We refer you to Public Records on the murders of Tichaona Chaminya, a trade union leader and Morgan Tsvangirais first campaign manager, and young MDC actress Talent Mabika, each slain by being clubbed and set alight before armed police at Murambinda, Buhera on 15 April 2000. Note a DECADE has now passed since this double killing. Their deaths are well documented. The same key perpetrators were named in the Electoral Courts Judgment and in public documents from the Police and AGs Office. Joseph Mwale from the Presidents Office and war veteran Kainos Tom Kitsiyatoto were implicated by all as being leaders in these ruthless and brutal killings. THOU SHALT NOT KILL – and law enforcement officers cannot LET others kill with impunity. These are moral and legal imperatives. The AU abhors and condemns ANY political assassination.
In the African Charter it rejects any impunity for that, without exception. Yet for 10 years no-one has faced justice for these killings. Why not? No effort has been seen to arrest Mwale. Why not? The AGs Office called him untouchable. ZRP told the High Court they were looking for him, yet his photo – which must be readily available to the State – has still not been released, to let every member of our security services and the public help them in the search for him. Why not?
Under the Court Judgment, the Attorney General ordered the Commissioner of Police to report to him under 76(1) of the Constitution. By law the Commissioner had to report also to the Minister, who had to table his report in Parliament. No report was made – or it was never laid. No action was taken by the AG against the Commissioner for breaching his legal duty. Why not?
The impunity, allowed to continue for years, for these and other political killings after the governments first electoral loss in our 2000 referendum, undoubtedly contributed to more deaths whenever Zimbabwean voters were making political choices. In the Agreement On Resolving the Challenges Facing Zimbabwe, Article 18.5 (c), Security of persons and prevention of violence, all Parties in Parliament and Principals agreed in September 2008:
the Government shall apply the laws of the country fully and impartially in bringing all perpetrators of politically motivated violence to book. That commitment is guaranteed by SADC & the AU, and witnessed too by the UN.
We will not be silent.
We call on you, as evidence of a genuine commitment to respect the Agreement, to –
Immediately Make Mwales Picture Public
Ensure Mwale is Arrested Now
let Him & his Co-accused Face A True Trial Together
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