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News | Africa | Southern Africa

Mukoko opens can of worms

JASON MOYO - Oct 17 2009 06:00
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The decision by Zimbabwe's chief prosecutor not to defend key figures in President Robert Mugabe's security apparatus accused of abducting activist Jestina Mukoko has buoyed activists -- but provoked anxiety among Mugabe's top lieutenants.

Human rights campaigners hope that making individuals accountable for their actions will strengthen efforts to reform the security services, long accused of being instruments of oppression.

Mukoko is suing security ministers and their senior officials for her abduction last year. This followed a Supreme Court decision to free her on charges of banditry, on grounds that her rights were violated when she was seized from her home last December and held in secret locations for months.

Her supporters believe she was targeted for recording the accounts of hundreds of victims of violence during last year's election.

Mukoko has filed for damages against Defence Minister Emmerson Mnangagwa, Home Affairs co-Ministers Kembo Mohadi and Giles Mutsekwa (of the Movement for Democratic Change), police commissioner Augustine Chihuri, Brigadier General Asher Tapfumaneyi of the secret service, Attorney General Johannes Tomana and former state security minister Didymus Mutasa.

But Tomana has told the high court he will not represent any of the alleged abductors.

His surprise decision is seen as setting a precedent that threatens many government officials who played a role in last year's abuses. It could trigger a spate of similar applications by other victims.

However, the decision will be a relief for Prime Minister Morgan Tsvangirai. His officials point out that the MDC pressed state lawyers not to defend the alleged abductors, as this would have meant the party was defending those accused of rights abuses. The MDC has joint control of the home affairs ministry, which oversees the police.

Tsvangirai's supporters are growing impatient with the slow pace of reform under the unity government and he is under pressure to replace the party's man in home affairs, Giles Mutsekwa. Under Mutsekwa's watch, several MDC MPs have been arrested on what the party claims are charges fabricated to whittle down its slender Parliament majority. Besieged farmers seeking police protection are routinely told police do not attend to "land issues".

CONTINUES BELOW


Last week Mutsekwa appeared frustrated and powerless when police fired on striking miners. He said: "We have told the police repeatedly that they should refrain from using firearms against defenceless people."

However, he courted controversy this week by praising the conduct of the police and appearing to repeat Zanu-PF's mantra on sanctions. The Zimbabwe Republic Police had "steadfastly maintained its integrity in the ferocity of machinations of the detractors determined to collapse the country", he said.

Senior police officer Peter Magwenzi, in court papers for the Mukoko hearings, denied any police involvement. "They [the abducted activists] were handed to me by the security agents when they were in protective custody and I went and dropped them at their residences." He could not name the agents, saying State Security Minister Sydney Sekeramayi had issued a "certificate" gagging the police.

But in his affidavit Sekeramayi also denied his agents were involved in abductions and, therefore, could not identify them.

While Mukoko's freedom has been celebrated by rights groups, seven activists abducted last year remain missing, according to Zimbabwe Lawyers for Human Rights.
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Actually the decision by Tomasa is bizarre and irrelevant, since the justice system in Zimbabwe is so badly biased towards ZANU PF that the torturers are highly unlikely to face anything in any court, let alone be brought through the courts like Bennett.

Most people in Zim are trying to work out what it is that ZANU PF think they are up to with decision like this to "withdraw agency" from those accused of torture, when they could just machine gun the peasants like the Zim generals who actually run the country do regularly in the diamond fields.

There seems to be a growing division within ZANU between the generals who run the police and army who are obsessively stupid and violent and dont care what the world thinks (cf Bennett, Mukoko.) and those who seem to have enough inteligence to realise the money wont come from abroad and investors unless Zim lies believably and acts like its a country, with human rights, law and private property.

Alisdair Budd on October 17, 2009, 4:38 pm
As examples of how violent Zim is and why "Withdrawing Agency" is irrelevant and bizarre for ZANU PF torturers:

ZANU General holding gun to MDC MPs head and threatening to kill him in front of witnesses for "not recognising him" at a party:

http://www.thezimbabwetimes.com/?p=23738

ZANU Army Brigadier seizing farm "protected" by German bi-lateral investment treaty and Zim High Court orders:

http://www.zimtelegraph.com/?p=3681

ZANU army troops machine gunning police officer on a football field in revenge for girlfriend trouble:

http://en.afrik.com/article16308.html

Zim being threatened with shooting by ZANU soldier for laughing near a govt building:

http://news.bbc.co.uk/1/hi/programmes/from_our_own_correspondent/8307815.stm

So, about this "message" that has been "frightening" ZANU torturers with "facing justice"?

