|The ZIMBABWE Situation||Our
thoughts and prayers are with Zimbabwe |
- may peace, truth and justice prevail.
Regional Affairs Reporter
Victoria's farmers, after years of drought, bushfires, variable commodity prices and kangaroo, wild dog and emu problems, could justifiably feel hard done by. But today they will hear from a farmer who had to leave all that was familiar and rebuild his life.
Zimbabwean tobacco farmer Andrew van Veen arrived in Australia last October after being forced, by President Robert Mugabe's supporters, from the farm where he was raised.
Mr van Veen, who is being sponsored to work as a senior farm hand at a Berriwillock cereal farm in north-west Victoria, said the "wheels fell off" his life in Zimbabwe when Government supporters invaded his and neighbouring properties and prevented the farming of the lands.
Mr van Veen said landowners in Mashonaland East, where he lived, supported each other but were prevented by angry mobs from making a living. In the end, it was a choice of moving to the cities for work or transporting his wife and daughter, now 21 months old, to a new country. The van Veens, who had a second daughter in January, have been sponsored on a four-year visa.
"I could probably have carried on living there
but I might have ended up with a bullet in my head or an axe in my arm," Mr van
Veen said. "It was just so unpleasant and we weren't allowed to farm, (but) you
have got to put food on the table."
Mr van Veen will today address 200 farmers from around the state at the Victorian Farmers Federation pastoral group AGM. The conference, expected to be attended by 500 farmers, is expected to include fiery exchanges during a "politics and the environment" panel tomorrow and in a GM crops debate on Wednesday. A VFF spokesman said the conference would provide a forum to debate a number of issues affecting farming in Victoria.
Mr van Veen, who wants to move into managing farms, will also discuss the differences between Australian and Zimbabwean agriculture.
For Further Information Please Contact:
Nkanyiso Maqeda, MDC Director of Information: 0263 91 248 570
James Littleton, London: 00 44 7771 501 401
We are encouraged by the statements of Presidents Thabo Mbeki of South Africa and George W. Bush of the United States, that there has been a meeting of minds between the two presidents on the Zimbabwe crisis.
We are encouraged by the statements of Presidents Thabo Mbeki of South Africa and George W Bush of the United States, that there has been a meeting of minds between the two presidents on the Zimbabwe crisis?.We also hope that a firm time-frame will be established to restore democracy to Zimbabwe, which reflects the need to resolve the crisis urgently as expressed by President Mbeki,? said MDC President Morgan Tsvangirai (9 July 2003)
International organisations such as the UN should ensure that rigorous vetting procedures are adhered to if they decide to continue to select members of the Zimbabwe Republic Police force. This clearly did not happen in the case of Detective Inspector Henry Dowa. This is an officer who is guilty of committing gross atrocities against innocent civilians in Zimbabwe?.His deployment in Kosovo is an affront to human rights, an affront to democracy and an embarrassment to the UN,? said Professor Welshman Ncube, MDC Secretary General (11 July 2003)
The protests (2-6 June) called by the MDC were not illegal?.Not only are assertions that the MDC defied court orders dangerously misleading so to are reports that the ultimate aim of the week of mass action was the forced removal of the Mugabe regime?The aim of the mass action was to peacefully bring pressure to bear on Mugabe and his regime to enter into unconditional dialogue aimed at resolving the crisis of governance in Zimbabwe,? said Paul Themba Nyathi, MDC Secretary for Information and Publicity (15 July 2003).
Thursday 17 July, the High Court ruled that the trial of the Presidential
Election Petition, filed by the MDC, will begin on Monday 3 November 2003. In
response to the ruling, MDC Secretary for Legal Affairs, David Coltart
?The MDC remains committed and determined to press ahead with the Election Petition in the High Court and is confident that justice will ultimately prevail. Whilst it is a matter of grave concern that it has taken so long for the matter to come to trial, at least now Zimbabweans and the world will be able to understand how the will of the people was denied in March 2002.?
MDC MP?s Home Destroyed
The home of MDC MP Jealous Sansole was recently destroyed by Zanu PF militia. The militia also looted a shop owned by Sansole. Sansole reported the matter to the police, however, the police have yet again failed to take any action against the violent crimes perpetrated by Mugabe?s militia.
