ZIMBABWE: When Security Agents are Abused by Politicians for Personal Benefit: Perceptions on the Conduct of the Zimbabwe Republic Police (ZRP) against Zimbabwean Civil Society Organisations (CSOs) and Human Rights Defenders (HRDs)

Executive Summary

For more than a decade, state security departments especially, the Zimbabwe Republic Police (ZRP) has been consistently arresting thousands of Human Rights Defenders (HRDs) per annum, yet there has never been a single conviction. This speaks volumes about either the motive behind the arrests or capacity of ZRP officers to carry out their investigatory responsibilities in the most effective and efficient manner. There are countless times when HRDs were arrested and later acquitted.

 

Whilst it may be difficult for the Zimbabwe Republic Police to concede and confess being abused by politicians for their political personal benefit, the survey confirmed that the conduct of the police, vis-à-vis the onslaught against Civil Society Organisations (CSOs) and Human Rights Defenders (HRDs) is politically driven.  A corrupt relationship exists between the police and politicians. In this case, politicians as corruptors, could be influencing police action against their perceived enemies and for which the police as corruptee, have authority. In this way, the situation unfolding in Zimbabwe, is a sad one, since the police could have been hijacked and police authority, especially, the arresting powers are being abused to punish perceived enemies of some politicians.  In keeping thereof, the following recommendations are made:

 

The survey has confirmed the following:

a)   The police and other security  departments arrest HRDs for political reasons, other than the motive to fight crime;

b)   The police are getting orders to victimize HRDs from politicians, who are using them for their private political gain. In keeping thereof, Zimbabwean politicians are abusing state or public resources for private gain;

c)    The plight of HRDs has been worsened by lack of support from institutions that should have been helping them. The performance of the following institutions was rated as being unsatisfactory:

 

             i.        Support from the Ministry of Home Affairs, Office of the Prime Minister, Ministry of Justice, and the President is largely unsatisfactory. These institutions have the power to stop the police from violating the rights and fundamental freedoms of HRDs but have not done so, which gives an impression that they endorse police action;

           ii.        Support from the Judiciary was rated by 50% of the respondents as being satisfactory. The acquittals by the Judiciary confirms that the Zimbabwean judiciary is functional; and

          iii.        The National Association of Non-Governmental Organisations (NGOs) was rated as being unsatisfactory, though it was a victim itself, when the ZRP forced entry into its offices.

Pursuant to the above, the following recommendations are made:

Whilst it may be difficult for the Zimbabwe Republic Police to concede and confess being abused by politicians for their political personal benefit, the survey confirmed that the conduct of the police, vis-à-vis the onslaught against Civil Society Organisations (CSOs) and Human Rights Defenders (HRDs) is politically driven.  A corrupt relationship exists between the police and politicians. In this case, politicians as corruptors, could be influencing police action against their perceived enemies and for which the police as corruptee, have authority. In this way, the situation unfolding in Zimbabwe, is a sad one, since the police could have been hijacked and police authority, especially, the arresting powers are being abused to punish perceived enemies of some politicians.  In keeping thereof, the following recommendations are made:

a)   All parties to the Government of National Unity (GNU), particularly, ZANU PF and the two MDC formations, should convene to put a stop to the ongoing harassment of CSOs and HRDs in Zimbabwe;

b)   The seemingly corrupt relationship between the Zimbabwe Republic Police and politicians, from ZANU PF should be investigated and all individuals implicated should be punished in line with Zimbabwean anti-corruption laws and policies;

c)    Individuals who have confessed to be partisan in favor of ZANU PF, such as the Police Commissioner General, Director General of the Prison Services, other senior army officers and the Attorney General, whilst holding positions that forbids partisanship should be dismissed from public service;

d)   The Zimbabwe Republic Police should be reformed to ensure that it executes its duties and responsibilities, fairly, impartially and professionally without any form of political interference;

  

