
14
MPs
should
not
contest
under
the
name
of
a
party
from
which
they
were
recalled.

“They
were
recalled
and
as
a
result,
by-elections
were
called
for.

“We
submit
that
ZEC
should
not
have
accepted
nomination
papers
of
recalled
members
without
confirmation
of
their
restoration
to
the
party,”
Uriri
argued.

Tshabangu
filed
his
application
citing
CCC
as
the
first
applicant.

In
a
turn
of
events,
CCC
party
led
by
Nelson
Chamisa
sought
to
be
joined
in
the
proceedings.

Uriri
insisted
that
the
CCC
which
joined
the
proceedings
was
bogus.

“There
was
one
CCC
before
Munamato
Mutevedzi
(the
judge
who
dismissed
the
MPs
appeal
before
the
High
Court);
not
two.

“An
allegation
was
that
Tshabangu
was
an
impostor.
That
allegation
failed.
This
court
found
the
recall
was
not
false.
This
court
having
validated
that
recall
it
was
not
proper
for
them
to
file
papers
under
the
same
party,”
Uriri
said,
adding
that
the
Constitution
submitted
by
CCC
was
“a
fabrication”.

In
response,
Alec
Muchadehama,
representing
the
recalled
legislators,
argued
the
High
Court
had
no
jurisdiction
to
hear
the
case.

“In
our
papers,
we
raise
a
number
of
preliminary
issues
and
we
still
stand
by
them.
This
court
has
no
jurisdiction
to
entertain
this
matter.

“It
is
an
electoral
matter
which
ought
to
have
been
filed
in
the
Electoral
Court.”

Muchadehama
also
said
Tshabangu’s
request
has
been
overtaken
by
events.

“Ballot
papers
have
already
been
printed
and
sent
to
constituencies
in
readiness
for
the
election.

“All
systems
are
now
in
place
for
the
election
to
be
heard.
To
take
submissions
already
overtaken
by
events
will
be
pointless,”
he
said.

Agency
Gumbo,
representing
CCC,
complained
Tshabangu’s
application
was
being
brought
through
the
back
door.

“Before
this
court
is
a
review
application
disguised
as
an
application
for
declaration,”
he
said,
adding
that
the
process
should
have
been
executed
under
the
Electoral
Court.

“This
application
is
being
taken
in
through
the
back
door,”
Gumbo
said.

“You
cannot
seek
to
smuggle
a
review
application
where
a
process
for
review
application
has
even
been
provided
for.

“I
submit
that
this
application
must
fail.
This
application
is
full
of
misrepresentations
and
fake
lies.
A
litigant
who
brings
false
information
to
the
court
to
seek
protection
should
be
frowned
upon.

“The
first
applicant
makes
a
claim
that
respondents
were
sponsored
by
CCC
which
has
Tshabangu
as
its
interim
secretary
general
which
is
false,”
he
said.

The
judge
interjected
stating
that
the
lawyers
were
contradicting
themselves.

“By
your
own
submission,
you
seem
to
be
recognising
Tshabangu
as
not
bogus
but
a
member
who
belongs
to
another
party
also
called
CCC.
If
there
was
no
constitution,
why
then
did
you
call
him
an
impostor?”

The
judge
also
queried
why
there
was
only
one
political
party
before
his
colleague
Mutevedzi
when
the
recalled
MPs
challenged
their
recall.

He
said
parties
were
making
it
difficult
for
him
because
there
was
nothing
much
to
distinguish
the
two
CCCs.

Uriri,
in
his
closing
submissions,
also
said
the
respondents
were
seeking
to
confuse
the
court.

“They
are
now
disputing
this
saying
its
two
different
parties
which
go
by
the
same
name
yet
in
fact
they
called
Tshabangu
an
impostor
in
a
case
before
Mutevedzi
and
in
a
case
before
the
Supreme
Court.

“They
even
categorically
stated
that
they
had
reported
him
to
the
police
yet
now
they
are
making
allegations
of
two
political
parties,”
he
said.

In
response,
Muchadehama
said
this
was
the
reason
why
the
case
was
complex
for
a
court
which
is
not
an
Electoral
Court.

“This
is
why
we
said
this
court
has
no
jurisdiction
to
hear
this
matter,”
he
said
before
judgement
was
reserved.

Post
published
in:

Featured

Chaos at a government jobs fair in economically troubled Zimbabwe underscores desperation for work

The
chaos
came
as
job
seekers
rushed
to
register
for
potential
vacancies,
but
no
serious
injuries
were
reported.

