PIRF November 2005 report

 

The police were implicated on seven violations, four of which were committed against civic organizations and one each against journalists, the MDC and civilians. This was a significant increase from the one that the police committed in October. The increase could be attributed to the demonstrations organized by the Zimbabwe congress of trade Unions (ZCTU) and the NCA.

 

The senate elections also revealed hitherto hidden but simmering internal frictions within the Movement for Democratic Change (MDC) that manifested themselves in the violence and rights violations between the so-called “pro-senate” and the “anti-senate” factions within the party. There were two such clashes reported in the period under review.

 

Government’s determination to muzzle media that it perceives to be anti-establishment was also demonstrated by reports that it continued to jam VOP broadcasts two weeks after the station had changed its broadcast frequency in an attempt to avoid government jamming on its previous broadcast frequency.

 

This report also revealed the involvement of members of the armed forces in committing rights violations. Members of the army were implicated in two violations against the right to freedom of assembly and association. One of these involved the arrest of four ZCTU officials during demonstrations and in the other they harassed, threatened and assaulted civilians in Budiriro for supporting the MDC towards the period of the senate elections.

 

Previous PIRF reports have revealed consistent but marginal cases in which army personnel have been implicated in violating the public’s right to freedom of association and assembly. Even though the incidence of such violations have been insignificant compared to those committed by other perpetrators, they have been consistent over a long period of time showing that there is an element within the army that has taken it upon itself to victimise MDC supporters for their political affiliation.

 

 

 

There was a marked decrease in cases of harassment of journalists compared to the previous month. There were only two violations as follows:

On November 11: The Zimbabwean reported that Voice of the People Radio was being jammed again just days after VOP listeners thought that their favorite station was back on air1.

 

On November 27: The Sunday Mail reported that the police detained and harassed a Zimpapers journalists covering senatorial elections in Chegutu–Manyame–Mhondoro constituency at Molberry polling station for taking photos outside the polling station. According to the paper the journalists’ ordeal lasted for two hours. The crew comprised of reporter Peter Matambanadzo, photographer Edmore Muzerengi and driver Hardlife Matida. According to the state weekly the police officers also accused the three of masquerading as journalists.

 

The harassment of journalists from The Sunday Mail also show police’s lack of respect for the work of journalists and makes nonsense of the system of registering journalists under AIPPA when even accredited journalists are treated like criminals for carrying out their professional duties.

There was a slight increase in the number of reported violations on the right to freedom of association and assembly compared to September and October 2005. This could be attributed to tensions arising from the senate elections that were held at the end of November 26. The friction in the MDC demonstrated that behind the façade of democracy and tolerance in the party there was some animosity within the party’s rank and file.

The violations monitored in the period under focus were as follows:

On November 3: The Zimbabwe Independentreported that members of the national army had started a terror campaign in Budiriro 4, Harare beating up residents ahead of the senatorial election scheduled for 26 November. The independent weekly quoted one of the victims who identified the soldiers who assaulted him as Moyo, Ngoshi, Kadye and Happy. Another victim was quoted as saying he had been threatened with death if he continued supporting the MDC. The weekly alsoquoted another victim as saying he was approached by a soldier at Mhizha beer hall and was asked why he was wearing an MDC t-shirt before he got a severe beating. The paper quoted police spokesperson Wayne Bvudzijena as saying he was unaware of the incidents.

On November 5: The Standard reported police arrested 18 National Constitutional Assembly (NCA) protestors and charged them under the Public Order and Security Act for taking part in an illegal demonstration. According to the paper the demonstrators demanded a new constitution and condemned the idea of holding the senate elections scheduled for the end of November. ZimOnlinealso reported on the incident but placed the number of those arrested at 12 adding that they were expected to appear in court on November 7. The online sourcequoted police spokesperson Wayne Bvudzijena as having said: “We have some NCA members we arrested on [November 5] and they are likely to appear in court on [November 7] for breaching POSA.” The Zimbabwean of November 11 also reported the same incident.

