Constitutionally, Chihuri has failed to discharge “the general duty of maintaining law and order, of taking all steps…necessary for preserving the peace, for preventing crime, for protecting property from malicious injury, for the detection of crime and for apprehending offenders and of suppressing all forms of civil commotion or disturbance that may occur in any part of Zimbabwe”
Robert Mugabe, civilian head of the military junta presently ruining Zimbabwe, is also not upholding his constitutional duty of according citizens their inalienable right to security. Innocent victims of Zanu (PF) violence have not accessed the courts despite Section 18 (1) of Zimbabwe’s Constitution, which stipulates that “every person is entitled to the protection of the law.”To support this, The Zimbabwean on Sunday can reveal that Public Violence as defined in Section 36 of the Criminal Law [Codification & Reform Act] Chapter 9:23 was allegedly perpetrated upon Simbi Mine employees by suspected war veterans and Zanu [PF] youths, thanks to leaked police documents.
Occurring on May 4 at Zishumbi Business Centre, Glenlivet, Masvingo, compainants Alen Simon (23), Emmanuel Mutiti (52), Marvellous Magona (22), Tendai Ndoro (21), Roy Tendai Chari (21), John Hwingiri (37), Elphas Mutembwa (27), Innocent Chitera (24) and Trust Madya (34), all residents and employees of Simbi Mine, went to Magove Homestead for a traditional beer drink. Whilst there, the complainants were approached and confronted by a “group of man suspected to be war veterans and youths numbering around 30 holding logs and sticks, who instructed them to immediately leave the place and go to join other local villagers gathered at a Zanu (PF) meeting organised by the war veterans at Zishumbi Business Centre, Masvingo.”
Complainants complied and were accompanied by war veterans and youths, but alas before they arrived at the stated rendezvous, they “were directed into a bush where they were assaulted with logs, after being accused of supporting the Movement for Democratic Change (MDC) and refusing to attend Zanu (PF) party meetings held in the area.”After a while, complainants were taken to a gathering at a place called “the base where they joined other locals.” The war veterans and youths said the agenda of the meeting was to support and vote for President R.G Mugabe of the ruling party Zanu (PF) in the forthcoming run-off Presidential Elections 2008.
After the lecture, the accused further assaulted and “punished” complainants for not attending Zanu (PF) meetings, by forcing them to bend with their heads on the ground. They suffered injury in the process and were referred to Masvingo General Hospital for medical examination. Sadly, the identity of accused persons is not yet known, and no arrests have been made. The case, Court Record 20/05/08 is being managed and investigated by CID Law and Order.In a related incident at Chiredzana Business Centre, Zaka, two MDC leaders, Simon Kachingo (63), an MDC Ward Chairman in Zaka and Abel Chikwati (36), an MDC supporter were arrested on May 4 after retaliating when attacked by Zanu (PF) war veterans, Edward Mukaradza, Samson Mamutse, Abel Mashava and Costa Gava.
The three were taken to Chiredzana Business Centre Grounds, where they were assaulted by Zanu (PF) youths and war veterans. Kachingo “sustained a swollen left arm and cuts on the back and was referred to Mashoko Hospital for treatment.” Tozivepi who is reported to have sustained several injuries all over the body, lies in a critical condition at his home. A report was lodged with the police on 04/05/08 Zaka RRB number 0327008, and the scene was attended. Kachingo and Chikwati both of the MDC were arrested and detained.
US ambassador punches back
HARARE – The Herald needs to check its facts before it comes out with stories that are less than factual, United States Ambassador James McGee said in response to an inaccurate report by the Harare daily.
The ambassador was responding to reports on May 13 that he and other diplomats and journalists had been stopped by police outside of the capital after visiting hospitals.
 President Mugabe himself, when I presented my credentials, encouraged me to go out into the countryside and visit with the people of Zimbabwe and see for myself what’s happening in his country, said McGee. I was taking the president up on that offer yesterday when I visited what is, now we know, a torture camp and two hospitals. We saw evidence at the torture camp that violence is being perpetrated against innocent people who’d done nothing more than vote their conscience in the last election. And we saw exactly the same thing at the two hospitals that we visited.
We saw images, horrible images, of people who had been beaten senseless, again for nothing more than voting their conscience in the last election. So, I don’t think you can call that demonizing anyone when we’re reporting nothing but factual evidence, he added.Asked his opinion of the scope and nature of the post-election violence in Zimbabwe, Ambassador McGee says, I think that the scope is massive. We’re talking about large numbers of people who are being intimidated by violence.
We’re talking about large numbers of people — and this may be an even more serious issue — who are being displaced from their possessions, from their homes. These are people who will not be able to vote in any runoff election, if that does happen, because they won’t be living in the wards where they’re registered. So, that’s a serious issue right there.He added: The degree of the violence is brutality like I’ve never seen before. I’ve even been in war zones. I served in Vietnam for four years… What I’m seeing here I did not even see that type of brutality in a war zone.
