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Zanu PF should rein in militia supporters: by Nyasha Nyakunu PDF Print E-mail

 South African President Thabo Mbeki’s optimism that the 2008 parliamentary and presidential elections will  be free and fair does not immediately resonate with events on the ground amid reports that certain areas within Zimbabwe’s geo-political space have been declared no-go areas for certain political parties

.According to media reports ruling Zanu PF militia have declared Gutu North constituency in Masvingo Province a no-go area for civic rights activists, suspected opposition MDC members as well as the media. In its issue of 31 August – 6 September 2007, The Mirror which is based in Masvingo reports that on 11 August 2007 a team from Restoration of Human Rights Zimbabwe (ROHRZIM) which was headed for Mupandawana in the same constituency to donate soccer balls had been barred by the police from proceeding to the venue.

According to the organisation’s vice president Sten Zvorwadza, their mission was to support a planned soccer match as part of initiatives to promote tolerance in marginalised communities by raising awareness on issues of human rights.

Zvorwadza described the police action as reflective of “sate paranoia” and a violation of constitutional provisions and regional instruments on the right to freedom of movement and association.

This came barely a week after heavily armed police and other state security agents reportedly barred hundreds of people from proceeding and congregating at the homestead of the late opposition MDC national chairman Isaac Matongo for his memorial service.

On 23 August 2007 Godfrey Mutimba, a reporter with the privately owned Standard was detained for four hours by ruling Zanu PF militia at a shopping centre in Masvingo Province’s Gutu district.

During their four-hour ordeal, Mutimba and his friend who were detained at Mushayavanhu business centre, were pushed and shoved by the militia who were armed with sjamboks and sticks. The militia was reportedly on patrol in the area during Matongo’s memorial service which was disrupted by heavily armed police.

Mutimba was following up reports that several villagers who defied orders by traditional leaders not to attend the memorial service were being victimised by Zanu PF officials. This came amid reports that Zanu PF militia had declared Gutu North a no-go area for MDC supporters.

“They ordered us to sit down and produce our IDs (identification documents). Their leader, Joe Masanga, claimed he had seen us earlier at Matongo’s memorial service. He said we were back (in the area) on a spying mission. They wanted to beat us with sticks and sjamboks and for a moment I thought that was the end of my life,” said Mutimba.

The two were only released following the intervention of Benson Dandira, the Zanu PF councilor for Ward 35 who ordered their captors to set them free as Mutimba was an accredited journalist as required under the repressive Access to Information and Protection of Privacy Act (AIPPA).

Back to President Mbeki’s optimism. His optimism sounds rather discordant in view of these disturbing developments which should be nipped in the bud before they take root and spread to other areas ahead of the elections.

Mbeki as the mediator in the talks between the opposition MDC and ruling Zanu PF should openly and frankly discuss the violence, intimidation, threats, torture, harassments and abductions that stalk the Zimbabwean political landscape especially in the run-up to elections. This should be done with the aim of extracting firm and binding commitments and undertakings by political parties to rein in their supporters.

There should also be firm and tangible commitment from the government of Zimbabwe guaranteeing that the police and other state security agents will be professional and non-partisan in the execution of their duties and that those found on the wrong side of the law will be dealt with accordingly regardless of their political affiliations.

Mbeki’s advance optimism should be preceded by ensuring that concrete steps are taken, sooner rather than later, to secure or deal with the political fundamentals that allow or curtail the right to  free and unhindered political campaigns, freedom of association, assembly, media freedom and freedom of expression.

The obvious first step towards that eventuality is to take very serious note of these worrying developments in Masvingo province as a contextual agenda item during the Pretoria-mediated talks to resolve the Zimbabwean crisis.

Without that, Mbeki’s optimism in the absence of visible benchmarks, indicators and pointers to that effect, will  not be shared by many coming as it does against the backdrop of the events in Masvingo.