 

On November 8: SW Radio Africa reported that riot police arrested over 150 trade union activists including president Lovemore Matombo and secretary general Wellington Chibebe in Harare after a protest march to “remind the government and employers that workers were hungry, angry and tired”. The radio station quoted ZCTU Chibebe from his prison cell at Harare Central police station as having said, “close to 150 demonstrators were being held in cramped and filthy cells at the Law and Order section of the Harare Central police station”. However, The Daily Mirror of November 9, which also reported on the incident, quoted police spokesperson Wayne Bvudzijena as saying about 116 demonstrators were arrested in Harare and 36 others in Mutare2. The Herald of the same day reported that the demonstrators were arrested for participating in an illegal demonstration by causing riotous behavior or alternatively under Miscellaneous Offences Act for obstructing movement of traffic.

 

On November 8: SW Radio Africa reported that police arrested National Constitutional Assembly chairman Dr. Lovemore Madhuku after he turned himself in to the police who then charged him for inciting violence. The Herald of November 10, which also reported on the matter, said Madhuku was arrested following the “illegal demonstration” on November 5. The state controlled daily added that Madhuku was also facing another charge of “denouncing the government and agitating for its overthrow” in an address he made at Norton. Madhuku was released on the night of November 11.

 

On November 8: SW Radio Africa reported that police arrested Chitungwiza mayor Misheck Shoko for addressing a meeting to outline government's concerns in providing water to people in the town. The Heraldof November 10, which also reported on the arrest, said Shoko had been arrested for statements he allegedly made at a crèche in Chitungwiza and charged under the Public Order and Security Act (POSA) for “inciting public violence and agitating for the removal of government through violent means”. According to the daily, Shoko was also alleged to have expressed opposition to government intervention in the running of the affairs of the council.

 

On November 9: ZimOnline (SA)reported that on November 8 soldiers in Bulawayo arrested four ZCTU officials, spokesperson Mlamleli Sibanda, secretary for women’s advisory council Tabitha Khumalo, Last Tarabuku and Leonard Gwenzi for taking photos of an army truck which was patrolling the streets ahead of the protests.The four were later released from police custody on the night of their arrest.

 

On November 9: SW Radio Africa reported that riot police arrested at least 5 University of Zimbabwe students3 for engaging in demonstrations that were part of a wider campaign meant to coincide with the ZCTU’s other activities. The Daily Mirror of November 14, which also reported on the matter, said they were arrested for allegedly breaching the Miscellaneous Offences Act emanating from allegations that they attempted to influence other students to join the ZCTU-induced demonstration. SW Radio Africa quoted Student Representative Council (SRC) member Wellington Zindove as saying the students planned to march to the vice chancellor's office to hand in a petition but were stopped by the university security along with armed police who were using baton sticks, teargas and dogs to disperse them4. The Mirror quoted the student’s lawyer, Alec Muchadehama as saying the students were released without charge but were given a stern warning not to repeat such acts.

 

On November 11: SW Radio Africa reported that MDC’s pro-senate faction youths led by the vice president of the party Gibson Sibanda’s driver severely assaulted MDC ward chairman for Nkulumane, Samuel Musaka resulting in him losing all his front teeth. The private radio station quoted the party's National Executive Member for Bulawayo Province, Gertrude Mtombeni as saying Musaka was ambushed on his way to the central railway station to collect fliers and posters for Morgan Tsvangirai's rally on November 13 at White City stadium.

 

On November 11: The Daily Mirror reported that on November 9 a commuter omnibus crew abducted the National University of Science and Technology (NUST) Students Representative Council (SRC) vice president, Beloved Chiweshe and assaulted him after students demonstrated against exorbitant commuter fares. According to the daily paper the commuter operators were forcing students to pay between $20 000 and $25 000 compared to the government gazetted fare of $6 000. The Daily Mirror added that the touts accused the student leader of masterminding the demonstration. Bulawayo police confirmed the incident but said no arrests had been made in connection with the incident.

 

On November 15: The Daily Mirror reported that 13 MDC supporters were arrested in Bulawayo after violent intra-party clashes5 on the night of November 12, the eve of MDC leader’s rally at the white city stadium arena. According to the paper the youths belong to the MDC’s two opposing camps, Tsvangirai’s faction which is anti-senate and Ncube’s in favour of contesting the senate polls. The Herald of November 15 also reported the incident and quoted police spokesperson Oliver Mandipaka confirming the incident adding that the youths were scheduled to appear in court on charges of violating unspecified sections of POSA.

