Selective justice prevails as PMs bodyguard jailed

The trio was jailed for 18 months for public violence, committed during the run-up to the 2005 parliamentary elections. Tsvangirais bodyguard, Peter Chigaba, former Masvingo councillor Francisca Sheya, and Ackim Chigarire, were each sentenced to a 26 month jail term, with 8 months conditionally suspended for five years. Former Masvingo central legislator Silas Mangono and four others were acquitted on similar charges.

The entire group was accused of leading violent clashes in November 2005, during an MDC rally at the Masvingo Civic Centre. The accused were allegedly denied entry to the venue and violent clashes subsequently erupted. At least one person was injured and several windows in the civic centre building were shattered as rival factions of the then MDC candidates clashed during the run up to the 2005 parliamentary polls. The magistrate on Tuesday ruled that Mangono and the four others did not participate in the clashes, but ruled that Chigaba, Sheya, and Chigarire committed the offence.

While some have argued the sentence is a fair application of the law given the trios actions, observers argue it is another example of the selective nature of the course of justice in Zimbabwe. Their jailing comes just days after co-Home Affairs Minister Giles Mustekwa ordered the arrest of Joseph Mwale, who is accused of murdering two MDC activists at Murambinda Growth Point in 2000. Mwale has evaded arrest for the brutal murder of Tichaona Chiminya and Talent Mabika, despite a High Court order to have him charged. Robert Mugabes regime, openly flouting the courts, instead promoted him within the Central Intelligence Organisation ranks.

At the same time, the perpetrators of last years extreme post election violence meted out against MDC supporters in the aftermath of Tsvangirais election win are yet to face court action. More recently, Chiadzwas victims of the police and army led massacre at the diamonds fields last year, are also awaiting justice that will likely never come. Both cases are supported by piles of evidence, including eyewitness reports, but the perpetrators have to date escaped any legal action.

Any form of legal recourse meanwhile, against opposition activists, has in contrast been swiftly dragged to the courts, with the cases often being long and drawn out. Critics say this is an effective ZANU PF strategy as it ties up the opposition in time and money. The case against MDC Treasurer General Roy Bennett is just one example, with the state seemingly intent to drag the case out as long as possible. At the same time, more than eight MDC legislators have faced court action this year on often trumped-up charges, while any MDC affiliate is a likely target for arrest. The partys Transport Manager Pascal Gwezere has remained behind bars after he was abducted and tortured by state security agents. Hes facing theft charges, but despite being granted bail, has remained behind bars at Chikurubi maximum security prison.

The MDC has previously expressed concern about the selective persecution of its members, but despite being in the so-called unity government, there has been no change to this state of affairs.

Meanwhile, violence in the Chimanimani area is said to be increasing, with ZANU PF members apparently upping their efforts to intimidate opposition supporters. Most recently the nine year old son of an MDC activist in the area was abducted in an effort to force his parents to switch their allegiance to ZANU PF. The child was later abandoned in the bush, unhurt.

The boys father, Sibonile Marwirana is quoted by news service Voice of the People describing the attack by ZANU PF supporters, allegedly led by the ZANU PF youth league Secretary For External Affairs, Joshua Sako, and a security guard, Colert Mutimwa. The group apparently broke into the familys hut while they were sleeping, demanding that Marwirana change his party allegiance.

Mutimwa grabbed my son by the hand and said they were going to return him on condition that I renounce my MDC membership, said Marwirana in the VOP report.

Marwirana said he and his wife followed the abductees and they discovered their son abandoned in the middle of the bush after alerting other villagers.

Marwirana said he reported the incident to Chimanimani police station but no arrests were made.