Chimanikre Charged Under Draconan Act
MDC Deputy SG, Gift Chimanikire, last week became yet another victim of Mugabe?s draconian Public Order and Security Act, a piece of insidious legislation widely condemned as a systematic assault on basic civil liberties. Police charged Chimanikire under POSA for allegedly authorising the publication of advertisements in newspapers that denigrated Mugabe. Chimanikire denies the charge.
Harare Mayor Under Constant Attack
Since returning from a recent private visit overseas, MDC Mayor for Harare, Engineer Elias Mudzuri, has been arrested twice, had his official bodyguards removed, and is currently resisting attempts by the Mugabe regime to force him out of his official residence. In a move that was clearly politically motivated, Mudzuri was ?suspended? on spurious grounds by Mugabe?s Minister for Local Government, Ignatius Chombo on April 29. MDC President Morgan Tsvangirai recently urged Harare Councillors to ignore the regime?s directives against the Mayor unless they are endorsed by the full council.
Mugabe?s Militia Attack Again
At least 12 people were injured last week when a group of Mugabe?s violent youth militia assaulted people evicted from a mine complex that has been turned into a ?training camp? for the militia.
Churches Say Sorry
Last Thursday the Zimbabwe?s Council of Churches apologised for not doing enough to help stop political violence, hunger, and the economic collapse of the country.
?We have, with our own eyes, watched as violence, rape, intimidation, harassment and various forms of torture have ravaged the nation. Yet some perpetrators have been set free,? the council said in a statement
Belated Appeal For Food Aid
The Mugabe regime is expected to make a belated appeal next week for humanitarian assistance. The MDC and civil society groups have been urging the regime for months now to appeal for food aid, given the low level of food stocks available, the expected yield from this year?s harvest and the number of people in desperate need of food aid.
The WFP recently issued a warning that it has been unable to secure funding from donors because there had been no official appeal for aid from the regime. In the latest crop and food supply assessment report by the WFP and the Food and Agricultural Organisation, it was estimated that 4.4 million people in rural areas and 1.1 million in urban areas would require food assistance in 2003/04.
UN Human Development Report 2003
According to the UN Development Report 2003, Zimbabwe dropped to 145th position from 128th in 2002. The report concluded that Zimbabwe was one of the worst performers amongst developing countries. The findings of the report underline the scale of economic and social deterioration under Mugabe and Zanu PF. Until democracy is restored in Zimbabwe our standards of living and quality of life will continue to deteriorate at alarming rates.
Life expectancy in Zimbabwe is now estimated at 35 years for the period 2000 to 2005, as compared to 61 years in 1990.
Blood Transfusions Under Threat
Zimbabwe?s National Blood Transfusion Services last week issued a dire warning that it might be forced to close down in September if it fails to import materials used in testing donated blood for diseases. This deeply alarming development is symptomatic of the pervasive collapse of the public health system over the past three years. Scores of healthcare professions have fled the country to escape atrocious working conditions, poor remuneration and the ubiquitous nature of the state sponsored violence, whilst the lack of foreign currency, precipitated by the politically induced economic collapse, has precluded the importation of critical medicines.
Inflation Rate Spirals Out of Control
The rate of inflation has gone up by 64.5% over the past 4 weeks, according to official figures, and now stands at 364.5%. The ?real rate? of inflation, however, is considered to be much higher. Economists are estimating that, on the basis of current economic trends, Zimbabwe is likely to have an official inflation rate nearing 1,000% by the end of the year.
Price of Maize and Bread Becoming Unaffordable
Mealie-meal prices have gone up by 500% after the state controlled Grain Marketing Board recently increased the selling price of maize to millers by 1,600% from Zim$9,600/tonne to Zim$211,756.
Last week the price of bread leapt from Zim$550 to Zim$1,000 a loaf following the GMB?s decision to increase the selling price of wheat by 1,000%.
Such huge increases in the prices of essential foodstuffs increases the number of ordinary Zimbabweans who are simply unable to afford basic commodities, even when they are available.