1.   Introduction and Background Information

 For more than a decade, state security departments especially the Zimbabwe Republic Police (ZRP) has been consistently arresting thousands of Human Rights Defenders (HRDs) per annum, yet there has never been a single conviction. The HRDs have also been subjected to all forms of harassment, humiliation, cruel, inhuman and degrading treatment. Adv. Gabriel Shumba, and Jestina Mukoko among many others were tortured and similar cases continue to happen. Regardless of the victims being innocent and after having been arrested for political reasons other than criminality, this trend continues unabated.  This significantly taints the image of the parties involved that include: the Zimbabwe Republic Police (ZRP) and the Attorney General’s Office (AGO). It is preposterous to arrest people fully aware that they are innocent and subject them to cruel, inhuman and degrading treatment.  The status quo makes it unconvincing that the ZRP and AGO are genuinely executing their constitutional mandates fairly, professionally and without bias.

 

Recent evidence of the onslaught against Civil Society Organisations (CSOs) and HRDs by the ZRP and other security agents include the following:

 

a)   On 1 March 2013, the Masvingo Resident Minister and Governor Titus Maluleke summoned over 45 CSOs to a meeting at his offices during which he announced wide ranging restrictions on their work.[1]

b)   On Friday, 1 March 2013 police in Bulawayo raided and confiscated 180 radio sets owned by Radio Dialogue, which is a community radio station and subsequently questioned and detained its manager (Mr. Zenzele Ndebele) before releasing him. Mr. Ndebele, the production manager of the community radio station was charged with possession of smuggled radios in contravention of Section 182 of the Customs and Excise Act. Furthermore, he was charged of possession of a radio receiver in contravention of Section 38 of the Broadcasting Services Act (BSA)[2]

c)    On the 15th of January 2013, the police arrested Mr. Okay Machisa (ZimRights National Director)  and charged him under Section 31, 136 and 137 of the Criminal Law (Codification and Reform) Act for allegedly attempting to defraud the Registrar General’s Office by forging and manufacturing counterfeit copies of certificates of voter registration. Mr. Machisa handed himself over to the police at Harare Central Police Station in the company of his lawyers Beatrice Mtetwa and Gift Mtisi. The Police immediately took Machisa to the ZimRights offices in the capital where they searched the premises in the presence of his lawyers before taking him back to Harare Central Police Station after which they locked him up at Rhodesville Police Station. ZimRights director had been charged with communicating false information prejudicial to the State thereby contravening Section 31 of the Criminal Law (Codification and Reform) Act. Also arrested was the ZimRights secretary, Ms. Faith Mamutse, who was released after police recorded a statement from her.[3] After a spate of failures to grant him, bail Mr. Machisa was finally released on bail on the 29th of January 2013[4] Machisa paid a fine of $500 and is required to report to a nearest police station weekly, as part of his bail conditions.

d)   In addition to the worst brutality, perpetrated against Jestina Mukoko, the National Director, of the Zimbabwe Peace Project (ZPP) on Monday, 11 February 2013, about seven police officers raided the offices of the ZPP in Hillside claiming that they had a warrant to search for the “illegal entry of goods or persons or communication equipment”. The police confiscated computers, files and other items were confiscated during the raid.[5] In addition they took He disclosed that police took away violence incidence reports, about 60 phones used by ZPP’s peace corps in communities and about 60 wind-up radios[6]

e)   On the 19th of February 2013, the The Zimbabwe Republic Police raided the offices of the Zimbabwe Election Support Network (ZESN) in Harare and Masvingo. The search warrant was reported to have been authorizing the police to search for  “any subversive material, documents, gadgets or recordings and any illegal immigrants at Number 10 Rochester Road, Belgravia, Harare”.[7] In Masvingo, ZESN offices situated along Hofmeyer Street were also raided by people suspected to be from the Central Intelligence Organisation who came in two Nissan Hardbody trucks.[8]

f)    On the 6th of February 2013, the Bulawayo police raided the offices of the National Youth Development Trust allegedly searching for voter registration receipts. There were no arrests, but the police confiscated some documents, including the organization’s workshop schedule and transport reimbursement details of its members.[9]

g)   There are also countless cases in which members of WOZA were arrested, assaulted and detained. On the Valentine’s Day on 14 February 2013, 193 members of Woza were arrested in Bulawayo and Harare and about 50 members were beaten with baton sticks by riot police. [10]

