|The ZIMBABWE Situation||Our
thoughts and prayers are with Zimbabwe |
- may peace, truth and justice prevail.
Confidential minutes of the government's land audit committee
commercial farmers and individuals with links to the ruling party formed
holding companies to evade the one-man one-farm policy.
"Consequently, the Ministry of Lands, Agriculture and Rural
issued a circular in terms of which rural agricultural land ownership by
companies would be disallowed," the minutes from December last year said.
The circular is titled "Land reform policy pronouncements"
and dated October
29 last year.
Minister of State Flora Buka's
interim audit report mentioned Mandaza and
Mawere as having several farms each. The two have said their farms are
is embroiled in an acrimonious land ownership row with close to 95
new settlers and Charles William Hammer-Nel over five farms in the Bubi
District of Matabeleland North. Hammer-Nel has filed papers in the High
Court claiming that he still owns the land in question as Mandaza only
bought one property, Robert Block 19. Mandaza has taken settlers on the
property to court in a bid to evict them. The settlers have filed opposing
affidavit, Mandaza claims to have been issued with a certificate of
"no present interest" by the government in November 2000, which rules the
farms out from compulsory acquisition.
Contacted for comment, Mandaza
referred all questions to his lawyer,
he was not aware of the circular that disallowed land ownership
"I am not aware of that position," said Tomana. He accused
Matabeleland North of having a hidden agenda and settling "so-called
landless" people on the farms.
The confidential minutes
also questioned the conduct of the Ministry of
Agriculture, which issued certificates of no present interest in clear
violation of agreed policies.
"In blatant disregard of established procedures and
some prominent persons were seizing farms and even going to the extent of
evicting those resettled by the government," the minutes said.
"Some indigenous farmers, with the apparent connivance
of the Ministry of
Lands, Agriculture and Rural Resettlement, now owned multiple properties,"
the minutes said.
Mawere refused to comment
on whether the farms acquired by FSI Agricom had
been bought with the blessing of the government.
"You can ask that question to those who
sold the farms to FSI Agricom,"
established companies had their areas of collection slashed under the
new contracts thereby rendering some of their equipment redundant.
Contractors who lost their areas of operation were given a further 90 days
to continue work while the new players procured equipment. The old players
immediately pulled out completely last month resulting in bins not being
emptied for the past six weeks.
Davexcorp, one of the new contractors, has proposed
to offer old contractor
Encore Consolidated over 55% of receipts from council for bins collected on
Davexcorp operations director
Cuthbert Jura confirmed that they were trying
to subcontract to other contractors to meet a May 1 deadline.
"We are in the process of
shipping our trucks from the United Kingdom," Jura
said. "They could be in the country within the next two months but to comply
with the deadline we have been negotiating with established contractors to
hire their trucks.
"We have made a lot of progress in the discussions and what
is left is
agreeing on the figures," he said.
Management at Encore
Consolidated, however, said it would not be viable to
for them to be sub-contracted by a contractor.
"Money offered by city council is
already below market value and to have it
divided would spell business doom," an official said.
Harare mayor Engineer Elias Mudzuri, who expressed
ignorance of these
developments despite the evidence piling up around the city, said the
contract clearly forbids contractors to subcontract.
"There is no way we can accept that they subcontract," Mudzuri said.
"It will be unfortunate if they fail to procure
equipment. We are just
waiting for the deadline and if they fail to deliver we will charge them and
cancel the contract," he said.
In a letter addressed to
Lands and Agriculture minister Joseph Made, dated
January 31, CFU president Colin Cloete said government should clarify its
position in regard to the Land Acquisition Act and implementation of the
land reform programme on the ground.
Cloete said government had not delisted farms falling under
producing tea, coffee, timber, sugar-cane, citrus fruit and those with
Export Processing Zone status. Agro-industrial properties involved in the
integrated production of poultry, beef and dairy products, and seeds are
Cloete said farms belonging to church
organisations and foreign nationals,
protected under bilateral investment protection agreements, had also been
"I understand that
many farms in the above categories have applied for
de-listing," Cloete said.
"I would request a definitive position, preferably with a time
scale so that
property owners may understand and make business decisions about their
future," he said.
Cloete said an amendment to the Land
Acquisition Act provides for the
acquisition of land by consent. Landowners can offer land in substitution
for a farm or a farm gazetted for compulsory acquisition. The responsibility
rests with the landowners to present their offers of land to the relevant
provincial land identification committee.
