Zimbabwe: Press Statement by the Minister of Home Affairs and Cultural Heritage (25.01.2019)

The Southern Africa Litigation Centre – Press Release: International Crimes Being Committed in Zimbabwe (25.01.2019)

The Southern Africa Litigation Centre (SALC) is concerned with reports of serious human rights violations and commission of atrocities by the police forces, government armed forces and ZANU PF members in Zimbabwe since Monday 14 January. Following country wide protests to the hiking of fuel prices in the country, the government’s response towards the protests has been systematic, widespread and disproportionately brutal against its own citizens.

SALC has received credible reports that the police, government security forces and members of the ZANU PF have been using live ammunition against its own citizens who have been peacefully protesting in exercise of their rights under the Constitution. There are credible reports that doctors have treated 78 confirmed cases of gunshot wounds. There are also confirmed reports that the Police and government security forces continue to use lethal force against citizens in various Harare neighbourhoods, including Mbare, Glenview, Kuwadzana, and Chitungwiza. There is strong evidence suggesting that torture, extrajudicial killings intimidation, raids on homes for suspected leaders of the protesters, indiscriminate traffic stops, displacement and arbitrary detentions are taking place on a daily basis in the country. All these atrocities are being committed by the Police, government security forces and members of ZANU PF. There are also reports suggesting that wounded victims are being detained while they are in hospitals and taken to custody.

In addition to the above gross human rights violations, there are reports that to those who have been indiscriminately detained, access to legal representation has been denied by the authorities contrary to the country’s constitution. There are also reports of cases where detained suspects have seen their cases fast tracked with no access to legal representation.

These reports point towards gross human rights violations and raise serious concerns that Zimbabwe government officials are committing serious international crimes including torture and crimes against humanity. The commission of international crimes against the civilian population constitutes a serious violation of international law. The list of criminal conduct that constitutes crimes against humanity include murder, torture, rape, and imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law. Zimbabwe has an international obligation to investigate and prosecute the crimes committed by the police, government security forces and ZANU PF officials against its citizens.

Should Zimbabwe take no steps towards fulfilling its obligation, the international community has an obligation to intervene in order to hold those responsible for the commission of the crimes accountable. In South Africa, this obligation was recognized by the Constitutional Court of South Africa through the  National Commissioner of The South African Police Service v Southern Africa Human Rights Litigation Centre and Another (The Zimbabwe Torture Docket) decision. In that decision, the Constitutional Court held that national competent authorities including the SAPS and the NPA have an obligation to investigate acts of torture and crimes against humanity committed in Zimbabwe. The court also held that this obligation extends to the prosecution of suspected offenders who are found in South Africa, be it on a temporary basis or not, even though the crimes were committed in Zimbabwe .

As a regional body that strives to hold governments accountable for the commission of international crimes including acts of torture and crimes against humanity, SALC reiterates its position that it will take steps towards holding those individuals who are committing the crimes in Zimbabwe. SALC, therefore, calls upon the Government of Zimbabwe to investigate the crimes that are being committed against the civilian population by the police, government armed forces and ZANU PF members including acts of torture, murder, and crimes against humanity and those found responsible must be prosecuted. Should the government of Zimbabwe fail to investigate and prosecute suspected offenders, SALC will not stand by, but take steps towards holding those responsible for the commission of the crimes accountable. We call on the African Union, Southern Africa Development Community and their governments to take action, and ensure that those who violate human rights are held accountable.

Zimbabwe: Government Press Release (25.01.2019)

Zimbabwe Congress of Trade Unions (ZTCU): “Subject: ZCTU Demands Japhet Moyo’s Unconditional Release” (23.01.2019)

Statement by Restoration of Human Rights (ROHR) Zimbabwe on the Shooting of Civilians by Soldiers Commencing 14th January 2019 (21.01.2019)

Law Society of Zimbabwe: “Re: The Rule of Law Situation” (23.01.2019)

ZHRC Statement on the Deteriorating Socio-Economic and Security Situation in Zimbabwe (22.01.2019)

The Zimbabwe Human Rights Commission (ZHRC/Commission) has noted with concern the fast deteriorating socio economic and security situation in Zimbabwe triggered by an assortment of government policy statements and decisions. These have had far reaching effects on the household economy causing losses in incomes and savings thereby worsening poverty levels in the country.

The ZHRC fully understands the dire macroeconomic situation in the country and the need to make radical decisions to remedy the situation. Whilst such austerity measures meant to transform the performance of the economy may be commendable, due care and diligence must be exercised to protect the rights and well-being of especially the vulnerable members of society. In particular, it is important to develop pro poor policies including the setting up of effective social safety nets to ensure access to basic goods and services by all. Section 13 (1) of the Constitution of Zimbabwe implores the State and all institutions of Government to ensure equitable development. Further, Section 13 (2) requires Government to involve the people in the formulation and implementation of development plans and programmes that affect them.