Let alone what's going on in the rural areas.
Alisdair Budd on October 17, 2009, 11:41 pm
Get rid of Giles. Let's not forget that he sectioned the Miekles group on top of all the other crap. If this is what the MDC represents Zim is effed.
Gary Howes on October 17, 2009, 11:41 pm
Tomasa's decision is signifincate and relevant to all who would follow orders to torture their fellow citizens. The word is out that these people who participate in torture are on their own and could face prosecution in future. Any short term victory in Zimbabwe should be celebrated, rather than look for bigger changes.

Change has been slow and so has justice in Zimbabwe. The people of Zimbabwe want a gov't that will defend their rights, but not necessarly be heavily influenced by outsiders and non-Zimbabweans!
zodwa sibanda on October 18, 2009, 12:08 am

Hi Zodwa
You say,"Change has been slow and so has justice in Zimbabwe. The people of Zimbabwe want a gov't that will defend their rights, but not necessarly be heavily influenced by outsiders and non-Zimbabweans!

What is wrong in being influenced by the rest of the world. Can't we use the best that is out there to make the best decisions.Your mind is poisoned. Forget this East and West nonsense.Nobody has a monopoly on knowledge.

Zimbawe went down the wrong route. Politicians have messed up. The people deserve to be treated fairly and with dinity. That has nothing to do with the West or any other European nonsense.
Donald Mathray on October 18, 2009, 12:05 pm
The sad thing is we're looking at our future.
Rod Studley on October 18, 2009, 12:08 pm
"Donald Mathray". The problems that white farmers in Zimbabwe are facing right now are as a result of what is currently happening in SA. Generally, white farmers here are hostile and negative towards Land Reform such that they often collude with farm valuers (who are mostly white) in order to have their farms overpriced so that they can make a super profit and enrich themselves. This was not a desirable thing in the eyes of uncle Bob and he decided to take a short-cut. White people here in SA never complain about the stinking attitude that Land Reform is receiving from white farmers but are the first ones to voice their disgust towards Mugabe whenever Zim Land Reform is the topic. What many people fail to see is that Zim may be a safe haven for SA's arrogant white farmers in a few years if their attitude does not alter. No one bothers to comment about the illegal evictions that are taking currently taking place here in SA, instead everyone is obsessed about issues from other countries. Sies!!!!
Ngoako Modiba on October 19, 2009, 12:15 pm
Ngoako,

I challenge you on "Generally, white farmers........" Proof please. SA is similar to Zim as regards land reform. In Zim, ZANU PF used money from the UK to buy farms and give them to the ZANU PF elite and their extended families. When the UK called a halt to this theft from the Zim people, Mugabe lost it, called in the war vets and simply too over the farms, again mostly for distribution to the ZANU PF elite (his wife for example). Of course his growing unpopularity in Zim also made him look for a distraction in land reform.

SA is the same. I reckon land reform is a huge red herring to distract attention from government incompetence and keep racial tensions high. There are very few cases like those Ngoako alleges. If there are so many why does Land Affairs not employ their own trusted valuators? Fact is most Land Affairs officials seem to want only to keep their jobs and keep the reform process going forever. Long agreed transfers don't get paid, agreement takes forever and of course quite a few beneficiaries just happen to be Land Affairs officials. Remarkable.
SA Eish on October 19, 2009, 3:11 pm
Hi Ngoako Modiba
I can accept that some white evaluators are colluding with white farmers to raise the price of farms. I would have a govt evaluator reconcile farm prices and ensure there is fairness for both parties. Uncle Bob is insane- he is following an ideology at the expense of the starving masses.Whatever policy leaders follow they must ensure they look after the masses who are poor.The African model has always failed the masses as leaders are more interested in lining their pockets and going on wild spending sprees.

South Africa has to choose another path-one that ensures our children never starve. No matter what the policy.
Donald Mathray on October 19, 2009, 7:36 pm
Once resettled farmers in Zimbabwe start producing the rest of Africa will take notice. SA farmers need to be wary of this lest they will remember the cave when they are already drenched. Noboby has offered an alternative as to how land reform was supposed to be fast tracked in Zimbabwe after 20 years of willing buyer unwilling seller. All people do is demonise Mugabe to cover for the white farmers' hostility towards land reform at all costs. It's beginning to sound like a broken record.

It helps noone calling Mugabe names because 3 quarters of the time most black Zimbabweans have found themselves saying Mugabe is right after being faced with the condescending attitude of their white "cousins".
Fungayi Dzvinyangoma on October 20, 2009, 4:47 pm
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