"At our recent meeting, minister, you confirmed your
position that the Land
Acquisition forms were of no use to landowners and they have to go through
you personally to seek consideration and determination of their individual
"We have many farmers
in such a position, perhaps a thousand or more. I
would request understanding and commitment of how this issue may be
resolved," he said.
said the one-man one-farm policy which has been widely publicised
President Mugabe, had been ignored.
"Whilst you are the
official acquiring authority for land reform, I believe
that many of your provincial land identification committees have not taken
into consideration this aspect when identifying and recommending land
"The fair and equitable enforcement of this
policy will be crucial in
defining the position for many and may well be the catalyst in making excess
equipment available to the new farmers, enable skills transfer as well as
engender and nurture co-existence, thereby increasing production," Cloete
He said the perceived lack of
production following the land reform programme
showed that there was greater interest by prospective settlers in acquiring
accommodation than crop production. He said high costs and unavailability of
vital inputs such as equipment, fuel, fertiliser, pesticides, and the
absence of financial assistance to farmers should be addressed urgently.
The team, which comprises South Africa, Botswana and
Mozambique, was formed
during the August 2001 Sadc summit in Blantyre, Malawi. It was mandated "to
work with the government of Zimbabwe on the economic and political issues
affecting the country".
secretary-general Welshman Ncube said his party would not participate in
the Sadc mission if Harare was involved because the whole thing would be "an
exercise in futility".
"The MDC is disturbed by reports coming
from the media and other sources in
the diplomatic community suggesting the Sadc taskforce coming to Zimbabwe
will include as part of the team members of the (Zimbabwe) government,"
"If these reports are true
that would seriously compromise the search for
the truth about what is happening in Zimbabwe and the path towards the
resolution of the problem. As MDC we state that we would reconsider our
decision to cooperate with the taskforce."
Foreign Affairs minister Stan Mudenge has claimed the
team would be coming
to Zimbabwe at his behest.
engendered fears government would set the agenda for the taskforce
by determining its terms of reference, itinerary, and who to consult.
has also fuelled growing apprehension that Sadc would buy the official
public relations package aimed at repairing Zimbabwe's battered image and
giving an impression of reform.
The "PR puff" includes the ostensibly
stage-managed arrests of "rogue
soldiers" accused of fanning political violence and claims of democratic
reforms, which include promises of legislative amendments and cleaning up
the chaotic land reform programme.
The Crisis in Zimbabwe coalition, which comprises a number
of civic groups,
said the taskforce should avoid being hoodwinked by government propaganda.
"We urge South Africa and others in the region
to look beyond the ruling
party propaganda," the group said.
"Human rights and good governance are not 'distractions', they
to concerns of all serious Zimbabweans."
The claims by the MDC came after the
arrest of the party's spokesman, Paul
Themba Nyathi, on Monday on allegations of inciting people to participate in
mass action to topple the government.
Themba Nyathi, who was released yesterday, joined over
500 of his party's
supporters, including its vice-president Gibson Sibanda, who have been
arrested for allegedly taking part in a two-day mass stayaway organised by
the opposition last month.
In an interview with the
Zimbabwe Independent this week, MDC
secretary-general Welshman Ncube said his party was aware of a strategy by
government and the police to crush the party.
"The arrests of the MDC leadership is nothing new but a
perpetuation of Zanu
PF's harassment and intimidation of a legal opposition party with the help
of an unprofessional police force," he said.
Ncube said all MDC members of parliament and the party's
were facing one charge or another in the courts. he said almost all MDC
national executive members, except for two or three, had been arrested once
or twice in the last two years.
"This is Zanu PF's
strategy to instill fear in the MDC national executive
and to stop members from co-ordinating the activities of the party," said
of the strategy is to have the MDC leadership spend a lot of money in
legal fees and a lot of time in the courts and in the process hope that this
will stop the members from co-ordinating and strengthening party
MDC president Morgan Tsvangirai, Ncube and MP
Renson Gasela are in the
middle of a treason trial in which they are accused of plotting to
MPs David Coltart, Abednico
Bhebhe, Thokozani Khuphe, Roy Bennett, Fletcher
Dulini-Ncube and Job Sikhala are some of the MDC legislators facing a
variety of charges.
of the MDC leaders has so far been convicted of the crimes they are
alleged to have committed.
The MDC last month issued an ultimatum to
President Mugabe to restore the
rule of law and release political prisoners or face mass action, including a
march on his official residence.
Ncube said the government's other strategy was to
confiscate passports from
those doing diplomatic work for the party in a bid to conceal what is
happening in the country.