On November 16: The Daily Mirror reported that police in Chegutu barred residents from demonstrating against the reinstatement of nine councilors whose suspensions were recently lifted. The councilors had been suspended on allegations of corruption and mismanagement. The Daily Mirror quoted the secretary general of the Chegutu Residents and Ratepayers Association, Clever Paradzai Kunonga, as saying the police had justified their actions by saying the demonstration was ill timed because the focus was now on maintaining stability before, during and after the senatorial elections slated for November 26. The paper contacted Mashonaland West police spokesperson Paul Nyathi who reportedly said he needed more time to verify facts.

 

The violations reported in the period under review, as in previous PIRF reports demonstrate a consistent pattern of government disrespect of the public’s right to freedom of expression.

 

In particular, the disruption and prevention of demonstrations and the harassment and arrest of demonstrators who were pressing government to address their grievances was a violation of the civic organizations’ constitutionally and internationally recognized right to freedom of association and assembly. Such behaviour by government is an attempt to destroy the initiatives of civic organizations and create an environment in which only government has the initiative on issues of national concern.

 

 

 

More evidence of the Media and Information Commission’s double standards in the application of repressive provisions of the Access to Information and Protection of Privacy Act emerged in the period under review when the commission allowed The Sunday Mail to escape censure for disinformation6.

 

On November 6, The Sunday Mail carried a front page story by the paper’s political editor, Munyaradzi Huni entitled ‘Riot act for US envoy Dell’ in which he wrote; “President Mugabe will this week summon the controversial US ambassador to Zimbabwe Mr. Christopher Dell, for his ‘undiplomatic behaviour’ that has seen him interfering in the internal; politics of the country by issuing misleading statements expected from an opposition party official rather than a diplomat, it has emerged”.

 

As it turned out the story was inaccurate. This was revealed when The Herald (November 7 2005)quoted Presidential spokesperson George Charamba as saying, “It is an inaccurate story and one which does not reflect the feelings of the President. I am extremely concerned that the same reporter who described Mr. Tobaiwa Mudede as Registrar of Elections when he is Registrar of Voters has once again got his facts wrong. It reflects badly on him.”

Charamba added: “If there was any displeasure with the US ambassador and I know there is, it is for the foreign ministry to deal with and not for the President’s Office let alone the President”.

 

The fact that Charamba raised issue with Huni’s story was sufficient evidence for the MIC to take it up with The Sunday Mail. The MIC’s reaction was inconsistent with its response to a similar case in 2004 involving the private media. The Sunday Mail of June 20 2004 published a story alleging that The Mail and Guardian was “using unaccredited local journalists while reporters at the paper used their by-lines to cover the identity of the local scribes”. Then, the MIC chairman Dr. Tafataona Mahoso was quoted in the same paper saying this was “a serious matter that needs looking into”.

 

When the Zimbabwe Independent (June 25 2004) confronted him on who the complainant was Dr. Mahoso retorted: “Are you knowledgeable about AIPPA? If there is a violation of the law, then the Commission institutes investigations. This story was in The Sunday Mail, a duly registered entity in Zimbabwe. Because The Sunday Mail has carried the story, it is a complaint. Besides, the Commission can institute its own investigations. All foreign desks should be registered with the Commission.”

 

The failure by the Commission to censure The Sunday Mail for violating AIPPA therefore further exposes the blatant bias that so many analysts have observed in the operations of the commission. It is such inconsistencies by the MIC that demonstrate so obviously that AIPPA is targeted at and selectively applied against the private media. AIPPA has no place in democratic society. It is this same law that was used by the MIC to deny Associated Newspapers of Zimbabwe (ANZ), publishers of The Daily News and The Daily News on Sunday an operating license. AIPPA was also used to justify the suspension of The Tribune and the closure of The Weekly Times – all privately owned papers – leaving many journalists unemployed and denying the media consuming public their right to information sources of their choice.

 

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