Zimbabwe Heading for Darkness
An article in the Daily News last week reported that the Zimbabwe Electricity Supply Authority is now unable to pay for vital spares and equipment needed to keep the national power grid up and running. In addition, the article suggested that many parts of Harare could be plunged into darkness because ZESA is unable to pay for 18 transformers it needs to keep power flowing to 12 of the Harare?s residential areas.
Tobacco Sales Down
According to the Tobacco Industrial & Marketing Board, sales of tobacco, traditionally Zimbabwe?s biggest source of foreign currency, are down 34% this year in comparison to last year?s figures.
Zanu PF Mayors Lavished With Gifts
Zanu PF run Gweru and Kwekwe city councils, have approved substantial exit packages for their executive mayors who are scheduled to stand down from their positions ahead of elections planned for next month. Both mayors will be allowed to keep their official Mercedes. In addition they will also receive a new Nissan truck, a piece of land and a sum of money.
These exit packages are an offence to the millions suffering in gratuitous poverty in Zimbabwe. Whilst senior Zanu PF officials continue to live in comfort, enjoying ostentatious lifestyles, the rest of Zimbabwe is forced to wait for hours in queues for basic foodstuffs which often are unavailable or unaffordable.
New Bill To Fine MDC MPs
The illegitimate Mugabe regime, in yet another attack on civil liberties, is planning to introduce a ?Privileges Amendment Bill?, that will contain provisions enabling the authorities to punish MDC MPs who boycott presidential addresses and who ?wilfully absent themselves from parliamentary sittings or interrupt Presidential addresses to parliament?. MDC MPs, found guilty of contravening this insidious and undemocratic proposed piece of legislation, would be liable to fines equivalent to 6 months salary.
Sokwanele Press Release 20 July
Apart from fuel delivered to Duly’s Triangle
and Croco Motors Chiredzi
for ZANU PFs’ use only, the area has not had fuel delivered for seven weeks.
There is fuel available every now and again on the black market at between
$2300 and $2600 per litre and it is suspected that this fuel comes from Noczim
to ZANU PF to be sold on the black market.
War Vets Rob Bank
War vets have allegedly robbed the Barkleys
Bank at Triangle. Details of this story
are very sketchy, and everybody is too frightened to talk, even the police.
Obviously they have been threatened and told not to let this story out. More
details to follow as soon as possible.
Settlers Up Stakes
The following is an exact copy of a letter to
Mugabe that has been passed on to a reliable source. The contents indicate that the Chiredzi
district may be in for some trouble.
It is very significant that the meeting was held in the Hippo Valley Boardroom and included higher management.
THE DISTRICT ADMINISTRATOR
P.O. BOX 199
3 JULY 2003
FOR THE ATTENTION OF:
THE HONOURABLE PRESIDENT OF THE REPUBLIC OF ZIMBABWE,
CDE ROBERT MUGABE
COMPLAINTS FROM A2 FARMERS: SUGAR CANE FARMERS:
IN A RECENT MEETING CONVENED BETWEEN A2 FARMERS AND HIPPO VALLEY ESTATES
MANAGEMENT ON 02-07-03 AT HIPPO VALLEY ADMINISTRATION BOARDROOM THE FOLLOWING
ISSUES WERE NOTED:-
1.IT SEEMS CHIREDZI DISTRICT IS DIFFERENT FROM OTHER DISTRICTS IN
THE COUNTRY IN THE SENSE THAT ALL TOBBACCO, WHEAT AND CATTLE
A2 FARMERS IN OTHER DISTRICTS HAVE NO PROBLEMS WITH THE WHITE
COMMERCIAL FARMERS. THERE ARE NO INTERFERENCES WHATSOEVER
IN THEIR DAY TO DAY OPERATIONS. IN CHIREDZI DISTRICT THE FORMER
WHITE COMMERCIAL FARMERS ARE STILL CLINGING ON THE LAND
THAT WAS DESIGNATED FOR RESETTLEMENT PURPOSES. RACISM BY
THE UNREPENDENT WHITES IS STILL RIFE AND THE A2 FARMERS IN
CHIREDZI ARE CONSIDERED OR LABELLED AS THIEVES WHO STEAL THE
WHITEMAN’S SUGAR CANE.