The
crush
of
people
illustrated
the
growing
distress
over
the
lack
of
formal
jobs
in
the
southern
African
nation
of
15
million
people,
which
has
been
hit
by
long-running
economic
problems.
Hundreds
turned
up
for
the
fair
in
the
capital,
Harare,
holding
envelopes
with
their
resumes
and
college
certificates.
They
were
hoping
to
be
registered
on
a
database
of
job
seekers.

People
stomped
on
each
other
in
the
rush
to
access
a
large
hall
where
the
registration
was
taking
place.
Security
guards
used
batons
to
restore
order,
but
people
still
surged
forward.

Last
month,
31
people
died
in
a
crush
at a
military
recruitment
event
 at
a
stadium
in
the
Republic
of
Congo
as
large
crowds
of
young
people
gathered
to
register
to
join
the
army,
one
of
the
few
institutions
in
that
country
still
offering
employment.

Zimbabweans Reacting Angrily to US Visa Restrictions Announced by Blinken


Zimbabwe’s
ruling
ZANU-PF
party
is
reacting
angrily
to
a
new
visa
restriction
policy
which
U.S.
Secretary
of
State
Antony
Blinken
announced
this
week,
aimed
at
people
accused
of
undermining
democracy
in
the
southern
African
nation.
The
opposition
is
berating
the
United
States
for
the
latest
move.Lawrence
Socha,
spokesperson
at
the
U.S.
Embassy
in
Harare,
told
VOA
that
the
new
visa
restriction
policy
would
affect
individuals
believed
to
be
responsible
for
or
complicit
in
undermining
democracy.

He
said
that
may
include
manipulating
or
rigging
the
electoral
process,
disenfranchising
voters,
restricting
the
work
of
civil
society
organizations,
or
intimidating
voters.

“Such
acts
might
also
include
engaging
in
corruption,
including
bribery
that
undermines
the
electoral
process,
interfering
with
the
independent
operation
of
the
judiciary,
or
abusing
or
violating
human
rights
in
Zimbabwe,”
said
Socha.
“The
visa
restriction
policy
will
apply
to
specific
individuals
involved
in
these
acts,
and
it
is
not
directed
at
the
Zimbabwe
in
people.
The
United
States
supports
Zimbabwe’s
aspirations
to
have
free
and
fair
elections
that
reflect
the
will
of
the
people
and
strengthen
democracy,
the
rule
of
law,
and
the
protection
of
human
rights.”

Zimbabwe’s
August
general
election
was
marred
by
delays
and
shortages
of
materials
in
the
opposition’s
strongholds.
Many
observer
missions

including
from
the
Southern
African
Development
Community,
said
the
process
fell
far
short
of
requirements
of
the
country’s
electoral
laws
as
well
as
the
regional
bloc’s
guidelines.

Jonathan
Moyo,
a
former
government
minister
in
Zimbabwe,
says
the
new
restrictions
are
meant
to
make
citizens
revolt
against
their
government
after
the
Zimbabwe
Democracy
and
Economic
Recovery
Act
of
2001,
known
as
ZIDERA,
failed
to
do
so.
Then-U.S.
President
George
W.
Bush
signed
into
law
the
measure
aimed
at
promoting
economic
growth
and
the
rule
of
law.

“An
objective
empirical
assessment
of
this
latest
measure
is
really
an
admission
first
and
foremost
that
ZIDERA
has
failed,
that
the
Americans
have
become
hopeless,
the
Americans,
the
meaning
of
the
American
government,
have
become
jittery,
and
they
now
are
resorting
to
legal
instruments
that
were
there
in
2001
but
now
they
think
they
can
achieve
what
they’ve
failed
to
achieve
through
Zidera,”
said
Moyo.

Farai
Muroiwa
Marapira,
a
ZANU-PF
spokesman,
voiced
agreement
with
Moyo.

“As
ZANU-PF,
we
are
not
surprised
by
this
new
activity
by
the
American
government.
We
all
know
their
intent
on
changing
the
government,”
said
Marapira.
“And
all
their
machinations
having
failed
in
August,
some
tantrums
are
expected
and
this
is
what
is
obtaining.
We
remain
unfazed
and
remain
resolute.
We
hold
on
to
the
words
of
wisdom
from
our
president;
President
ED
Mnangagwa.
We
are
an
enemy
to
none
and
a
friend
to
all
and
our
doors
are
open.”

Moyo
says
he
doubts
the
new
U.S.
visa
restrictions
will
have
any
impact.

However,
Promise
Mkwananzi,
the
spokesman
for
the
country’s
main
opposition
party,
the
Citizens’
Coalition
for
Change,
is
more
hopeful.

