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1. The Zimbabwe constitution recognises the right to life, this includes the right to freedom from torture, intimidation and violence. The constitution is also very clear about the deployment of the military and the use of deadly force, under any circumstances. It also grants the right to freedom of association and expression and is the bases for the establishment and functions of both the military and the police.
2. Following the actions of the military on the 1st of August 2018 and the days that followed, which included leaving up to 11 people dead and a dozen others injured, a full, impartial and complete investigation of this case is a necessity. It must be remembered that hundreds were displaced, arrested and abused, due to the uncouth military action.
3. Whilst the appointment of this Commission is welcome in principle, this Commission does not meet basics of any of its kind. It is set up by and meant to benefit a political party and will report back to the person it has to investigate.
4. As it stands, the Commission requires changes both in its membership and its terms of reference. Its composition is clearly unbalanced and biased.
Charity Manyeruke is a well know Zanu PF cheerleader. The evidence is all over the public domain.
Lovemore Madhuku is an interested party as he was a presidential candidate and has already made comments detrimental to the MDC Alliance. He is not a neutral by-stander.
Vimbai Nyemba is a Mnangagwa favourite. She has already been appointed as Chairperson of the Procurement Regulatory Authority and is also a member of another Commission of Inquiry into the sale of State land. Is there shortage of suitable persons that one person has to hog multiple positions
5. That these three will ensure that the inquiry produces a predetermined script to smoke out targeted individuals is beyond doubt. The value of such an inquiry is doubtful given that we have had commission findings going back to the first years of independence that have never seen the light of day for 38 years. This is just a publicity stance and a public relations gimmick to bolster ED’s image, they know who ordered the army but choose a long-winded route to dupe the world.
6. The terms of reference are designed as a witch-hunt against perceived political threats and any credible opposition to ED’s illegitimacy. Everything points to a clear effort to pin blame on key figures in the opposition as a way to weaken opposition thereby threatening democracy in Zimbabwe.
7. In terms of the foreign members of the commission, we do not know the bases upon which they were selected and their relevant expertise and experiences. Because of this any comment would be immature. We are currently studying their individual profiles and will report back in due course.
8. We therefore demand that the appointing authority consider their own position as a potential subject of investigation as the deploying authority. This should be followed by the addition and refinement of the terms of reference to direct them more pointedly at the problem. The local members and/or the appointing authority should consider recusal from the Commission. Finally, we will make further recommendations, if need be on the individual foreign members.
MDC raises a red flag