2. THE A2 FARMERS WHO IN APRIL THIS YEAR DELIVERED THEIR CANE TO
HIPPO VALLEY MILL ARE NOT YET PAID FOR THEIR CANE.
SURPRISINGLY HIPPO VALLEY ESTATES ENTIRE BLACK MANAGEMENT
WORKING IN CAHOOT WITH WHITE FARMERS HAS STOPPED ALL
PAYMENT AND HAVE LODGED THE MONEY WITH THE HIGH COURT
PENDING DECISION BY THE COURTS.
IN A MOVE SEEN AS BACK TRACKING FROM EARLIER PROMISES THE
COMPANY HAS TAKEN UPON ITSELF TO USE ITS OWN LAWYERS-
SCARLEN AND HOLDERNESS TO GIVE THE INTERPLEADER NOTICES TO
A2 FARMERS THUS DEPRIVING THEM OF THEIR HARD EARNED MONEY
FROM THE SALE OF CANE. THE CASE HERE IS NOT BETWEEN HIPPO
VALLEY ESTATES AND A2 FARMERS BUT A CASE BETWEEN THE FORMER
WHITE COMMERCIAL FARMERS AND THE ACQUIRING AUTHORITY –
MINISTRY OF LANDS. THIS ALONE SHOWS THAT HIPPO VALLEY
ESTATES WANTS TO FRUSTRATE GOVERNMENTS AGRARIAN LAND
3. IN CONTRAST TRIANGLE LIMITED IS PAYING THE A2 FARMERS FOR
CANE DELIVERED TO TRIANGLE MILL. THE CANE COMES FROM THE
SAME FORMER WHITE COMMERCIAL FARMERS. IF ONE SENDS HIS/HER
CANE TO TRIANGLE MILL HE/SHE IS PAID BUT IF ONE SENDS TO HIPPO
VALLEY ESTATES HE/SHE IS NOT PAID. THERE IS THEREFORE NEED FOR
POLITICAL INVOLVEMENT AT THE HIGHEST LEVEL TO TELL ANGLO-
AMERICAN CORPORATION THAT FRUSTRATING GOVERNMENT’S LAND
REFORM PROGRAMME IS TREASONABLE AND UNCALLED FOR.
1. TO AVOID FURTHER PROBLEMS WITH A2 FARMERS HIPPO VALLEY
ESTATES SHOULD PAY A2 FARMERS IMMEDIATELY FOR THE CANE
DELIVERED AS PER AGREEMENT ie, 7 DAYS AFTER THE END OF EACH
2. HIPPO VALLEY ESTATES SHOULD EMULATE TRINGLE’S EXAMPLE OF
PROMOTING CO-EXISTENCE AND GIVING UNWAVERING SUPPORT TO
3. IF HIPPO VALLEY ESTATES IS NOT FORTHCOMING IN PAYING A2
FARMERS. THE FARMERS SHOULD BE ALLOWED TO RE-ROUTE
THEIR CANE TO TRIANGLE MILL FOR PROMPT PAYMENT OF THEIR
4. ALL WHITE COMMERCIAL FARMERS SHOULD MOVE OUT OF ALL DISIGNATEDLAND
5. SECTIONS 5 AND 8 SHOULD BE MADE BINDING AND CLEAR GUIDELINES
ON THE ACQUISITION SYSTEM BE PUT IN PLACE.
6. A2 FARMERS SHOULD BE PAID THEIR MONEY SO THAT THEY PAY BACK
BANK LOANS. BANKS ARE NOW HISITANT TO GIVE LOANS TO A2
FARMERS FEARING THAT THEY WOULD NOT GET THEIR MONEY BACK.
COMPILED BY MEMBERS OF CHIREDZI DISTRICT LAND COMMITTEE
C.C. MP. CHIREDZI NORTH
First they rape the land, now commerce and industry?
The Ministry of International trade and Commerce
in Masvingo has been sending letters to white, Indian and Asian business owners
advising them that it is government policy that twenty per cent of the
shareholding in their company must be transferred
to indigenous Zimbabweans and asking what steps they have taken to transfer
those shares or what steps they are taking in this regard.
