WARNING: This is Version 1 of my old archive, so Photos will NOT work and many links will NOT work. But you can find articles by searching on the Titles. There is a lot of information in this archive. Use the SEARCH BAR at the top right. Prior to December 2012; I was a pro-Christian type of Conservative. I was unaware of the mass of Jewish lies in history, especially the lies regarding WW2 and Hitler. So in here you will find pro-Jewish and pro-Israel material. I was definitely WRONG about the Boeremag and Janusz Walus. They were for real.
Original Post Date: 2010-06-09 Time: 05:00:02 Posted By: News Poster
By Takunda Maodza
Harare – THE Kimberley Process monitor to Zimbabwe, Mr Abbey Chikane, has slammed Centre for Research and Development director Mr Farai Muguwu for illegally sourcing and giving him a top State secret document during his second fact-finding mission in the country.
Mr Chikane who is South African said Mr Maguwu’s behaviour could have led to his arrest and caused a diplomatic stand-off between Zimbabwe and South Africa.
In his second fact-finding mission report, Mr Chikane also highlighted how African Consolidated Resources officials and a top South African cop attempted to block him from travelling to Zimbabwe last month.
Mr Chikane disclosed that he met Mr Muguwu on May 25 in Mutare where he was handed over the confidential document, with the latter admitting he had stolen from the State.
“Mr Muguwu informed the KP monitor that he was in possession of a document that was acquired fraudulently from the Zimbabwe Republic Police. He handed the document to the KP monitor.
“The KP monitor was aware of the implications of being in possession of a fraudulently acquired secret document and consulted with an official of the Ministry of Mines and Mining Development about the authenticity of the document and the implications of being in possession of the document, if the document was indeed stolen,” Mr Chikane said in his report.
He said he was in possession of the document for four days before he determined what course of action to take.
“Following legal advice, the KP monitor concluded that the possession of a top secret document had criminal implications. The KP monitor took Mr Maguwu’s actions very seriously and felt that Mr Muguwu could have implicated him in an unlawful action,” reads part of the report.
Mr Chikane said from the legal advice he got, the Official Secrets Act (Chapter 11.09) and the Criminal Law Codification Act (Chapter 9.3) were applicable to the circumstances relating to the fraudulent possession and distribution of the Joint Operations Command secret document by Mr Muguwu.
“JOC is a council of security chiefs, which sits regularly to discuss top secret security matters relating to the country as part of the executive governance of the country.
“JOC was established by the President for the specific purpose of addressing the confidential and top secret Government business, which is assigned to the security chiefs from time to time. During the visit by the KP monitor, Mr Muguwu, who admitted to having fraudulently acquired a top secret JOC report, gave the KP monitor a copy of this report.
“The circumstances of the acquiring of this report by Mr Muguwu and subsequently passing it on to the KP monitor has clear criminal implications, which are outlined here,” he said.
Mr Chikane added that the Official Secrets Act was an Act of Parliament that prohibits the disclosure, for any purpose prejudicial to the safety or interests of Zimbabwe, information that might be useful to the enemy.
The Act further provides for the prevention of persons from obtaining or disclosing official secrets from Zimbabwe.
It also provides for the prevention of or making or reproduction of any documents protected by the law.
The Act’s definition of an enemy includes hostile organisations.
Anyone who breaches the Act directly or indirectly is liable to imprisonment for a period of not more than 25 years.
“It is common cause that Mr Muguwu and indeed persons that have been questioned in relation to the circumstances relating to his unlawful possession of the JOC report have confirmed that it was fraudulently acquired. The offence of fraud in the circumstances would remain a continuing offence in relation to persons that would come into possession of the fraudulently acquired information and seek to place reliance thereon,” added Mr Chikane.
He said it was unlawful for Mr Muguwu to be in possession of the document and to pass it on to him.
“The JOC document was communicated to the KP monitor as part of inputs to the process that the KP monitor was undertaking. Inputs taken together with the admission of fraud clearly establishes the intention to falsify and to communicate such falsified statements to the prejudice of the State in contravention of Section 31 of the Criminal Codification and Reform Act,” Mr Chikane said.
Section 32 states that, “a person who whether inside or outside Zimbabwe publishes or communicates to any other person a statement, which is wholly or materially false with the intention or realising that there is a real risk or possibility of adversely affecting the defence or economic interests of Zimbabwe shall be guilty of an offence”.
“Given the above facts and circumstances, it is clear that the KP monitor had been put into a position of unlawfully possessing a classified document protected by the Official Secrets Act and acquired fraudulently.
“The unlawful conduct of Mr Muguwu threatened consequences on the KP monitor under the national laws of Zimbabwe and a possible diplomatic row between Harare and Pretoria and could have led to the KP monitor being questioned or arrested for possessing a document that he had no lawful right to possess,” he said.
Mr Chikane added: “In light of the above, the KP monitor implores the Working Group on Monitoring, and most importantly the NGO coalition, to see this matter in a legal context. In terms of the Official Secrets Act, the KP monitor if found guilty, could have been liable to imprisonment.”
Mr Muguwu, who has since been arrested and appeared in court, told journalists in Mutare soon after meeting Mr Chikane that Zimbabwe had not “moved an inch in meeting the KP requirements”.
It is disclosed in the report that the London Stock Exchange-listed ACR tried to stop Mr Chikane from visiting Zimbabwe on his second fact-finding mission.
Mr Chikane confirms this development in his fact-finding mission report.
“On Sunday 25 April 2010, the KP monitor received a telephone call from Commissioner Pule Mmutle. Mr Mmutle is a South African Police Commissioner, responsible for the city of Pretoria. The call was for the purpose of arranging a meeting to discuss confidential information with the KP monitor. At the meeting, the commissioner indicated that he had been approached by people who were concerned about the KP monitor’s next visit to Zimbabwe. These concerns related to the certification of Marange diamonds.
“When asked who these people were, Mr Mmutle indicated that he could not disclose their identity,” Mr Chikane said.
He said Mr Mmutle told him that the company associated with the individuals had offered him a position as chief of security.
“. . . And that he had accepted and would be ending his contract with the South African Police Services. The KP monitor explained to Mr Mmutle that he was not comfortable with the manner in which Mr Mmutle had approached him.
“During the discussion, Mr Mmutle told the KP monitor that the people being referred to were at the same place where the meeting was taking place. He left the room after making the statement and returned with an unknown man who was introduced as Mr Andrew Cranswick, chief executive officer of African Consolidated Resources,” Mr Chikane said.
He went on: “Mr Cranswick expressed strong views about the KP monitor’s plans to return to Zimbabwe on Thursday April 29 2010, ostensibly to certify ‘stolen goods’ from Marange.”
Mr Chikane said he told Mr Cranswick that the meeting was irregular and that he did not intend reflecting it in his official records.
He said he later met Mr Cranswick, who was accompanied by Harare lawyer Mr Jonathan Samukange and Batsirai Jambga, on June 2, 2010 in Johannesburg.
At the meeting the ACR promised to provide documentation stating its position regarding its dispute with the Government of Zimbabwe.
Mr Chikane on Monday said Zimbabwe has satisfied the KP requirements to trade in diamonds.
Original Source: 
Published by the government of Zimbabwe
Original date published: 9 June 2010
Source: http://allafrica.com/stories/201006090123.html?viewall=1