It is the view of the Commission that most of the austerity measures and decisions are being made with little or no consultation of the relevant stakeholders and citizens and in many instances sound and appear as almost arbitrary. As a result there is no buy in or support for these new policies leading to implementation challenges with some key players and citizens resisting the changes. Related to this, there are no structured policy review mechanisms in place to assess and understand both intended and unintended impact of government decisions and policies on citizens and the economy. All policies, no matter how well – meant, can have a negative impact that disproportionately affect the disadvantaged members of society. Such members of society need State support to cushion them so that they cope with the consequent hardships. It is now increasingly difficult for poor families to put food on the table, access medical services, send children to school or enjoy any other socio economic rights enshrined in the Constitution of Zimbabwe.

The Government of Zimbabwe, outside pronouncing a number of austerity measures, has not provided a clear road map to economic recovery and prosperity. Key determinants of economic growth are not being dealt with decisively. For example, the present currency confusion is leading to much speculation and rent-seeking behaviour by most economic agents. Section 317 of the Constitution is very clear and gives the Reserve Bank of Zimbabwe the mandate to: regulate the monetary system; protect the currency of Zimbabwe in the interest of balanced and sustainable economic growth; and, formulate and implement monetary policy. It is the ZHRC’s considered view that the country will not attract much investment or realise economic development before decisively dealing with the currency confusion.

The ZHRC therefore calls upon Government to take the lead in convening a platform for national dialogue with partners in all sectors including captains of industry, labour unions, independent commissions, civil society, the opposition and ordinary citizens in order to find lasting solutions to the prevailing economic challenges to ensure respect and observance of human rights and promote peace and security in the country. We urge the Government to be a listening and caring administration, not worried about perceptions of weakness or climb-down because of accommodating various sectors and viewpoints in addressing the national crisis that Zimbabwe finds itself in.

The Commission has also noted the decision by a number of organisations and individual members of society to demonstrate and petition as a way of communicating their frustrations and demanding answers from the Government of Zimbabwe as a duty bearer. The frustrations are understandable, and the right to demonstrate is provided for and protected under section 59 of the Constitution of Zimbabwe. The ZHRC takes this opportunity to emphasize that this provision protects the right but also gives the responsibility to the demonstrators to respect the right of others by demonstrating peacefully. The Commission calls upon all organisers of and participants in demonstrations to take this responsibility seriously by having concrete measures to ensure peace. Experience has taught us that criminal and rogue elements of society will always take advantage of public demonstrations and protests and proceed to loot, destroy property and even cause bodily harm to innocent bystanders. The Commission therefore does not condone the violence that has characterised previous and current demonstrations. Organisers of demonstrations must therefore take full responsibility for their decisions and actions so that the enjoyment of their rights is not in violation of the rights of others. Equally worrying is the abuse of social media platforms by demonstrators and other faceless characters to threaten and intimidate people as well as distort facts to achieve their ulterior motives, in the process causing alarm and despondency amongst the citizens. The ZHRC calls upon all stakeholders to exercise restraint and uphold peace and at the same time urges the Government not to violate citizens’ rights to information by blocking social media and internet services.

In addition, the Commission urges law enforcement agents to protect people and property in line with their constitutional mandate and not to cause harm and loss of life to the protesting citizens. In this regard, the Commission has noted with concern the reports of loss of life and limp during the current demonstrations, attributed mainly to the Zimbabwe Republic Police (ZRP). The Commission has also received reports of the security sector badging into people’s homes during the dead of the night on Monday 14th January 2019 and early morning on Tuesday 15th January 2019, beating up people and forcing them to clear barricaded roads. As the Commission, we are of the view that such heavy-handedness on the part of the security sector does not solve our national problems but only helps to create resentment and anger amongst the citizens which in turn breeds the violence that we are currently experiencing.

Lastly, as Zimbabweans, let us all remember that this is our country together, and we must all work to ensure a Zimbabwean society where everyone enjoys their rights and where citizens can thrive and prosper whilst building a better country for future generations.

My Letter to President Mnangagwa: Make it Stop!

Dear Sir, His Excellency President Emmerson Mnangagwa!

I am writing you today because of everything that has happen since the 12th January 2019. This has now been in t0 days of violence, killings and detaining the opposition, activists and also intimidate innocent civilians. Because of your state own actions and internet blockade, but also the Social Media Blockade, which has ensured the lack of verified accounts on all the state sponsored activity done with your blessing.

Mr. President, the tale of what is happening is well-known for you. You know what the soldiers are doing. You know what the Police Officers are doing and what the Judges are charging several of activists, union-leaders and opposition leaders too. Therefore, you know what is happening and the actions done by your authorities towards the citizens.

That is why its insulting reading your statement. Like your trying to look like a reformer and someone who is changing society. When your really using the fuel crisis and Shutdown to silence the ones who has a voice against you.