h)   On Thursday, the 13th of December 2012, the Zimbabwe Republic Police (ZRP) raided ZimRights Offices in Harare and arrested Mr. Leo Chamahwinya.[11]  Firstly, the police alleged that he was involved in ‘illegal voter registration’ but he was later charged with ‘conspiracy to commit fraud’. After being denied access to the building by lawyers representing the organization, the police took Mr. Leo Chamahwinya to the Police Station. Mr. Chamahwinya, together with Ms. Dorcas Shereni, a member of ZimRights, were arrested on that day for “forgery”, “conspiracy to commit fraud” and “publishing falsehoods” prejudicial to the State. Two other individuals who are neither employees nor members of ZimRights, were arrested and these include, Farai Bhani and Tatenda Chinaka[12].  On the 17th of January 2013, Chamahwinya was granted bail of US$1000 [13].

i)     On the 13th of December 2012, the police telephoned the  ZimRights’ Bulawayo and Mutare offices and demanded that they report for questioning. The Bulawayo Regional Coordinator reported to the police on December 17, 2012 and the Bulawayo office was then subjected to a search. The police claimed to have been looking for material prejudicial to the State. Nothing was discovered or seized and the Regional Coordinator was released with no charge[14]

j)    The chief executive officer of Habakkuk Trust, Dumisani Nkomo, and the senior programmes officer Khumbulani Maphosa were summoned by police in Plumtree for allegedly inciting villagers and politicizing a policy dialogue meeting in Mangwe area. They were accompanied to the police station by Geoffrey Nyoni of Zimbabwe Lawyers for Human Rights[15]

k)   On the 23rd of May 2011, in Tsholotsho, the Zimbabwe Republic Police (ZRP) arrested two employees of the Zimbabwe Human Rights Association (ZimRights) for allegedly holding a meeting with villagers at Tshino area in Tsholotsho .  The officials include: Florence Ndlovu (Regional Coordinator) and Walter Dube (Paralegal Officer). The officials were arrested at a police checkpoint about 60 kilometres from Tsholotsho, on their way back to Bulawayo after police in Tsholotsho had refused them permission to proceed with the meeting.[16] Whilst, Walter Dube, was released, without any charge, Florence Ndlovu was charged under Section 31(2) (b) of the Criminal Law and Codification Act, for allegedly uttering falsehoods prejudicial to the state.[17] After a spate of unnecessary court appearances, Florence Ndhlovu was acquitted when state witnesses contradicted themselves.

2     Research Findings and Discussions

In order to better understand the motive behind the behavior of the Zimbabwe Republic Police (ZRP) , ACT-Southern Africa conducted a public survey, that was done online. Further, questionnaires were through e-mail. The majority of the respondents (83.7%) were Zimbabweans whilst 16.7% were non-Zimbabweans.  

2.1          Whether or not the Police Action is Motivated by Criminality in CSOs or Political Motive

 The majority of the respondents (83.3%) hinted that the onslaught against Civil Society Organisations (CSOs) and Human Rights Defenders (HRDs) by the Zimbabwe Republic Police (ZRP) has nothing to do with fighting criminality but is politically motivated. Police crackdown is a ploy calculated to intimidate and weaken CSOs responsible for  civic and human rights education, documentation of human rights abuses, and electoral monitoring, to name but a few.

2.2          Reasons for the Arrests and Detentions of Human Rights Defenders

 All the respondents (100%) confirmed that the Zimbabwe Republic Police (ZRP) could be getting instructions from politicians, to weaken CSOs to enable them to advance their personal political ambitions. Respondents hold the view that CSOs are basically carrying out their duties and responsibilities which is allowed in terms of the mandates and national laws and policies and there is nothing criminal with their activities in the country.  In this instance, they are targeted simply because of their watch-dog role, in which they monitor and report on government compliance to its laws and international obligations. Furthermore, CSOs are responsible for conscientising the people on their human rights and fundamental freedoms and there could be fears that an enlightened populace will resist abuse.