The letter explains that "key strategic
industries" must be accessible to indigenous
Zimbabweans although the letter does not define what a “key strategic industry” is, and neither does it define what is meant by “indigenous”.
In some cases, the letters have been sent to business people who are sole proprietors and in no case can the business in question be said to be a key strategic industry. The largest company in Masvingo is a family concern, owning a wholesale and several retail outlets in town and in the province. It is not an industry. An estate agent and a travel agent have also received the letters.
When the local office of the Ministry was contacted, the signatory of the original letter, Mr. Rubaya, was amiable and stated he was merely carrying out instructions from his head office. He then proceeded to inform the concerned businessman that he advised all business owners to respond to the letter as Cabinet needed to discuss the replies in the near future, and that it would not be in their best interests to ignore the letters.
Further into their telephone call, when it was pointed out to the official that regardless of the response from the business community, the Government would do whatever they wanted, the official cheerfully agreed. He went on to remind his caller that, as with the commercial farmers, Government could and would simply ignore the law. He agreed that there is no legislation in place at the present time which could compel any company to transfer its shares to anyone it did not want to. Indeed, the constitution in its present form does not allow discrimination on the grounds of colour.
Most business owners have simply torn up the
letter. Others have responded by saying that the shareholding in the company is
already entirely in the hands of indigenous
Zimbabweans, thereby leaving it to the Ministry to come back to them
and define the term indigenous.
Apparently one business owner in Chiredzi has received the same letter, but none in any of the major Zimbabwean cities.
There are sinister signs indicating that Zanu PF's platform for the next parliamentary elections will work on the basis that they can score major inroads into MDC urban strongholds. They may be preparing to tempt workers, that they will empower them economically by giving them a stake in the companies for which they work. Whilst the letter does say that funding for the purchase of the shares is being worked out, it does not say specifically that employees of the company will be the beneficiaries and it does not say who will set the price of the shares.
A copy of the letter is available on request.
On the fuel front, it has been reported that most service stations have not received petrol since the 6th June and diesel since the 17th May. The notable exceptions to the fuel crises are Exor, owned by Simon Muzenda, and a Total station in Mucheke, owned by a Mrs. Mandaba, a Zanu pf party stalwart.
It has been established that about ten days ago about 30 000 litres of fuel came to the Total depot. According to the retail marketing manager at Total in Masvingo, the fuel was owned by zanu pf, who directed that Total then deliver some of it to Mandaba and that the remainder be distributed to Exor. It was then available at the gazetted pump price, but only to those who were in possession of coupons issued by zanu pf.
When complaints were lodged, the retail manager claimed the fuel was designated to be sold to people who had to attend the president’s rally at Tokwe Mukorsi Dam in Chivi last Saturday. He had no answer to the question as to why a multinational fuel company should be taking instructions from a political party regarding the invoicing and distribution of fuel to particular service stations.
When the matter was taken up with a Stanley Hatendi, the second in charge
of Total in Harare, he professed ignorance about the matter. At the time of this release, diesel (not petrol) is available from Exor at a pump price of $1200 per litre. There is a sign boldly proclaiming "plenty diesel" outside the garage. It appears to be available to anyone - not just party card holders.
Copy of a letter from Roy Bennett
It’s been a hectic couple of weeks since I last wrote, but I guess that is now par for the course.
You never quite become used to it. It still makes your blood boil every time one of these thieves thinks they can steal or kill with impunity.
Well, as I stated last time, the government has reacted to the considerable pressure that many of those of you who are in the media managed to exert. For this I am grateful, and again in your debt.
However, it was a victory of limited worth, as before they left, the evil thieves managed to steal over $110 million dollars worth of property. Much of this was the personal possessions of my farm manager and his wife, Norm and Isobel Gardiner. These are two who have already suffered so much, in the last farm invasion and beatings. To now lose all their photographs, their clothes and their children’s clothes is heartbreaking.
The assistant manger, MR Brown Leston and his family had everything trashed and stolen, including his kid’s school books and Sunday school materials.
Unfortunately, it now looks like the whole saga may start again. One of the key organisers, a Mr Tendai Gurira, has been threatening to invade the farm again. In his arrogance and assumption of immunity from the law, he has identified himself.
We also have more arrests and harassment at Chimanimani, but this has become a daily note.