He said this was a
clear case of the abuse of the law by the police and the
ruling Zanu PF and said those perpetrating these acts would be forced to
account for their actions in future.
"The police are harassing our members without any
shame to please their
political masters. But we say there shall come a time when we will have to
deal with cases of unprofessional police behaviour once Zanu PF is gone,"
Meanwhile, police on Wednesday
defied a High Court order compelling them to
produce Nyathi in court.
High Court judge Maphios Cheda yesterday ordered the police to
Nyathi after they failed to show cause why he was still detained.
On Wednesday police ignored a ruling by Justice Cheda to
bring Nyathi to
court. The Independent understands police officers yesterday morning chased
away a deputy sheriff who had gone to serve them with Wednesday's court
order. When Nyathi's lawyers took the order to Bulawayo central police
station, police whisked Nyathi away to an unknown destination.
Nyathi's lawyer, Nicholas Mathonsi, made another High
Court application at
11am yesterday and Justice Cheda ruled that Nyathi should be released after
police failed to produce a new warrant they said they had.
had appealed against an earlier High Court decision to the
Supreme Court Judge Justice Elizabeth Gwaunza ruled
that PAZ was not a
"legal entity" which could either be sued or sue.
She ruled in favour of the PAZ's argument, which sought to
UKI had sued the wrong entity.
argument that it was "merely a unit of the Office of the
President and Cabinet" also prevailed.
Analysts said the judgement meant that UKI
could clash with the Office of
the President and Cabinet.
Industrial observers are now expecting a looming showdown
between UKI owner
Mutumwa Mawere, the Ministry of Finance and Economic Development, and
possibly the Office of the President and Cabinet.
The PAZ has been purporting to be an autonomous organisation
formation in September 1999, until the recent court battle against UKI.
There are now doubts on whether the government will complete
privatisation programme on time.
Cash-strapped Zesa, which has
for years been on the agency's priority list
for privatisation, is still operating as a state entity.
The National Railways of Zimbabwe, which
is currently in crisis, is also on
the priority list despite indications that the government intends to move
out of the rail company.
2001 PAZ indicated that it was still waiting for the
Inter-Ministerial Committee and Cabinet to give assent to the privatisation
of NRZ, Zesa and Agribank.
It is understood that PAZ has not started work on the
Finhold. Government is also still holding on to its 39,84% stake in Wankie
The Cold Storage Company is yet
to be privatised despite its evident need
for an urgent recapitalisation.
In 2001 the then Minister of Finance Dr Simba
Makoni had set the target for
privatisation at $40 billion but the agency only managed to raise $10
As the dust settles, on the
case speculation is rife that UKI might be
planning to persuade the government to sell its stake in the demerged Astra
companies at a premium.
Although Mawere, the major shareholder of UKI, refused to
comment on such a
possibility, industrial analysts have concurred that it was the only way
"UKI could do well to talk to government to sell
the 67,7% at a new rate,
otherwise if the State disposes the shares at the 2001price it would be an
insult to the taxpayers," said a broker with a local equities firm.
Mawere said: "If the Supreme Court has ruled that the
PAZ is not a legal
entity, we can only wait and find out who they are."
The situation has been compounded by the requirement for
to invest a large portion of their money in prescribed assets, which limits
their discretion on how to grow value for shareholders.
The current hardships have impacted negatively on the
which needs consumer confidence if it is to continue growing.
The erosion of the disposable income has led to resistance
policyholders to premium escalations to counter replacement costs.
Many clients could fall in the "under insurance" category as
on the one hand
devaluation pushes premiums up on all items with foreign components while on
the other inflation erodes real disposable income, curtailing the ability to
take out policies.
unfortunately resulted in a lot of underinsurance, which means
policyholders are unable in many cases to secure full value for their
properties in the event of a mishap," said an insurance consultant.
It being one of the
biggest sources of investment capital in Zimbabwe,
players in the insurance industry have said the situation could lead to a
major dwindling of the insurance business.
The insurance council whose representative
members are insurance and
reinsurance companies has held discussions centred on how to create more
underwriting capacity, which had been affected by the recently fixed rate of
The new exchange rate affected
the replacement values of all imported items
brought in for insurance cover such that companies had to revise upwards
their underwriting capacities to accommodate the high values created by the
insurance council said the underwriting capacity created so far
was inadequate and "efforts are underway to resolve this situation".
Importing companies could be staring demise in the face in light of the
Some importing companies have
raised concern at the continuous increase in
premiums as it brings extra costs to budgets in a bid to raise premiums to
be in tandem with replacement value.
