Jennifer Dube
2 August 2008
SIX MDC activists have filed an urgent chamber application seeking an order for an immediate cessation of violence against opposition supporters in Nyanga North.
Nyanga MP-elect Douglas Mwonzora, Edith Bapai, Phenia Nyanhongo, Fidelis Katerere, Munyaradzi Mwonzora and Passmore Mandikuwaza say in their founding affidavits that seven war veterans set up illegal bases and roadblocks in the area immediately after the harmonised elections last March and continue to maintain them after the June 27 presidential election run-off.
The bases, located across Nyanga North, are 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.
The applicants say the road blocks manned by the war veterans are also periodically set up near the bases, where passengers in buses and motor vehicles are searched, ordered to chant Zanu PF slogans and, at times, are beaten up.
The war veterans are also allegedly abducting, harassing and assaulting opposition supporters in the area while stealing their livestock in a manner reminiscent to criminal acts reported across the country in the run-up to the disputed presidential election run-off.
They are also allegedly demanding food from villagers to feed themselves at their bases and as "protection fees".
The applicants are seeking an order that will immediately stop the illegal activities and compel the police to maintain law and order in the area.
In arguing the preliminary point of whether the matter is urgent, the applicants' lawyer Dumisani Kufaruwenga on Friday said the court should intervene urgently to stop further damages while defence argues that the matter is not urgent since the applicants did not take steps at the time when the alleged acts were taking place.
Justice Bhunu is expected to give his judgment on that point. No date has been set.
In his opposing papers, Francis Mwonzora, one of the alleged war veterans and a brother of the first complainant, Douglas Mwonzora, denied the allegations laid against his group saying it was actually the applicants who have been perpetrating the violence.
Other cited respondents are Pasi Mukunza, Fred Pokoto, Antony Nyaguse, Joseph Gwenzi, Kennedy Tsvamuno and Charles Muronza. The police in the area are cited as respondents for allegedly failing to intervene while the Police Commissioner-General and the Attorney-General are also cited as respondents in the matter.
Meanwhile, Zimbabwe Lawyers for Human Rights (ZLHR) have expressed concerned over the reports of violence, saying most worrying is that the alleged acts are taking place despite pledges made by political leaders at the recent signing of a Memorandum of Understanding (MoU).
Signing the MoU, Zanu PF's President Robert Mugabe and the opposition's Morgan Tsvangirai and Arthur Mutambara agreed that all forms of violence must be stopped.
"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 (police)," the lawyers' organisation said in a statement Thursday.
ZLHR urged the police to fulfill their constitutional and legal obligations by protecting victims in the alleged criminal acts while swiftly bringing before the courts those responsible for such criminal conduct.
The ZHLR asked for all torture and semi-military bases set up across the country to be dismantled immediately and those continuing to maintain them to be arrested and made answerable to the law.
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