 Whilst the ZRP is responsible for preserving the internal security of and maintaining law and order in Zimbabwe, without fear or favour,[18] favouritism and bias in favour of ZANU PF is rife within the rank and file of the police. The  Commissioner General, Augustine Chihuri has publicly declared his political affiliation to ZANU PF[19]. Mutingwende (2012) reports that the  Commisssioner General, instructed all police officers to be patriotic and support ZANU (PF) initiated policies and programmes.[20] As a result, the ZRP has on several occasions been carrying out campaigns for and on behalf of ZANU PF. Gagare and Zhangazha (2013) report that the police embarked on a full-scale campaign for ZANU PF ahead of the 2013 elections.[21] Whilst, it is illegal for the police to campaign for political parties, it is also improper for them to use public resources and time for such campaigns.  Refer to Annex -1- showing some of the utterances made by the  Commissioner General.

 

Another candidate who has shown allegiance to ZANU PF is the Attorney General, Johannes Tomana who acknowledged that he is a ZANU PF card carrying member. Whilst everyone has the right to join any political party of choice, the Office of the Attorney General should be neutral of any political linkages in order for it to discharge its duties fairly, professionally and in the most effective and efficient manner.  

 

The Attorney General declared that, “I am Zanu-PF and I am proud to be of that party. Nothing bars me from being a Zanu-PF supporter. Our law protects that right and that is why in society, public offices are occupied by people who are free to belong to their political parties”[22]

 

Tamborinyoka once remarked that “An Attorney-General who makes a public confession that he supports a political party is never fit for office[23]  Whilst speaking at a meeting to review the first diamond conference held in Victoria Falls in November 2012, Johannes Tomana threatened to launch a crackdown on civil society and independent media for exposing human rights abuses and corruption taking place in Zimbabwe, which further exposed his taste for human rights abuses.[24] Consequently, Tomana is directly linked to the plot against CSOs in Zimbabwe.

 

Consequently, senior managers within the rank and file of the police have been campaigning for ZANU PF within police camps and the confession by Mr. Obediah Dodo, a former member of the Central Intelligence Organisation (CIO) confirms political interference in the work of the police. It was unearthed that in 2008 the CIO and police were given instructions to sustain violence against the opposition and not to arrest ZANU PF perpetrators. However, Mr. Dodo was arrested alongside his student, Assistant Inspector Collen Musorowegomo, for allegedly publishing the top secret information through an American website.  [25]

 

2.3          The Abuse of Zimbabwean Security Agents for Political Personal Gain

 

All respondents (100%) concurred that Zimbabwean security agents are being abused by politicians for their personal benefit, which is tantamount to corruption. It is a known fact that the police is responsible for preserving the internal security of and maintaining law and order in Zimbabwe, without fear or favour. However, the police abuse its power, office, authority and resources for the benefit of individual ZANU PF politicians.

2.4          Level of Support to Human Rights Defenders against the Police Action

 

The plight of Human Rights Defenders (HRDs) is worsened by lack of support from a number of stakeholders. In line with Figure 5 below the survey made the following findings:

 

             i.        The Presidency: The majority of the participants (83.3%) rated support from the Presidency as ‘very unsatisfactory’, whilst the remainder rated it as ‘unsatisfactory’. This implies that President Robert Gabriel Mugabe, is not using his powers and leadership to stop the gross violations of human rights and fundamental freedoms perpetrated against Zimbabwean CSOs and HRDs. The Presidency’s intervention is key in halting the abuses.

           ii.        Support from the Ministry of Home Affairs: The support from the Ministry of Home Affairs, through its Ministers was rated by 100% of the respondents as being ‘very unsatisfactory’. The ZRP falls under the ambit of the Ministry and it has the authority to stop the onslaught against HRDs, which has not been done.

          iii.        Support from the Office of the Prime Minister: The majority of the participants (60%) rated support from the Office of the Prime Minister as ‘very unsatisfactory’, whilst the remainder rated it as ‘unsatisfactory’. This implies that the Prime Minister, Morgan Tsvangirai, is not using the powers vested in him as the Prime Minister to stop the politically motivated abuses against HRDs.

