Published by the government of Zimbabwe
13 July 2009
Harare — MDC-T MP for Chipinge South Meki Makuyana was last week sentenced to 12 months in prison for kidnapping two Zanu-PF supporters in the run-up to the 2008 harmonised elections.
This brings to four the number of MDC-T MPs convicted of various crimes, while several others are facing different charges in the courts.
Chipinge provincial magistrate Mr Samuel Zuze convicted Makuyana, along with Councillor Chisumbanje Hardwork Masaiti, and two MDC-T party supporters Wedzerayi Gwenzi and Simon Chaya, after a full trial.
The four had pleaded not guilty.
Mr Zuze sentenced them to 18 months behind bars but suspended six months of their terms.
He rejected their claims that they were being politically persecuted because, he said, the evidence led in court clearly showed that they had committed a criminal offence.
Defence lawyers Mr Langton Mhungu of Matutu, Kwirira and Associates; Mr Sam Chitumwa of Bere Brothers; and Mr Blessing Nyamaropa of Zimbabwe Lawyers for Human Rights, argued that the losing candidate for Chipinge South Cde Enock Porusingazi (Zanu-PF) was behind their clients' arrest and prosecution.
However, the investigating officer who testified in the trial, Assistant Inspector Mupangami, dismissed the claim, saying Cde Porusingazi was never at any stage involved in the case.
Prosecutor Mr Last Goredema said the four kidnapped two Zanu-PF supporters -- Isaac Ndlovu and Joseph Dhliwayo -- when they were attending a rally at Chisuma Primary School ahead of the 2008 harmonised elections.
"The four accused persons, who reside in Chisumbanje, were at an MDC-T rally at Chisuma Primary School when they observed that Zanu-PF supporters were also having their meeting at the same school and about 100 metres from where they were. Dhliwayo was addressing the Zanu-PF meeting.
"Makuyana asked Masaiti, Gwenzi and Chaya to go and stop the Zanu-PF meeting and order everyone who was there to attend the MDC-T rally.
"The Zanu-PF supporters refused and Masaiti, Gwenzi and Chaya went back to inform Makuyana that they had refused to attend the MDC-T rally," he said.
He told the court that the three teamed up with Nyasha Madhodha -- who is still at large -- and went back to the Zanu-PF meeting where they assaulted the people there with sticks and chairs.
Ndlovu and Dhliwayo were apprehended and forcibly marched to the MDC-T rally, he said.
The court heard that Makuyana introduced Ndlovu and Dhliwayo to the MDC-T supporters as the people who were causing problems to their party in Chisumbanje.
"After the meeting, Ndlovu and Dhliwayo were force-marched into Makuyana's vehicle, a Toyota Venture, and driven to another rally at Maparadze Business Centre.
"They were paraded before the MDC-T supporters where they were mocked and denounced.
"When Ndlovu and Dhliwayo asked to go to the toilet, Masaiti, Gwenzi and Chaya were made to accompany them while Makuyana continued addressing the rally.
"After the meeting, they were forced back into Makuyana's vehicle where they were driven to another rally at Mutandahwe Business Centre. They were denounced again," he said.
Mr Goredema said they were forcibly taken to Chitepo Primary School where there was another MDC-T rally and they were again denounced.
"Dhliwayo asked for some water to drink, and the MDC-T supporters refused to give him the water. At Chitepo Primary School, some MDC-T youths asked for permission to assault Ndlovu and Dhliwayo and Makuyana turned down the request.
"Ndlovu and Dhliwayo were later taken to Chisumbanje Police Station where the MDC-T supporters made a false
report that Ndlovu had stabbed Gwenzi with a knife and no charges were pressed against Dhliwayo."
However, police investigations revealed that the MDC-T supporters had, in actual fact, kidnapped Ndlovu and Dhliwayo, leading to the arrest of the four.
The latest conviction brings to four the number of MDC-T MPs that the courts have found on the wrong side of the law.
All the convicted MPs are from Manicaland Province.
Lynette Karenyi (Chimanimani West) was sentenced to 20 days in prison or a fine after being found guilty of forging her nomination court papers last year.
Shuah Mudiwa (Mutare West) was jailed for seven years for kidnapping a 12-year-old girl.
Mathias Mlambo (Chipinge East) was slapped with a 10-month prison term for obstructing the course of justice.
A further five MDC-T MPs are on trial on fraud charges stemming from their alleged abuse of the Government's farm inputs programme.
These are Hega Shoko (Bikita West), Edmore Marima (Bikita East), Tichaona Maradza (Masvingo West), Hamandishe Maramwidze (Gutu North) and Ramsome Makamure (Gutu East).
Blessing Chebundo (Kwekwe Central) is also before the courts on allegations of raping a minor.
According to the law of the land, any MP who misses six consecutive months of parliamentary proceedings forfeits his or her seat, thereby necessitating a by-election.
However, the provisions of the Global Political Agreement signed by Zanu-PF and the two MDC formations does not allow the parties to contest against each other in any by-election for as long as the inclusive Government subsists.
This means should the courts uphold Makuyana's conviction and sentence, MDC-T will contest the by-election against small parties and independent candidates.
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Very soon half of the MDC MPs will be in jail while Joseph Mwale, the CIO operative who allegedly murdered Tichaona Chiminya and Talent Mabika in broad day light walks the streets. Justice Zanu P.F style!!!
Prison sentences long enough to take MDC members out of Parliament. Mutambara has also been firing reps from his MDC faction, with instruction from Ncube. It seems, the ZANU PF – MDC(M) pact is to facilitate the passage of undemocratic legislations and policies through a compromised Parl in which MDC(T) will be nothing but a feeble voice.
Just looking at this page, there is no reaction to this important story. It appears, some of us are beaten too. All we do now in the face of all these abuses is to throw our hands up in the air in exasperation.
So why aren't 50 or so zanupf ministers thrown in prison for orchestrating all the murders and rapes though out the country before the elections. If there is going to be a level playing field in the courts then bring the terrorists to book without impunity. The rule of law has to be applied equally.
These Zanu bully tactics are transparently obvious. I don't know why they pretend to be democratic. Why don't they just make parlaiment a lame duck entity and ignore all democratic procedures? Oh wait... they already do that.
Could their strategy be that once they have a majority they think they can tell the MDC to sod off? Perhaps they'll forget they signed a binding agreement to form an inclusive gov't?
According to a Zanu pf official courts divides pple. Kugocha kunoda kwaamai. How can we do national healing.