

#PoliceBrutality Letter- Re: Uganda Vs Mohammed Sebuufu & Others (August 2016)




“After freezing public sector employment, Zimbabwe’s government now plans to cut about half the jobs in the agriculture department. The government has recently been struggling to pay public service wages, which make up the bulk of its revenue” (CCTV Africa, 2016)

The Zimbabwe Human Rights Commission (ZHRC) is cognisant of the demonstrations, protests and ongoing unrest in the country. As a country, Zimbabwe is founded on the principles of the supremacy of the Constitution, fundamental human rights and freedoms, and recognition of the inherent dignity and worth of each human being. The Constitution guarantees under section 59 that every person has the right to demonstrate and to present petitions, but these rights must be exercised peacefully, and the demonstrators should not seek to harm anyone or destroy or loot property.
In terms of section 219 of the Constitution, the Police have a duty to protect and secure the lives and property of the people, uphold the Constitution of Zimbabwe, and enforce the law without fear or favour. It is noted with regret that the police did violate the fundamental rights of the people as evidenced by the facts gathered on the ground. Security concerns should not be used as an excuse to harass demonstrators or non-demonstrators, which undermines the fundamental principles granted by our Constitution and international law. Citizens should enjoy police protection and not brutality. Police have a duty to facilitate the conduct of undisturbed peaceful demonstrations and petitions. The ZHRC is, therefore, extremely concerned about the recent violent conduct of the ZRP.
The ZHRC has received complaints on allegations of Police brutality and our ongoing investigations have revealed unbecoming and violent conduct on the part of the Police. This has led to unfortunate physical and emotional injuries to some innocent persons including minors. This is regrettable and we call upon the authorities to ensure that the perpetrators of such human rights violations are prosecuted. To that end the ZHRC encourages members of the public who may have suffered human rights violations to come forward and lodge formal complaints with the Commission.
The ZHRC is also concerned by the indiscriminate teargassing of centers occupied by people some of whom may not be involved in the demonstration. This should stop and we call for due diligence and care to ensure that the rights and freedoms of innocent citizens are respected and protected.
The ZHRC abhors violence in any form. The Commission, therefore, calls upon all citizens who decide to demonstrate to do so within the confines of the law and never with violence. As Zimbabweans, we all have rights and duties that we need to exercise peacefully at all times.
In the case of violent protests or demonstrations, the right to personal liberty, rights of arrested and detained persons and freedom from torture or cruel, inhuman or degrading treatment or punishment, right to a fair trial and rights of accused persons should be upheld at all times.
The ZHRC calls for an immediate end to violence, threats and intimidation by all perpetrators. We urge all Zimbabweans to exercise restraint and self-control and to remain calm. We urge the ZRP and respective arms of the Executive to ensure that citizens are permitted to demonstrate peacefully and utilise constructive dialogue to address genuine concerns.
“The Makindye Magistrates’court has formally stayed the criminal prosecution of the Inspector General of Police General Kale Kayihura and seven of his senior police commanders over torture. On Monday morning, Presiding Grade One magistrate, Juliet Nakitende, ordered that the proceedings against Kayihura be halted until the court receives further directives from the Constitutional Court. Magistrate Nakitende was moved by an order issued and signed by the Deputy Chief Justice Steven Kavuma last Friday, which suspended the said trial until the Constitutional Court hears and determines a petition filed by a city advocate Robert Rutalo challenging Kayihura’s trial on torture charges. Justice Kavuma’s order was served and presented before court by David Wandera Oudo, Rutalo’s advocate. The DPP represented by the Makindye court Resident State Attorney, Immaculate Angutoko, also informed court that he has officially taken over Kayihura’s prosecution and only needs assistance from private lawyers to avail him with the necessary evidence. After court, the petitioner in the Constitutional Court Rutalo told journalists that he was never paid by Gen. Kayihura to challenge the IGP’s trial” (NTV Uganda, 2016)