The council's public relations executive who is also the
for Southern African Reinsurance Company (Sare) Chris Gomwe said in an
interview that the cost of replacing insured items would continue to rise in
an inflationary environment.
He said replacement values
had to be reviewed more often and premiums would
continue to rise.
High replacement values would eventually cause underwriting
problems and might leave some items not adequately covered to the detriment
of clients. The continuous rise of inflation would require all sums insured
to be reviewed periodically in order to avoid underinsurance.
Gomwe said: "The condition of average is activated in
cases where there is
underinsurance and therefore the public is encouraged to ensure that
adequate review of sums insured is undertaken. As long as sums insured are
reviewed regularly the insurance industry is assured of charging
commensurate premiums on accurate replacement values and can be assured of
The condition of average applies
where there is a partial loss.
If there were no reviews the condition of average would be activated in the
form of a proportion being paid of the actual value.
Analysts said that insurance and reinsurance companies
would need to
increase the size of their balance sheets to mitigate against the spiraling
"Hyperinflation causes the value of items
or properties insured to increase
at a faster rate than balance sheets forcing insurance and reinsurance
companies to find ways to maintain balance sheets congruent with replacement
value," said an analyst with MBCA.
The analyst said companies might consider going the
NicozDiamond way of
merging businesses as a way of consolidating balance sheets.
NicozDiamond said last year the future of the company would be driven by its
ability to service a wider cross section of individual and corporate clients
on the back of its larger balance sheet capacity.
NicozDiamond explained that balance sheet size continued to
be a critical
factor in determining how much business each company could underwrite.
"With policy holders adjusting their values in line with
capacity of the market as a whole has come under pressure but the merged
NicozDiamond would be a stronger and well-capitalised company offering
security to both clients and brokers," the company said.
Other options available to insurers include recapitalisation
rights issue, taking a cue from ZimRe.
In the circular
to shareholders on restructuring and renounceable rights
offer last year, ZimRe directors recommended that significant
re-capitalisation of the group be undertaken to restore underwriting
capacity and counter the effects of devaluation and hyperinflation.
From the $4 billion issue of 260 806
954 shares to existing shareholders,
ZimRe allocated $2,2 billion towards increasing reinsurance underwriting
could also join the regional bandwagon to increase
foreign earnings base and hedge against the Zimbabwe dollar.
The Sare managing director
revealed that although there had been an upsurge
of claims owing to the increase in crime classes such as armed robbery and
house breaking, the rate of exchange could not affect Sare but "strategies
have been put in place to counter such effects".
The Zimbabwean insurance sector continues to
be constrained by a challenging
economic environment, high incidence of business failures and the increase
in fraudulent claims and high levels of underinsurance.
While factors may point to doomsday, the insurance
industry in general has
benefited from the economic downturn.
trend is towards more insurance business if recently published
companies results are anything to go by.
released top end earnings of 118 cents per share in the year to
December while Sare weighed in with above market expectation earnings per
share of 151,55 cents for the same period.
It says cumulative fiscal revenue for
the year 2002, on the other hand,
amounted to $304 170 million.
The revelations come at a time when government is extremely
in the red and
has to borrow excessively from the market.
Zimbabwe's domestic debt, which stood at $205 billion in
December 2001, rose
dramatically to $346 billion by the end of December 2002.
Bankers said with 96% ($331 billion) of the debt being Treasury
interest costs would continue to pose a significant fiscal challenge.
The domestic debt is expected to rise further this year,
fuelled by the need
to fund grain imports and financial support for the new farmers under the
current agrarian reforms.
In its report for the
period ended December 2002 released this week, the RBZ
said all major revenue heads, with the exception of customs duties,
performed above target, with income and profit tax contributing $159 261,1
million; sales tax, $72 447,1 million; customs duties, $27 170,3 million;
and excise duties, $18 763,2 million.
The bank said total expenditure for the year under review
amounted to $342
Of this amount, $313 595,2 million
or 91,6% was absorbed by recurrent
The RBZ said
current expenditures were mainly in the form of salaries and
wages, which gobbled up $123 929,9 million.
This went mainly to the civil service,
armed forces, chiefs, as well as
members of the medical fraternity who received major and regular increments
said some of the current expenditures went to transfer payments
which amounted to $55 206,2 million, and interest on debt, $40 701,3
Capital expenditure, at $23 789,8 million, was only 7% of total expenditure.
"The revenue and expenditure developments
resulted in a budget deficit,
including grants, of $37 690,9 million," the RBZ said.