          iv.        Support from the Ministry of Justice: The majority of the participants (83.3%) rated support from the Ministry of Justice as ‘very unsatisfactory’, whilst the remainder rated it as ‘unsatisfactory’. This implies that the Minister, Patrick Chinamasa, is not using the powers vested in him to stop the abuses

           v.        The Judiciary: Support from the Judiciary was rated by 50% of the respondents as being ‘satisfactory’. The numerous acquittals by the Judiciary confirm that the Zimbabwean judiciary is professional and functional. Whilst interference with the functions of the judiciary cannot be overruled, as depicted through the conduct of Minister Patrick Chinamasa in the Daily News case[26], members of the public are confident with the Zimbabwean judiciary.  

          vi.        The National Association of Non-Governmental Organisations (NANGOs):  NANGO was rated by 66.7% of the respondents as being ‘unsatisfactory’, 16.7% as being ‘very satisfied’ whilst 17% were ‘unsure’. In its capacity as an umbrella body of NGOs in Zimbabwe, it is expected to voice out against the onslaught against its members by dialoguing with the ZRP, AGO, Ministry of Home Affairs, Ministry of Justice, the Presidency, and Office of the Prime Minister in order to cater for the best interests of its members.

 

 3     Conclusion and Recommendations

Whilst it may be difficult for the Zimbabwe Republic Police to concede and confess being abused by ZANU PF politicians for their political personal benefit, the survey confirmed that the conduct of the police, vis-à-vis the onslaught against Civil Society Organisations (CSOs) and Human Rights Defenders (HRDs) is politically driven.  A corrupt relationship exists between the police and politicians. In this case, politicians as corruptors, could be influencing police action against their perceived enemies and for which the police as corruptee, have authority. In this way, the situation unfolding in Zimbabwe, is a sad one, since the police could have been hijacked and police authority, especially, the arresting powers are being abused to punish perceived enemies of some politicians.  In keeping thereof, the following recommendations are made:

e)   All parties to the Government of National Unity (GNU), particularly, ZANU PF and the two MDC formations, should convene to put a stop to the ongoing harassment of CSOs and HRDs in Zimbabwe;

f)    The seemingly corrupt relationship between the Zimbabwe Republic Police and  politicians, from ZANU PF should be investigated and all individuals implicated should be punished in line with Zimbabwean anti-corruption laws and policies;

g)   Individuals who have confessed to be partisan in favor of ZANU PF, such as the  Commissioner General and the Attorney General, whilst holding positions that forbids partisanship should be dismissed from public service;

h)   The Zimbabwe Republic Police should be reformed to ensure that it executes its duties and responsibilities, fairly, impartially and professionally without any form of political interference;

 

Annexes

«   Partisan, discriminatory and biased quotes by Augustine Chihuri

                    i.        “Hamutongenyika nezvimbwasungata, kana kuti puppets, kana kuti running dogs (You dont allow puppets to run the country),” [27];

                   ii.        “Vanhuwo, but ndomazita avo pakuona wasangana naye so, but mentality yacho, thinking yacho iri inside out kunge pocket rabudiswa riri empty harina chinhu. Hakuna nyika inotongwa nerombe rakadaro. (Yes they are also people, but those are their names. If you meet them and assess them, their mentality, their thinking is inside out like an empty pocket. No country is run by such irresponsible ignoramuses like that.)” [28]

                  iii.        “Muchazosara motongwa isu taenda. (They can only rule Zimbabwe after we are gone),” [29]

                  iv.        “Ende hatitomboita zvinhu zvekutamba tichitarisa ku side. Tisaisa X pasiripo. Handisi kukuvhundusirai. But tambai muchidaro; kwakafiwa makazvionera handiti? (We wil not blink. Dont put your X on the wrong box. We are not intimidating you. If you dont vote wisely you betray the fallen heroes whose graves you toured).” [30]

«   Partisan, discriminatory and biased quotes by Johannes Tomana

 

             i.        “I am Zanu-PF and I am proud to be of that party. Nothing bars me from being a Zanu-PF supporter. Our law protects that right and that is why in society, public offices are occupied by people who are free to belong to their political parties”[31]

Endnotes


[1] Gweshe, E (2013). Governor puts restrictions on 45 NGOs in Masvingo. [online]. Available from: http://www.thezimbabwean.co.uk/news/zimbabwe/64045/governor-puts-restrictions-on-45.html. [Accessed on 4 March 2013].