Commenting on whether he thinks the Mugabe government is taking steps to end the violence, he says, I’ve seen no evidence that the government is determined to stop this violence. No evidence whatsoever.As for Tuesday’s incident, in which Ambassador McGee opened up hospital gates despite police attempts to detain him and others, he says, My decision was a very simple one. It was time for us to depart the hospital.There were four policemen, armed policemen, who were standing at the gate. I said it was time for us to depart and I went and opened the gate and asked my people to leave. As an accredited diplomat here I should not be detained.Article 26 of the Vienna Convention…says that diplomats should be afforded free and unimpeded passage throughout the length and breadth of the country that they’re accredited to.Asked where Zimbabwe goes from here, with a runoff presidential election pending, the US ambassador says, I think there are several ways forward.Number one, I think that the people of Zimbabwe need to stand up and say enough is enough. We have made a decision. Let’s move forward and give us the opportunity to again express our will.
Mugabe now fighting cyber war
ZANU (PF) has blacklisted 35 online publications, which it claims have launched a cyber war to promote a regime change agenda against President Robert Mugabe’s government ahead of the presidential elections run-off.Sources within the party told The Zimbabwean on Sunday that, the mushrooming websites were causing alarm bells to ring in the outside world about the violence being unleashed on opposition supporters and officials.
Insiders said the government was hunting local journalists, who write for the websites, and claim that they already had a few names. It was not immediately apparent what measures, if any, the party can take against offending websites.The development comes barely a week after Robert Mugabe’s outburst in Malaysia on May 12 alleging journalists lacked objectivity and were writing “subjective views” in their reports especially for the western media. Mugabe made the attack on scribes when taking part in the Langkawi International Dialogue aimed at fostering closer ties between Asia and Africa and between governments and business.
“The press and journalists, are they driven by the sense of honesty and objectivity all the time? Or are they swayed from objectivity and truth by certain notions arising from their own subjective views?” Mugabe asked.The party is very afraid of being exposed after the latest presidential results, which the opposition won. Mugabe will be alone this time unlike the harmonized and is not prepared for a shock defeat. He is leaving no stone unturned to ensure that the party remain in power, an insider said on Thursday.
Zanu (PF) sources said the black-listed websites include:
www.zimdaily.com, www.thezimbabwean.co.uk, www.gozimbabwe.com, www.africantears.netfirms.com, www.zvakwana.org, www.zwnews.com, www.zimvigil.co.uk, and www.amnesty.ca.
Sources said Mugabe had taken the move because he is afraid that the party is disintegrating and does not trust anyone in Zanu (PF). Government has been struggling to counter what it terms “negative publicity” by Western media organisations.
Among a cocktail of strategies to counter bad publicity from various international media, the state has set up a short-wave propaganda radio station, Voice of Zimbabwe (VOZ) operating from Gweru.However, the radio project appears to have suffered a still birth amid reports of self-jamming as a result of gagging equipment installed to block broadcasts from foreign radio stations such as Voice of America’s Studio 7.
Mugabe last year signed into law the Interception of Communications Act, which empowers government to snoop on messages transmitted through the telecommunications system, cell phones and the Internet.
High Court reserves judgment on ZCTU leaders
HARARE – Mr. Justice Ben Hlatshwayo reserved judgment on May 15 in the High Court of Zimbabwe to  May 19 in a bail application filed by two leaders of the Zimbabwe Congress of Trade Unions (ZCTU) who are accused of inciting the people to rise against the government and communicating falsehoods during their May Day celebrations on May 1, 2008.
He said it was not easy to resolve the case and that he needed time to reflect on the strong submissions by both the State and ZCTU lawyers and he required time to look at the fine line between, on one hand, the need to protect the liberty of the accused and on the other hand, the protection of public order and safety.This was after the State strongly opposed bail claiming that both the ZCTU Secretary General and President, Wellington Chibebe and Lovemore Matombo were bound to incite the public if they were let free. The State claimed that the two leaders of the ZCTU had told workers that they should revenge the alleged killing of two teachers at Kondo Primary school, a rural school in Guruve.
By the time the judge makes his decision on May 19, the ZCTU leaders would have spent 12 days in prison. The ZCTU Secretary General, Wellington Chibebe has yesterday missed writing his examinations after the State refused to give him reprieve. He is studying for a Bachelor of Laws Degree with the University of South Africa.The ZCTU’s application to the High Court comes after a Harare Magistrate, had on Monday 12 May 2008, refused to grant Lovemore Matombo and Wellington Chibebe bail claiming that they were not suitable for bail. She had remanded them to May 23, 2008.
The two ZCTU leaders were arrested after they presented themselves to the police on Thursday 8 May 2008 where they were initially interrogated for more than six hours before charges were laid against them. They had availed themselves to the police after armed police had visited their residences searching for them.The ZCTU is worried by the continued detention of its leaders and an in particular, the particular delays in giving them bail and believe it is a ploy to break their spirits down.Â
The leaders are current being held at Harare Remand Prison.
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