But you never must let this get you down, and I am in the process of filing a legal suit against Mugabe, as the prime instigator of the these actions. If we back down here once, we let them win. So we fight on.
On a more general note, Morgan Tsvangarai is now out of jail, and more fiery than ever. So we are looking at interesting times in the future. But certainly the struggle is stepping up again. This time we will hopefully learn from the mistakes of the past, but I am very hopeful that many of the problems we have are already ironed out.
It cost the regime a lot to stop the mass action last time, more than many people know, and their capacity is reducing every day.
Meanwhile, on the home front we are redoubling our efforts to keep the pressure on these thieves, these kleptocrats that are still clinging to control, trying to squeeze still more money out of the rapidly dying Zimbabwean economy.
Thank you again for your support. Change is coming.
Roy Bennett MP
1. Police take over school at Charleswood Estate
In a further act of political harassment,
Below are the details of their actions. For more information, please call 04748240.
07.07.03 At around 1030hours a Defender Registration Number 288D arrived at the farm with police officers in uniform. Among them were Inspector Mabunda from Chipinge, Inspector Chogugudza, Assistant Inspector Chivandika and Sergeant Zulu. They were armed with FN rifles. They went to see the headmaster, Mr. Majokwiro, at the school and told him they needed a classroom so they could stay at the farm. Mr. Majokwiro had no alternative but to give them they keys.
They left four constables who are based at the school. As justification for this action, they falsely alleged that people at Charleswood are assaulting the settlers.
09.07.03 The four policemen based at the school arrested Chaveni Ngwenya, Gift Jari, Danai Shokobishi and Tari Mukungatu, all farm workers at Charleswood estate for questioning. They were kept at the school for five hours and later released. The police allege that the reason they were detained was for assaulting settlers. However, then did not substantiate who was allegedly assaulted or have registered such a complaint. These arrests and the presence of the police on the farm substantially hinders ordinary operation of the farm, in spite of court orders against the Chimanimani ZRP officers from doing so.
Inspector Chogugudza visits the policemen on a daily basis. He arrives with his deputy, Assistant Inspector Mufiriranwa and Sergeant Zulu.
Gift Jari claims he was assaulted by an army settler by the name of Jokoja and a worker of Jokoja’s who slapped him twice on the face. A report was made to the police - but no action has been taken.
Shepherd Rufeyo a worker at Charleswood Estate was
There have also been several incidents where the Police open fire on the farm for no reason. Workers now run away each time they see the Police around the farm.
The presence of the police on the farm is disrupting most operations as the farm workers fear they will be victims of assault and unlawful arrest.
Efforts to trace Shepherd Rufeyo at the Police Station were fruitless and the matter has been handed over to Mr. Maanda at Henning Lock and Mr. Tsunga of ZLHR.
2. Ruwa occupation leader identifies himself, admits involvement.
Monday, 30 June at , Roy Bennett received a threatening phone call from an unidentified individual stating,
Caller: we have taken your farm. Cease operations.
At this stage Roy Bennett cut them off. They then called straight back and said
Caller: you are not listening to us. Obviously you
do not realise who you are dealing. You are calling sanctions on
Mr Bennett: the land invasions are over
Caller: you will see, they are just beginning. People like you we will destroy. You insulted the government.
Caller: you will see what we can do to you.
At which time
The phone call was from Netone number 011422836. We have know identified the caller as Tendai Gurira, a failed Zanu-Pf candidate for Harare city Council and the leader of the June violent occupation and looting of the farm that Roy leases in Ruwa.
Since the Daily News made his identity public, Gurira has desisted from
further calls to
3. Assault Charge against Shane Kidd thrown out of court.
Assault charges against Shane Kidd alleging he assaulted Chimanimani ZRP Inspector Choguguguddza were thrown out of court by Magistrate Timothy Khumala in the Chipinge Magistrates Court on Monday the 23rd of June.
Mr Kidd is working in the forestry industry in Chimanimani and is a stauch MDC supporter.
Attached below is the successful Accused Defence outline submitted by Mr Shane Kidd’s counsul, Arnold Tsunga.