“We
note
the
measures
taken
by
the
Americans
against
the
authors
and
sponsors
of
chaos,
illegitimacy
and
illegality
in
Zimbabwe,”
said
Mkwananzi.
“I
think
it
is
important
not
just
for
the
American
government
but
as
well
as
other
governments,
regional
bodies
such
as
SADC
and
others
to
ensure
that
they
put
some
disincentives
against
people
who
would
want
to
undermine
the
will
of
the
people
of
Zimbabwe
and
disrespect
at
the
voice
of
the
Zimbabwean
people,
including
of
course
those
that
are
not
in
ZANU-PF,
but
who
are
complicit
with
the
regime
in
undermining
the
wishes
and
the
will
of
the
people
of
Zimbabwe.”

The
opposition
says
it
is
still
hopeful
that
regional
body
SADC
will
call
for
fresh
polls
following
the
chaos
which
characterized
Zimbabwe’s
August
elections.

All He Had To Say Was ‘Thanks For Your Time’ – See Also – Above the Law


Career
Attorney
Turns
In
Resignation
After
Ending
Talk
With
“White
Power”:


Baffles
the
mind
.


Edward
Blum
Is
Doing
A
Victory
Lap:


He’s
very
pro
diversity
when
it
comes
to
people
who
aren’t
white
males
not
getting
jobs
.


Money
Moves
Are
Being
Made!:

Give
it
up
for

Fenwick
,

Cadwalader
,
and

Cahill
.


This
Firm
Is
An
Exception:


Allen
&
Overy
is
generous
with
other
people’s
money
during
bonus
season
.


Did
You
Submit
Your
Holiday
Card?:


Time’s-a-tickin’
!

The Pride Of Stanford – Above the Law

(Photo
by
Chip
Somodevilla/Getty
Images)



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


The
late
Justice
Sandra
Day
O’Connor
was
one
of
two
justices
who
was
an
alum
of
both
Stanford
University
and
Stanford
Law
School.
Who’s
the
other?


Hint:
Justice
O’Connor
and
this
justice
are
also
the
only
two
with
Arizona
as
their
home
state
for
SCOTUS
nomination
purposes.



See
the
answer
on
the
next
page.

Breaking Down The Great Biglaw Raise Of 2023 – Above the Law

Milbank
got
the
ball
rolling
several
weeks
ago
with
a
round
of
raises.

Cravath
has
now
upped
the
ante

for
more
senior
associates
and
the
Biglaw
landscape
has
finally
decided
to
pile
on.
Where
is
all
this
going
and
what
does
it
all
mean?
We’ve
got
thoughts.
Meanwhile,
Amy
Wax
went
ahead
and
invited
a
white
nationalist
back
to
campus
and
one
of
her
students
is
disappointed
that

people
weren’t
nicer
about
it
.
Finally,
a
new
lawsuit
presents
an

ethics
issue
spotter
involving
Trump
lawyer
Alina
Habba
.


Bonus Time

Enter
your
email
address
to
sign
up
for
ATL’s

Bonus
&
Salary
Increase
Alerts
.


Law Firms Should Offer Healthier Food Options When Paying For Employee Meals – Above the Law

One
of
my
simple
pleasures
in
life
is
when
I
am
able
to
score
a
free
meal.
When
I
was
in
college,
I
subscribed
to
an
email
list
that
broadcast
all
of
the
events
on
campus
that
had
free
food,
and
I
made
sure
to
attend
those
events
to
score
free
grub.
In
law
school,
I
remember
once
attending
five
free
food
events
in
one
day!
Given
how
broke
I
was
as
a
student,
the
free
food
I
was
able
to
score
really
helped
preserve
my
bottom
line
and
let
me
devote
money
toward
other
purposes.
When
I
started
working
at
law
firms,
I
was
happy
that
many
of
the
shops
at
which
I
worked
also
offered
free
food
for
training
sessions,
team
meetings,
and
other
firm
events.
However,
based
on
conversations
I
had
with
individuals
within
the
legal
profession
over
the
years,
even
if
people
generally
appreciate
the
free
food,
more
shops
should
offer
healthier
food
options
for
attorneys
and
staff.