"This was financed from domestic borrowing and sale of
Bankers said Zimbabwe's continued isolation from the international community
was cause for concern.
They said the lack
of longer-term clarity on monetary and fiscal policy
provided significant risks in terms of strategy and planning for most
Now, call me stupid,
but I do not for one minute believe that any authority
in its right frame of mind treats innocent civilians and citizens in this
manner. The last time I checked, even criminals had the right to have the
dignity of their person protected. Commissioner Augustine Chihuri has kindly
printed these rights and they are now pinned up on the walls of every police
station in the country.
The authorities have now come out and said that the violence
was the work of
rogue elements in the armed forces, bought by the MDC.
Perhaps. But the incident that I witnessed was at an official roadblock, a
few metres away from President Robert Mugabe's residence and on the doorstep
of one of the country's most elite fighting units, the Presidential Guard.
The men at this roadblock wore military/police uniforms. Now, if they were
rogue elements, why didn't someone come out from the barracks and arrest
them, or tell them to stop humiliating the country's citizens?
The government surely recognises that it is engaged in the
battle for the
hearts and minds of the urban voter. The battle for hearts and minds cannot
be won by humiliating citizens.
Far from serving any narrow sector of the
community, we have received
complaints from a broad spectrum of victims and would like to thank the
people of Zimbabwe for their excellent response to our request for
Whilst the sad reality is that within
Zimbabwe human rights abusers tend to
go unpunished, international mechanisms do exist to make sure that
individuals guilty of human rights abuses as defined by the Geneva
Conventions, the Universal Declaration of Human Rights and the Treaty of
Rome can be brought to justice.
evidence of crimes we are gathering will become eligible for use
international courts of law has recently been verified by the International
Bar Association (Iba), the world's largest association of lawyers.
The Iba called for the International Criminal Court (ICC) to
start work now
to bring Robert Mugabe to justice, and explained that "although Zimbabwe has
not yet ratified the ICC Statute, an investigation of Mr Mugabe's alleged
crimes by the ICC can still occur while awaiting the return of democracy and
the rule of law in Zimbabwe.
point, under the ICC Statute, a new democratically-based government
could immediately accept the exercise of jurisdiction by the ICC with
respect to the alleged crimes committed earlier by Mr Mugabe."
We see the IBA's
call as a most encouraging development and we plan to
present evidence to the ICC's prosecutor.
Another important part of our work is gathering
evidence on individual cases
to present to the UN High Commission for Human Rights Special Rapporteurs in
Geneva and we are also working towards using the UN 1503 complaints
procedure by drawing attention to patterns of systematic abuse and the
country situation as a whole.
of Rwanda and Yugoslavia offer precedents for the setting up of
International Criminal Tribunals under the auspices of the UN and the
International Civilian Mission in Haiti and the Special Court for Sierra
Leone are examples of bodies set up in conjunction with the UN to deal with
the particular circumstances of individual countries.
Although Zimbabwe has not ratified the statute setting up
Criminal Court, he points out, the ICC can still begin investigations into
abuses by Zimbabwe's leadership pending a restoration of democracy and the
rule of law. This is a view backed by the International Bar Association.
At the same time the MDC has begun to compile a detailed
list of human
rights violators. The aim is to counter the culture of impunity that
President Mugabe and his followers have established since 2000 - some would
argue much earlier. Supporters of the ruling party are reminded that there
will be no state protection for them against the crimes they have committed,
and are currently committing, in the name of Zanu PF.
"It is not enough to say that you are obeying orders while
against the people of Zimbabwe," a recent advertisement reminds militiamen
and others. "You will be entirely responsible for the consequences of
obeying unlawful orders."
While rulers such as
Mengistu Haile Mariam, Milton Obote, Ferdinand Marcos,
Mobutu Sese Seko and Didier Ratsiraka were able to seek safe exits from
power, their followers were abandoned to face the wheels of justice, the
advertisement points out.
This comes in the wake of a US State Department report which
to the cases of MDC activists murdered by suspected Zanu PF supporters which
have not been brought to court. Security forces were also responsible for
extra-judicial killings, the report says, "and in numerous other cases army
and police units participated in or provided transportation and other
logistical support to perpetrators of political violence and knowingly
permitted their activities".
These individuals have not
been brought to justice and appear to act with no
sense that they are likely one day to stand trial. That sense of impunity is
undoubtedly communicated to them by their superiors. It is therefore
ludicrous that Sadc ministers should accept assurances that the rule of law
has been restored. Many of those responsible for the worst cases of
abduction, killing, and torture since 2000 remain untouched by the law.