2.             Summary of Media Alerts: Month of August 2007

Victim/ Concerned Party Violation/ Event/issueDateStatus of matter
Interception of Communications Bill (ICB)President Robert Mugabe signed the ICB which allows the interception and monitoring of communications in the course of transmission through telephones, emails, cellphones and postal services.3 August 2007The statutory instrument which advises when the law becomes operational in terms of Zimbabwean laws was still to be published.
Associated Newspapers of Zimbabwe (ANZ) publishers of the banned Daily News and Daily News on Sunday.The government reportedly agreed to appoint a special committee to deal with ANZ’s application to be licensed and resume publication in terms of the restrictive Access to Information and Protection of Privacy Act (AIPPA).9 August 2007This follows the High Court’s ruling on 9 May 2007 in which Justice Anne-Mary Gowora re-affirmed the inability of the state-controlled Media and Information Commission (MIC) to consider the application because of the bias of its chairman Dr Tafataona Mahoso. The Minister of Information and Publicity Dr Sikhanyiso Ndlovu had not appointed the independent special committee in question by end of August.
Telecel Zimbabwe The Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) cancelled Telecel’s 15-year old licence saying the mobile phone service provider had failed to regularise its shareholding structure which is “heavily skewed” in favour of foreigners in terms of Section 43 of the Postal and Telecommunications Act (Chapter 12:05).9 August 2007Telecel’s majority stake of 60 percent is currently owned by Telecel International while the remainder is owned by Empowerment Corporation. Telecel appealed against the POTRAZ decision.
High Court Judge Justice Joseph Musakwa.Telecel to continue operating pending the outcome of its appeal against the cancellation of its licence.15 August 2007Justice Musakwa granted Telecel a provisional order to continue operating and suspended the cancellation of its licence pending outcome of its appeal.
Tsvangirai Mukwazhi, freelance photojournalist.The state-controlled MIC fails to proceed with the hearing against Mukwazhi after his lawyers argued that the section of the draconian Access to Information and Protection of Privacy Act under which the statutory regulatory body was charging him was inapplicable. The MIC had charged Mukwazhi in terms of Section 52 B (1) (b) of AIPPA which relates to applications to operate a mass media service.20 August 2007Mukwazhi has never applied to operate a mass media service. The MIC stated that it would come up with a fresh charge and re-summon Mukwazhi whom it accuses of deliberately presenting wrong information to the statutory body when he applied for renewal of his 2007 accreditation.
Godfrey Mutimba, journalist with the privately owned weekly Standard newspaper.Detained for four hours together with his friend by ruling Zanu PF militia at Mushayavanhu Business Centre in Gutu District, Masvingo Province. The militia threatened to beat them with sticks and sjamboks.23 August 2007Mutimba who was following up reports that Zanu PF officials were victimising villagers who had attended a memorial service for the late MDC national chairman Isaac Matongo. They were only released following the intervention of Benson Dandira, the Zanu PF councilor for Ward 35 in Gutu.
Betty Makoni, Director of Girl Child Network,  Loreen Karara and Michealene Rosley children’s rights activists from the United States.Karara and Michealene were deported from Zimbabwe on allegations of practicing journalism without accreditation in terms of Section 83 (1) of the  Access to Information and Protection of Privacy Act.23 August 2007Makoni and the two US-based children’s rights activists were arrested on 20 August 2007 at the Girl Child Network Village in Harare’s dormitory town of Chitungwiza. They were interrogated for more than 13 hours. Makoni was released without charges while Karara and Michealene were detained overnight. Their video cameras, filming equipment and tickets were confiscated. All the equipment was later released excluding one laptop which the police said would be released to their lawyer Lawrence Chibwe of the Zimbabwe Lawyers for Human Rights.
Journalist Gift Phiri.Phiri’s trial on allegations of contravening Section 79 (1) of AIPPA opened at the Magistrates Courts in Harare.27 August 2007The charge relates to practicing journalism without accreditation.
Journalist Gift PhiriHis trial is postponed to 30 August 2007 after the arresting officer Detective Inspector Rangwani who was expected to give evidence failed to turn up.28 August 2007At the commencement of the trial, the defence team of Beatrice Mtetwa and Harrison Nkomo raised the issue of the outstanding investigations into the torture and over detention of Phiri as ordered by the remand court. The defence also urged the court to consider charging the police with contempt of court for failing to produce a report in that regard as ordered by the court.
Journalist Gift PhiriHarare magistrate Stanley Chimedza acquitted Phiri on charges of contravening Section 79 (1) of the repressive Access to Information and Protection of Privacy Act (AIPPA) which relates to practicing journalism without accreditation.30 August 2007The magistrate stated that the section under which Phiri was being charged did not create the alleged offence but that the offence would have been created under another section of AIPPA.
 
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