An Urgent Chamber Application has since been filed in the High Court at Harare (Douglas Mwonzora & 5 Ors vs. Pasi Mukunza & 12 Ors H.C 3667/08) seeking an order that all and any illegal bases and roadblocks be removed; harassing, assaulting and stealing of livestock belonging to MDC members, their agents and supporters immediately stop, and that the Zimbabwe Republic Police (ZRP) maintain law and order in Nyanga North Constituency.
It is alleged in the court documents that several members of the ZNLWVA have been harassing, beating and stealing from suspected MDC members and the general public in Nyanga North. Those suspected of committing these offences include Mr. Pasi Makunza, Wilfred Pokoto, Antony Nyaguse, Joseph Gwenzi, Kennedy Tsvamuno and Charles Muronza. The war veterans are said to have set up semi-military bases after the 27 June 2008 election run-off at different locations across Nyanga North constituency, including at Sabvure Clinic, CBC Nyakomba, Arex Offices in Nyamaropa, Nyadowa Clinic, Kambudzi Clinic, Chifambe School at Kiss Shopping Centre, Avilla Mission Hospital and Dumba Business Centre in Nyautare. Road blocks manned by the mentioned war veterans and their accomplices are also periodically set up near the bases, whereat passengers in buses and motor vehicles are searched, ordered to chant ZANU-PF slogans and, at times, beaten up.Â
On 1 July 2008 a war veteran, Charles Muronza, allegedly abducted one Mr. Edmore Njanji near Avilla Mission, and severely beat him up. On 2 July 2008 teachers at Chatindo Primary School were rounded up and one Mr. Misheck Mholo was severely beaten with sticks all over his body. On 3 July 2008 another war-veteran, Francis Mwonzora, severely beat up a Mr. Mutowo for carrying a suspected MDC youth in his car. The war veterans have also been demanding food from villagers to feed themselves at their bases and as protection fees in such areas as Nyakomba, Irrigation Area in Nyamaropa, Nyadowa Clinic, Mutetwa Village Magoshe and Avilla areas.
The harassments and beatings have also been extended to MDC election agents in Ward 10, Nyanga North, while an elected councilor and the elected Member of the House of Assembly representing Nyanga North have had travel restrictions in the area imposed upon them. At least five councilors from Wards 5, 8, 9, and 10 in Nyanga North Constituency have been forced out of their homes and continue to seek refuge outside the constituency.
Upon being informed of the beating and harassment by a councilor-elect for Ward 10, the Officer in Charge, ZRP Nyamaropa simply advised the complainant to travel at night to avoid the marauding war veterans. The same Officer in Charge was also involved in attempts to force the elected councilor for Ward 12, Nyanga North to resign, which matter is presently before the criminal courts. Â
The Officer in Charge, ZRP Ruwangwe was also not forthcoming in protecting the victims of the attacks by the war veterans despite pleas from the MP-elect for Nyanga North, with his junior police officers advising the MP-elect that they had not yet got orders from their superiors to dismantle the bases. The police have turned a blind eye to these illegal and criminal acts against members of the MDC and the general public despite receiving complaints of the same.
ZLHR expresses its serious concern over the continued politically motivated violence and violation of the fundamental rights of perceived and confirmed members of the MDC by war veterans, which has unfortunately been compounded by the inaction of the ZRP. Such conduct is more worrying considering that, in the Memorandum of Understanding (MOU) recently signed by the three principals of the ZANU-PF party and the two MDC parties, it was agreed that all forms of violence must be stopped. Paragraphs (a) and (c) of Article 10.1 of the MOU provides for Security of persons, stating that:
(a) Each Party will issue a statement condemning the promotion and use of violence and call for peace in the country and shall take all measures necessary to ensure that the structures and institutions it controls are not engaged in the perpetration of violence.
(c) The Parties will take all necessary measures to eliminate all forms of political violence, including by non-state actors, and to ensure the security of persons and property.
(a) In light of such provisions in the MOU and the need to protect the constitutional rights of all persons from torture and any other inhuman violence within their rank and file.
and degrading treatment, and violations of their rights to property, movement and protection of the law, ZLHR calls for the following:
(b) That the Commissioner of Police direct members of the Zimbabwe Republic Police to act against all and any criminal conduct or violations of the rights of a Zimbabwean citizen without discrimination based on political affiliation;
(c) That the Commanding Officer, ZRP Nyanga District and Officers in Charge at Ruwangwe and Nyamaropa police stations fulfill their constitutional and legal obligations to protect all victims of violations of human rights and other criminal conduct from such continued violations while swiftly bringing before the courts those responsible for such unconstitutional, illegal and criminal conduct;
(d) That any and all torture and semi-millitary bases set up across the country be immediately dismantled and those continuing to maintain them be arrested and made answerable to the law;
(e) That in the spirit of the MOU all political parties issue public statements and take positive and visible action against those who instigate and perpetrate politically motivated -ENDS –