The current campaign to "name and shame"
those responsible for human rights
abuses is one that most Zimbabweans will endorse. It is a form of popular
empowerment in the face of repression. This newspaper has repeatedly spoken
out against the culture of impunity and first used the term "militia" to
describe Zanu PF's marauding gangs.
Newspapers should be compiling lists of cases that have not
come to court
and asking those in authority why. Our list includes, in addition to
shocking examples such as those of Tichaona Chiminya and Talent Mabika, the
court-ordered investigation into the abduction and torture by the army of
two journalists from the Standard.
What have the police
done in that case which foreshadowed the abductions and
killings of 2000/2?
But in tandem with the campaign against impunity must go
exposure of the
steady erosion of the judiciary. The State Department report refers to the
undermining of the independence of the judiciary by manipulation of the
composition of the courts. We should add to the record the way in which the
magistracy has been clumsily pressured in recent weeks to ensure lengthy
detention of opposition members and to deny them their right to bail.
When asked last week about the detention of Gibson
Foreign minister Leonardo Simao said he didn't have sufficiently detailed
information to comment.
This is an
abdication of responsibility. He should have been briefed by High
Commission staff here. Sadc ministers should make it a matter of elementary
procedure to have political prisoners released so they can join political
teams submitting evidence to them.
Harold Wilson in October 1965 had Joshua Nkomo and
brought to him at Government House from Gonakudzingwa and Wha Wha. Ian Smith
released Robert Mugabe and other detainees in 1974 to facilitate talks on a
political settlement. Their release was made a sine qua non of negotiations
by all concerned including the Frontline States.
That Sadc ministers are content to mediate while political
incarcerated for exercising their constitutional rights is testimony to
Meanwhile, as the pressure
builds on the regime, the scenes in Baghdad
should be instructive. No party is cast in stone to survive for an
eternity - neither Hitler's 1000-year Reich (which lasted 12 years) nor
Saddam's 24-year Ba'athist regime. And when the day of reckoning comes, as
those arraigned in Nuremburg quickly discovered to their cost, it will be
insufficient to say: "I was only acting under orders."
Paul Themba Nyathi, the MDC’s Secretary for Information and Publicity, was today released without charge on the orders of High Court Judge Justice Mafiosi Cheda after the state failed to show any case as to why he should remain in custody.
However, before his release late in the afternoon, Detective Inspector Madira and Detective Inspector Musuna had attempted to defy the court order by clandestinely and secretly, behind Mr. Nyathi’s lawyer’s back, take Mr. Nyathi for formal remand before a magistrate court so that he could be remanded in custody at Khami Prison. This attempt was foiled only because well-wishers who saw Mr. Nyathi being shepherded around the corridors of the Tredgold Magistrate’s Court building telephoned Mr. Mathonsi, Mr. Nyathi’s lawyer and advised him that his client was at the Magistrate’s court at Tredgold building. Mr. Mathonsi rushed to Tredgold building and displayed the High Court order, and only then was Mr. Nyathi returned from the cells into which he had been placed pending transfer to Khami Prison. Confronted with the court order, inspectors Madira and Musuna pretended not to have been aware of the High Court order, when infact Madira was at the High Court when the order was issued and had undertaken to Mr. Mathonsi that Mr. Nyathi was to be released pursuant to that order.
The MDC condemns unreservedly this continuing abuse of police powers of arrest by officers Madira and Musuna, whose names, it will be remembered, appear on the MDC list of abusive police officers who torture innocent people in police custody.
We once again deplore and condemn the unprofessional conduct of the ZRP in acting as Zanu PF militia and arresting people without reasonable suspicion, contrary to the constitution of Zimbabwe as exemplified by the arrest and detention of Mr. Nyathi for four days in complete contravention of the law, which not only requires that arrest should be effected where there is reasonable suspicion of the commitment of an offence, but also that any person so arrested shall be brought before a court no later than 48 hours from the time of the arrest. In the arrest of Mr. Nyathi, not only was there no reasonable suspicion, but there was also a failure to bring him to court with the stipulated 48 hours. For the entire 4 days, Madira and Musuna remained clueless as to what factual foundation there was to charge Mr. Nyathi. They could not even formulate a coherent charge against him, and resorted to crude attempts to force him to answer questions in the hope that in the process he might tell them something, which they could use as a factual foundation to formulate some charges against him.
Professor Welshman Ncube
MDC Secretary General