[2] MISA (2013 Radio Dialogue’s manager to appear in court. [online]. Available from http://www.thezimbabwean.co.uk/news/zimbabwe/64048/radio-dialogues-manager-to-appear.html [Accessed on 4 March 2013].

[3] NewsDay (2013). ZimRights boss arrested. [online]. Available at  http://www.newsday.co.zw/2013/01/15/zimrights-boss-arrested/ [Accessed on 22 February 2013].

[4] Zimbabwe Broadcasting Corporation (2013). ZIMRIGHTS director granted bail. [online]. Available at  http://www.zbc.co.zw/news-categories/crime-a-courts/27944-zimrights-director-granted-bail-out.html. [Accessed on 22 February 2013].

[8] Matenga, M and Chitagu, T (2013). Police raid ZESN offices

 [online]. Available from: http://www.newsday.co.zw/2013/02/20/police-raid-zesn-offices/. [Accessed on 22 February 2013].

[11] Chiripasi T, (2012). Zimbabwe Police Raid ZimRights Office.  [online]. Available at  http://www.voazimbabwe.com/content/police-raid-zimrights-office-human-rights-violations/1564611.html. [Accessed on 22 February 2013].

[12] World Organisation Against Torture (2013). Zimbabwe: Arbitrary detention and judicial harassment of several ZimRights members: Urgent Appeal. [online]. Available at http://www.omct.org/human-rights-defenders/urgent-interventions/zimbabwe/2013/01/d22136/. [Accessed on 22 February 2013].

[13] Bell, A (2013). Zimbabwe: Zimrights Official Granted Bail After Two Month Detention. [online]. Available at http://allafrica.com/stories/201302190395.html. [Accessed on 22 February 2013].

[14] World Organisation Against Torture (2013). Zimbabwe: Arbitrary detention and judicial harassment of several ZimRights members: Urgent Appeal. [online]. Available at http://www.omct.org/human-rights-defenders/urgent-interventions/zimbabwe/2013/01/d22136/. [Accessed on 22 February 2013].

[16] Voice of the People (2011). Zimrights Officials Arrested In Tsholotsho. [online]. Available from: http://www.radiovop.com/index.php/national-news/6400-zimrights-officials-arrested-in-tsholotsho.html. [Accessed on 22 February 2013].

[17] Zimbabwe Human Rights Association (2013). Police in Lupane have released ZimRights Paralegal Officer. [online]. Available from: http://www.zimrights.co.zw/index.php?option=com_content&view=article&id=18:police-in-lupane-have-released-zimrights-paralegal-officer&catid=5:news&Itemid=6. [Accessed on 22 February 2013].

[18] Government of the Republic of Zimbabwe (2001). Police Act. [online]. Available at http://www.parlzim.gov.zw/attachments/article/97/POLICE_ACT_11_10.pdf. [Accessed on 26 February 2013].

[19] Chimete, C (2012). Chihuri ‘shreds’ Police Act to protect Mugabe. [online]. Available at http://www.thestandard.co.zw/2012/08/12/chihuri-shreds-police-act-to-protect-mugabe/. [Accessed on 27 February 2013].

[20] Mutingwende, A (2012). Chihuri calls for police patriotism with Zanu (PF). [online]. Available from:  http://www.thezimbabwemail.com/zimbabwe/12374-chihuri-calls-for-police-patriotism-with-zanu-pf.html. [Accessed on 26 February 2013].

[21] Gapare, O and Zhangazha, W (2013). ZRP ups campaign for Zanu PF. [online]. Available at http://www.theindependent.co.zw/2013/02/01/zrp-ups-campaign-for-zanu-pf/. [Accessed on 27 February 2013].

[22] Mawire I, (2009). Zimbabwe Justice System Suspect as AG Johannes Tomana Declares Allegiance to Zanu PF!. [online]. Available at http://zimpolitic.blogspot.com/2009/01/zimbabwe-justice-system-suspect-as-ag_14.html. [Accessed on 26 February 2013].