HELD AT CHIPINGE
In the matter between
Michael Shane Kidd Accused
1 The accused who is a law abiding, responsible citizen and employer in Chimanimani will plead not guilty to the maliciously trumped up charge.
2. On the day of the alleged assault, the accused went voluntarily to the police station once he gathered information that the police were interested in him. This voluntary co-operation with the police by the accused is inconsistent with the implication of the charge against the accused person, which suggest a completely unco-operative attitude by the accused.
3. Once the accused had voluntarily submitted himself at the police station, he was in a foreign and hostile environment, where he was outnumbered by well trained, fit and armed policemen, central intelligence organisation (CIO) operatives, and the army which are all housed to his knowledge at Chimanimani police station premises. Hardly an environment where even the most brave and stupid could start a physical confrontation with the Officer-in-charge of a police station, let alone even a mere constable.
4. Despite having submitted himself to the police voluntarily, he was still detained. Not only was he detained, but over detained unlawfully until this Honourable court granted him bail . This demonstrates the inherent vindictiveness of the complainant.
5. When he submitted himself to the police voluntarily, the initial impression which only came out when the state outline in casu, was submitted to the accused, was that the accused had held political gatherings/meetings (See para 3 of state outline). What is of course strange is that the state does not make an effort to explain why the accused was never charged in respect of the actual reason why police summoned him to the police station in the first place. This is entirely consistent with the fact that the accused is an innocent civilian who is being persecuted for his political beliefs.
Further and in any case, the accused requested
further particulars of the alleged political gatherings/meetings on
7. The complainant was in plain clothes and the accused was within his rights to expect him to identify himself.
8. The complainant initially charged the accused with C/S 20 of the Public Order and Security Act (POSA) which offence is linked to public order and security and invites severe penalties if convicted. Yet the state allegations go no where near showing any involvement of the public. If anything the facts in the allegations if proved, show a minor conflict which did not warrant the complainant undergoing any medical treatment. Again this conduct by the complainant, shows not only abuse of power, but malice and ulterior motive and a determination to punish the accused by detaining him before this Honourable Court intervened and had him released on bail after overdetention.
9. The state’s alleged facts which are denied, at best show a possibility of common assault. Yet the accused was detained for over 48 hours. This demonstrates malice ulterior motive and lack of professionalism on the part of the police.
10. The complainant and other police details and CIO operatives tortured the accused person and his initial co accused while they were in detention. The complaint of torture was made to this Honourable Court at the first available opportunity by the accused. This Court ordered that a medical examination be done on the accused. Sadly the results of the medical examination show that the accused was indeed assaulted while in detention and suffered serious injury including a perforated eardrum. His initial co accused was also seriously assaulted while in detention. The police released him before Mr Kujinga saw him in order to conceal the fact of assault and also out of shame. Clearly the accused who is the actual victim of police brutality is in this position because the police as part of their wider abuse of power and the judicial process, have switched roles to portray themselves as the victims. This is consistent with selective application of the law which the complainant is guilty of since his assumption of office as Officer-in-charge at Chimanimani.
11. It is also common cause and on record that the accused was denied access to his lawyer, Mr. Kujinga and also to his wife during detention. This was wanton violation of the law by the complainant. Sadly he has always done this with impuntiy in his area of authority to the extent at one time of chasing away in collusion with the CIO ,lawyers Ndhlovu and Maanda at gun point when they had gone to see their clients, one of whom incidentally was the accused in casu. On one occasion this Honourable Court had to issue an order directing the complainant and his fearsome partner CIO operative Joseph Mwale and sadly the Dispol Minor to produce the Hon MP for Chimanimani Roy Bennet who they had detained and tortured and denied him access to see his lawyer and family in September 2002. Given his track history, position in the police force, and control over the decision as to who should be charged, is it a wonder that he has managed to switch roles with the actual victim to become the complainant himself?
Clearly this is a case where this Honourable court must frown at the abuse of judicial process by the complainant who has a well documented history of unprofessionalism and partisanship, especially in a deadly and wicked partnership with arguably the most feared and cruel CIO operative Joseph Mwale in tormenting innocent, law abiding people in the Chimanimani area.
Dated at Mutare this 23rd day of June 2003
Counsel for the Accused