The truth is in the actions of any ruling regime. The reality of their actions speaks of how they respect their citizens and the government institutions. After yesterday the legacy of the former political party who liberated the nation is now totally lost.
The President and the Executive has been lost for a long time. He just hasn’t known it himself. He is like a bulldog trying out every move and shouting at every by passer. Even when he is old and whiny he still continues and brawls with every candidate that trespasses his gate.
The dire state is not just the economy, but the fragile state between the population, the lengthy disregard of the civil servants and the public officials. As you have VP who uses government funds on eating lavishly on a hotel instead of accountable actions. As well, you have government officials praising the executive and saying his rule is biblical. While the public who demonstrate against him is evil; the Police answer with tear-gas and violence. Not contempt of public voices of discontent. The allowed demonstrations are the ones connected to Zanu-PF, the Youth burning the flag and destroying the MDC-T offices in Harare.
The double standard as the Zanu-PF elite eats and get fat, while the drought of funds and import of needed equipment happens. The debt and sanctions together with the drop of trust between international community and the Zimbabwean government; the Zanu-PF government who could just been run by Ian Smith, they did the say reasoning against the citizens, only they we’re liberators who we’re detained. Now it is citizens and human rights activist who are detained.
Every time some demonstrations happens it is supported by the West and the Westerners fault. Not that it’s the men who has made the situation dire, the men behind police officers and army who detains without impunity or the men who thief the government funds. No, it is the British, the French or lucky the American. It cannot be Mugabe and Gucci Mugabe, no it is somebody else. Just waiting for Acie Lumumba to proclaim his passion for development and say that he still has faith in Zanu-PF without consideration to the draconian state that is just right there.

#ThisFlag is a loose movement and with inspiring leaders who just shows they heart and wish to garn change and possible leadership who cares about the citizens and not the newest Mercedes SUV. That is the capacity of governance right now. The Government tried to put extra tax on the imported goods as a special VAT as the sanctioned imports where less and less become of the weak economy and value of the currency. Even the issues with downgraded levels of US Dollars lead to ATMs pouring out South African Rand that even marginalized more people. This proves the little value of the citizens.
The lack of on-time pay for soldiers, nurses, teachers and civil servants prove the disgruntled forces while the Zanu-PF continues to live like kings and queens. The people are even tagging the streets named after Robert Mugabe and also taking down the signs with his name. As they demonstrate and are brutally shut down. Today, the court of Harare are even working on fencing the area as another protester are awaiting trail tomorrow and the Government have no other outcome than shutting down. They do not want to see the public garn around the Court in massive numbers as last time when they had to release Pastor Evan Mawarire, he is the one man who opposed and showed them how to peacefully question the Zanu-PF rule without fear of losing his position and freedom.
Now that is up and concerned citizens watch, as the turns and extensive nature of ZANU-PF continues. As their Youth League are acting as hooligans without any repercussion from the Police, while the peaceful demonstrators from public disregard of Zanu-PF violently get silenced. The proof of the fall of grace, the lost nature of the ones respected party. The one party and the one leader who has gone from being the hope and liberator; and with time he has turned himself from liberator to villain of decades of decadence and wealth forgot why he was in bush. Mugabe has lost his ways in wealth and riches! While his people are asking for handouts and can’t even get justice.

Because of the Social Media uprising of late the Zimbabwean Parliament even have scheduled a new Cyber Crime law able to make prosecutions of people who starting demonstrations and questioning the Zanu-PF online. The #ThisFlag #Tajamuka #NoBondnotes and so on are just honest citizens tired of being used by ruling regime for donor aid and bargain-chips for funds to develop the nation. They want hope and future where all citizens can be involved and have the sense of making their life and work without fear of the police or the ruling regime silencing them with violence or oppressive behaviour while they ride in luxurious cars and have mansions in Harare. While the average man and woman are struggling to get ends to meet. That is not a just society and the Zanu-PF should know it as the fellow loyalist have taken land, businesses and imports for themselves. There is a fatigue of justice between the population and the Zanu-PF elite. That is why the demonstrations are happen so frequent and why the Zanu-PF elite and the Executive is LOST.
The Robert Mugabe of the Past, the man who conquered the Ian Smith Regime and European sponsored dictatorship from the United Kingdom. Now it is sponsored dictatorship under Robert Mugabe. Peace.