[23] Tamborinyoka, L (2010). Johannes Tomana must resign, [online]. Available from http://www.mdc.co.zw/index.php?option=com_content&view=article&id=352:johannes-tomana-must-resign&catid=45:around-zimbabwe. [Accessed on 26 February 2013].

[24] Mashava, E (2012) Tomana threats invite backlash, [online]. Available from: http://www.newsday.co.zw/2012/11/23/tomana-threats-invite-backlash/. [Accessed on 26 February 2013].

[25] Zim Diaspora (2012). Ex-CIO confesses ZANU (PF) – engineered violence . [online]. Available from: http://www.zimdiaspora.com/index.php?option=com_content&view=article&id=10246:ex-cio-confesses-zanu-pf-engineered-violene&catid=38:travel-tips&Itemid=18. [Accessed on 26 February 2013].

[26]

  • On or about the 24th of September 2003, Minister Chinamasa invited the Justice Majuru’s workmate (Justice Machaka), who was also a Judge at the Administrative Court to issue instructions that the matter was to be conducted in a manner he was going to dictate. The Minister pointed out that the case was not supposed to be treated on an urgent basis by the Administrative Court. He therefore instructed that the court delays the proceedings until February 2004 in order to frustrate ANZ through delays.
  • The said Justice Machaka was instructed by the Minister to convey his instructions to Justice Majuru which she did. Justice Majuru disregarded the instructions and upon considering the application on its merits ruled in favour of the ANZ by granting the application for an urgent appeal hearing on or about the 27th of September 2003.[26]
  • Upon realising that Majuru was about to finalise judgment Mr Enoch Kamushinda summoned Justice Majuru for a meeting at his offices on the 22nd day of October 2003. Mr Kamushinda instructed Justice Majuru to dismiss the ANZ appeal. As a reward, he was going to be given a fully developed farm in Mashonaland West Province.
  • On 23 October 2003 at around 2100 hours, the Minister of Justice Hon. Chinamasa phoned Justice Majuru from Bulawayo where the Minister was attending a pre-budget seminar. He wanted to know whether he had finalized the judgment.
  • On the 24th November 2003 at about 2130 hours, the Minister phoned the Justice Majuru sounding extremely angry with him. He accused him of pre-determining the matter and generally berated him for delivering a judgement dictated by British agents and other imperialist forces.
  • On the 25th November 2003, Justice Majuru went to the Minister of Justice’s office as instructed.  The Hon. Minister asked what complainant’s decision in the ANZ matter was going to be.
  • The Hon. Minister then told the complainant that the police commissioner Augustine Chihuri had approached him the previous night with information that he was under investigations for colluding with British agents over the ANZ matter and was considering arresting him.[26]
  • On the 1st of December 2003, the Complainant received a telephone call from a sympathetic member of the legal fraternity and the Police that the government was fabricating a case against him and that he was going to be arrested and incarcerated on unspecified charges as punishment for defying the Minister’s orders.  Resultantly, for his safety and security, Justice Majuru went into hiding until the 9 of December 2003 when he fled to the country, where he remains in exile.[26]

 

[27] MISA (2010), MDC calls for Chihuris removal after puppets and dogs speech. [online]. http://www.thezimbabwean.co.uk/news/35981/mdc-calls-for-chihuris-removal-after-puppets-and-dogs-speech.html. [Accessed on 26 February 2013].

[28] ibid

[29] ibid

[30] ibid

[31] Mawire I, (2009). Zimbabwe Justice System Suspect as AG Johannes Tomana Declares Allegiance to ZANU PF!. [online]. Available at http://zimpolitic.blogspot.com/2009/01/zimbabwe-justice-system-suspect-as-ag_14.html. [Accessed on 26 February 2013].

About Anti-Corruption Trust of Southern Africa

The Anti-Corruption Trust of Southern Africa (ACT-Southern Africa) is a non-profit making organisation registered to facilitate the sharing of anti-corruption best practices and advocacy against corruption in Southern Africa.
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