I
worked
at
four
different
law
firms

before
opening
my
own
practice
around
five
years
ago
.
Each
firm
I
worked
at
offered
different
free
food
options
to
attorneys
and
staff.
One
offered
free
pizza
at
pretty
much
every
event,
and
the
pizza
was
almost
always
plain
or
pepperoni.
Another
shop
at
which
I
worked
offered
deli
sandwiches
like
turkey,
pastrami,
roast
beef,
and
the
like.
A
different
firm
usually
only
offered
really
good
New
York
bagels
and
cream
cheese
one
morning
each
week,
and
the
only
time
I
ever
considered
filing
a
worker’s
compensation
claim
was
when
I
sliced
my
hand
one
morning
cutting
a
bagel.

I
made
sure
to
eat
as
much
free
food
as
I
could
while
employed
at
these
shops
as
I
did
when
I
was
a
student.
Most
of
the
time
I
was
working
as
an
associate
attorney
at
various
shops,
I
tried
to
save
money
so
that
I
could
pay
off
my
student
loans
earlier.
Any
money
I
could
save
on
food
was
money
that
I
could
use
to
pay
down
my
student
debt.
Moreover,
I
generally
like
eating
copious
amounts
of
food
(and
I
even
participated
in
a
bunch
of
competitive
eating
events
in
my
younger
years)
so
any
type
of
free
food
is
a
serious
windfall
for
me.

I
am
a
huge
fan
of
deli
sandwiches
and
pizza,
so
when
the
law
firms
at
which
I
worked
offered
these
foods,
I
was
delighted.
However,
people
with
whom
I
worked
complained
about
the
food
offerings
of
some
law
firms.
Some
individuals
tried
to
eat
healthier,
and
other
people
with
whom
I
worked
were
on
various
diets.
They
said
it
was
difficult
to
stick
to
their
eating
goals
when
the
law
firm
only
offered
unhealthy
food
to
attorneys
and
staff.

Some
of
my
colleagues
also
said
it
was
difficult
for
attorneys
and
staff
to
interact
with
others
socially
since
only
unhealthy
food
was
offered
by
law
firms.
Eating
is
often
a
substantial
part
of
social
occasions,
and
attorneys
and
staff
did
not
want
to
seem
like
poor
sports
for
refusing
to
eat
at
various
firm
events.
Some
attorneys
I
spoke
with
said
that
this
even
made
it
more
difficult
for
them
to
interact
with
important
partners
and
be
assigned
to
favorable
teams.

I
am
no
expert,
but
law
firms
can
provide
healthier
food
options
without
too
many
issues.
For
instance,
ordering
a
large
assortment
of
sushi
could
be
good
to
offer
a
group
of
people,
and
although
I
am
no
nutritionist,
this
could
be
healthier
than
pizza
or
other
similar
food.
Moreover,
offering
more
salads
to
attorneys
and
staff
can
also
help
employees
meet
their
eating
goals
while
socializing
with
other
people
at
a
law
firm
event.

To
be
clear,
I
am
extremely
grateful
for
all
of
the
law
firms
at
which
I
worked
that
offered
free
food
to
attorneys
and
staff
during
events.
This
helped
people
interact
with
coworkers,
and
offering
food
can
make
it
more
likely
that
people
will
attend
an
event
that
is
merely
optional.
However,
some
people
have
complained
to
me
over
the
years
that
they
wished
law
firms
offered
healthier
food
at
events,
and
with
some
planning,
law
firms
can
make
events
more
accessible
to
people
who
eat
different
kinds
of
food.




Rothman Larger HeadshotJordan
Rothman
is
a
partner
of




The
Rothman
Law
Firm
,
a
full-service
New
York
and
New
Jersey
law
firm.
He
is
also
the
founder
of




Student
Debt
Diaries
,
a
website
discussing
how
he
paid
off
his
student
loans.
You
can
reach
Jordan
through
email
at




jordan@rothman.law
.

Associates May Need To Brace Themselves For 4 Days Spent Working In The Office Each Week – Above the Law



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


I
think
things
are
evolving
[toward]
‘I
want
my
people
back
in
the
office.’
I
think
that’s
how
it’s
evolving.




Brad
Hildebrandt,
chair
of
Hildebrandt
Consulting,
in
comments
given
to
the

American
Lawyer

on
the
state
of
the
in-office
work
week
for
Biglaw
firms.
The
authors
of
the
recently
released
2024
Client
Advisory
from
Hildebrandt
Consulting
and
Citi’s
Global
Wealth
at
Work
Law
Firm
Group
wrote
that
they
“wouldn’t
be
surprised
to
see
more
firms
adopt
a
four-day
week”
in-office.
Right
now,
just
a
few
top
Biglaw
firms
require
four
days
of
in-office
work,
including
Skadden;
Ropes
&
Gray;
Davis
Polk;
Weil;
and
Vinson
&
Elkins.



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
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

Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.