The Zimbabwe Human Rights NGO Forum (the Forum) is deeply concerned with the apparent trend of manipulation of the criminal justice system to punish dissent through prolonged and undue pre-trial incarceration, and selective targeting of political opposition leaders and human rights defenders.
From left: Hopewell Chin’ono, Job Sikhala and Fadzayi Mahere
Political opposition leaders and human rights defenders are being arrested on frivolous charges and this is becoming a recurring anomaly which stands as evidence of the weaponisation of the criminal justice system to intimidate and threaten perceived voices of dissent. This pattern has become increasingly evident over time, with the recent arrests of investigative journalist, Hopewell Chin’ono, MDC Alliance Vice-Chairperson, Job Sikhala and MDC Alliance Spokesperson, Advocate Fadzayi Mahere serving as a clear indication of the trajectory we are set to follow in 2021.
The trio have been arrested and charged with violating section 31 of the Criminal Law (Codification and Reform) Act which criminalises “publishing or communicating false statements prejudicial to the State”, a charge which was ruled to be unconstitutional and inconsistent with the Constitution in 2014 by the then Deputy Chief Justice, Luke Malaba in the case of Chimakure & 2 Ors v The Attorney- General of Zimbabwe SC 14/2013.
The collective incidents of arrests related to political opponents, human rights defenders and other opposition figures on frivolous and vexatious charges are not isolated to these latest arrests. In November 2020, police officers arrested Jacob Mafume on charges of criminal abuse of office, in addition to subsequent charges of allegedly interfering with a key witness. In September 2020, Takudzwa Ngadziore was arrested on charges of participating in a public gathering with intent to promote public violence.
In October 2020, Youngerson Matete and Prince Gora were arrested on charges of kidnapping, participating in a public gathering with intent to promote public violence and of breaching the peace. In December 2020, Allan Moyo was similarly arrested on charges of participating in a public gathering with intent to promote public violence. In all these cases, the wrath and retribution of the government is clearly evidenced by the adoption of pre-trial incarceration procedures as a punitive measure. A case in point is that of student activist, Allan Moyo, who has been remanded in prison for the past thirty-seven days without a trial. It appears that the government has become fixated with punishing dissenting voices in the country through prolonged pre-trial incarcerations.
The Forum notes with concern that these arrests are seemingly meant to intimidate opposition figures from speaking out and calling for the government to be accountable to its people. The government continues to default on its obligations in terms of the Constitution and in terms of international law. In terms of sections 58, 59, 60 and 61 the Constitution of Zimbabwe, citizens are entitled and well within their rights to speak out and complain when their freedoms have been infringed upon.
The Forum joins all progressive Zimbabweans and members of the international community in condemning the misuse of the criminal justice system to unduly arrest and incarcerate perceived opposition figures to the established regime.
COMMENTS
It is my considered view that one of the factors why the government is bent on destroying the main and genuine opposition party is that the current government leaders including the president have below average intelligence. Such people lack the capacity to debate and articulate their views clearly and hence their response in trying to decimate the people they fear intellectually.
If one compares the intellectual capacity in the ruling party and the MDC-A, it becomes glaringly clear that there is a huge gap with the opposition boasting by far of having more intelligent people than the ruling party which appears to be a sin to ZANU-PF.
You look at the quality of cabinet ministers, there is no one I mean no one, who could compare with previous cabinet ministers like Edison Zvobgo, Herbert Ushewokunze, Edgar Tekere, Bernard Chidzero, Joshua Nkomo, Sydney Malunga Dumiso Dabengwa just to mention a few.
Since they are daft and afraid of the more intelligent and articulate leaders of MDC-A ,the ruling party spends most of their time planning and scheming on how to decimate the main opposition party or even to eliminate their leaders instead of planning and scheming ways to respond to the needs of the people they pretend to represent. They dwell too much on primitive ways to remain in power, shame on you.
You call the nation to prayers when your hands are dripping with blood. You deliberately arrest innocent political activists to expose them to the deadly Covid-19 and you think God will listen to your hypocritical prayers,, you wicked, spineless and merciless people. One day you will taste your own medicine.