So when you wrote this today, were you in a serious state:

Likewise, violence or misconduct by our security forces is unacceptable and a betrayal of the new Zimbabwe. Chaos and insubordination will not be tolerated. Misconduct will be investigated. If required, heads will roll. I invite leaders of all political parties as well as religious and civil leaders to set aside our differences and come together. What unites us is stronger than what could ever divide us. Let’s begin a national dialogue. Let’s put the economy first. Let’s put the people first. Likewise, violence or misconduct by our security forces is unacceptable and a betrayal of the new Zimbabwe. Chaos and insubordination will not be tolerated. Misconduct will be investigated. If required, heads will roll. I invite leaders of all political parties as well as religious and civil leaders to set aside our differences and come together” (Emmerson Mnangagwa, 22.01.2019).

Why I don’t trust your words? Because, we all saw how you acted when it came to the 1st August 2018 Post-Election Violence and Inquiry, which was a salute to blame the opposition, but not take anyone who ordered the guns on the protesters in the streets of Harare. That wasn’t important than, and isn’t important now. We know that by your previous actions. Only your image and the possibilities it is supposed to bring.

However, Mr. President, your not acting like a man who cares about the toil, the tears and the grieve. You act like a President who has no issues using the force of the army and authorities to silence them. You have no trouble putting treason charges on anyone who stand-up to the ZANU-PF rule.

Mr. President, you have not created a NEW ZIMBABWE. This is the same old Zimbabwe. Your actions and words doesn’t fit to the reports. As the intimidations continues, the sorrows are still trickling out. While hard to verify, still their voices are vital to get a feedback on the state of the Republic.

Mr. President if you really did care, you wouldn’t talk like this and act like this. Travel away for so, as the fire are getting worse. No one really planning to put it out and find way to rebuild. Instead you stayed away, until rumours of your demise happen. Then you couldn’t hang out with the wealthy at Davos. Therefore, Mr. President you are far from creating a New Zimbabwe.

You are delivering a sinister, evil resemblance of the one of the past. Mr. President, you are not changing the Republic. You are not showing the world a New Zimbabwe. You are not opening up Zimbabwe for business, but your actions are closing it. There is no transparency, there is no proof something sustainable and trustworthy. The only thing you trust is using the army and using force, not building things and talking about the issues. You are just using the AK’s and hoping they will settle the score.

They might make one more person stop, but the idea is still lingering on. The idea of freedom, liberty and principals of rule of law, which is all equal to all.

Mr. President, if you believe in any of the words your are writing. As long as the weapons are pointing at innocent civilians, who just happens to be near the soldiers. You are in the wrong side of history, you are at the wrong side of barrel; Mr. President you are the one that is in-charge and should make it stop. Not make the voices showing discomfort and discontent against you and your party, STOP.

With sincerely sad disbelief that you though a PR Stunt would change the narrative

Writer of MinBane

Zimbabwe: ZELA Press Statement – ARDA TRANSAU Leader Intimidated over a Pending Relocation Court Case (22.01.2019)

The Zimbabwe Environmental Law Association (ZELA) is saddened by the reports of events that occurred at around 22:00hrs on the 21st January in ARDA Transau. ZELA received disturbing reports that on the said night, a group of men who identified themselves as members of the security forces intimidated and threatened the Chairperson of the ARDA Transau Relocation Development Trust, Mr. Donald Masvaure, at his place of residence with unspecified action should he continue to mobilize the community to seek legal redress in a pending court case.

The threats and intimidation came at a time when the Trustees of the ARDA Transau Relocation Development Trust, led by Mr. Masvaure were planning on convening a meeting to update the community on the progress of their case set down for hearing at the Mutare High Court on the 24th January 2019 before Justice Mwayera. The residents are being represented by lawyers who have been instructed by ZELA. In the said case, the Trust is seeking an order compelling the Minister of Local Government, Public Works and National Housing to furnish it with the records and all documents pertaining to the relocation of the residents of ARDA Transau from Chiadzwa. It also seeks an order compelling the same Minister to furnish information relating to the tenure system to be given to the relocated residents.

The Trust and the residents as a whole have a constitutional right to access the requested information guaranteed by the section 62 of the Constitution of Zimbabwe. Accordingly, the court will be persuaded on the 24th of January to make a finding that the Attorney General neglected his duties and obligation to promote, protect and uphold the Constitution and defend the public as provided for in section 114(4) of the Constitution by failing to advise the Minister of Local Government and Public Works and National Housing.

ZELA categorically condemns these unlawfully actions aimed at stopping or discouraging communities to assert their rights through the courts. It is worth noting that the residents as represented by the Trust have the right to access the courts in Zimbabwe as enshrined in section 69(3) of the Constitution. The realisation of this right should not be discouraged through unlawful and forceful means. The threats and intimidation have no place in a constitutional democracy like Zimbabwe. ZELA calls upon the Zimbabwe Republic Police to investigate the incident, identify the culprits and bring them to book in line with their constitutional mandate as provided for in section 219 of the Constitution of Zimbabwe.

Furthermore, ZELA is concerned about the security and safety of the residents of ARDA Transau and is appealing to all the relevant authorities to give all the necessary support and protection in order to ensure that justice prevails.

“Environmental justice through sustainable and equitable utilization of natural resources and environmental protection”

Zimbabwe: Public Statement by President Chamisa – The Way Ahead – The Correct Path (22.01.2019)