The Ugandan Officials cannot help themselves even if they are drowning in Lake Albert; they will still claim: “There isn’t any WATER here!” That is just the way they are for the moment. They are just for the moment more focused on the brown envelopes from the Executive, than actually taking care of the neglect of service towards the citizens. That is the key for them at the moment… why do I say that?
Well, the Police Brutality and the questionable behaviour of the Police Force in the recent months and for a long while finally ended in a petition and a Court Case at the Makindye Magistrate Court. Something that first got the impunity of the Police Commanders and the Head of the Department IGP Kale Kayihura to disobediently smooch with fellow compatriots from Algeria than show up in Court that day.
After that we’re the violent supporters of Kayihura and the Police a lawyer’s car and also closed of the area to seal off the petitioners against the lawmen. The demonstrations and their behaviour we’re sanctioned by the Police, while the Police has on the same acts of the Opposition or ordinary citizens acted with violence or detaining fellow citizens. So the ironic staged affairs are openly showing the blatant disregard for equal laws for the people. The Police Force and their commanders are apparently above the law.
So tomorrow the Police Commanders are supposed to answer for their brutal affairs and misconduct in service as civil servants. They represent the people and they are supposed to create a safe society. Instead they are the once that have a monopoly on violence against innocent citizens. At the same time before the weekend the all but famous for justice and just understand of law. Honourable and Deputy Court Justice (DCJ) Stephen Kavuma kind of thinking of cancelling it or disperse it. This happens days after DPP Mike Chibita wanted to control it and now even the DCJ Kavuma even drops his few cents. So that the Makindye Magistrate Court becomes second fiddle to the other Government Law Officials who want’s to torpedo the case.

The DCJ Stephen Kavuma who has fought against the Forum for Democratic Change during the early year and suspended the party who answered the fraudulent election and cast of ballots. So the Defiance campaign we’re shut down with Interim Order, so again the Justice Officer showed his gallant ways to counter normalcy to please his fellow Executive. Because the Executive is above the law and the men who shield him can do what they please. The rest have to beg for mercy even when the Police go against the law and detain people without any warrant or just cause. If they are detained days upon days for wearing wrong T-shirt or being a part of Consultation meeting for the wrong party. Even when they are detained days upon days when the local judge have ordered them free, the Police Commander still let the linger in jail without any charge. That can be supported, but a Police Brutality case against the Police Commanders and IGP Kayihura proves that the law is not similar to them all.
The FDC and their men have battled court and have to take every precaution when they are detained and released from prison. And if they don’t show up on time to court, than they are sanctioned and house-arrested even when the warrant or charge is non-existent towards them. So when the Defiance Campaign we’re a problem they we’re on them like they we’re a disease and needed quick remedy.
But when it comes to his case and the case against the Police Commanders he can show disregard. He disgraces the court and the basic lawfulness. As he is on the top and sanctions other citizens and political opposition he acts without any caution. Still, with that in mind his men and leadership acts without honour or bravery.

While he had “supporters” around the Makindye Magistrate Court last time who violently and closed off the area where they tormented the petitioners. Now, today there a celebration and rally for Crime Preventers who are most likely going to protest the case in Kampala and Makindye tomorrow. As the shipped pocket-changed loose-police affiliated organization will be used as a tool to oppress the opinion of the police brutality. As they will be day after left behind in Kampala as the Uganda Police Force doesn’t pay them to travel home to whatever district in Ankoli, Acholi, Busoga or Toro they really are from. The same they did during the campaign period… The NRM and the Police Force cannot help themselves when it comes to this.
When just comes 24 hours to Kampala, the Crime Preventers as they have to fight extreme crime in the City just before Court case happens. Just as they think people are stupid and can’t put two and two together. They come to claim the legality and shut down the citizens who might want to show up and question the behaviour against the state and their top-officials. Something IGP Kayihura and his top Police Commanders are. They are top-officials and men who supposed to be regarded and leaders. The Uganda Police isn’t above the law, even if the lawmakers and justices are letting them go off the hook right now. Because the reality is that the citizens and the ones watching knows that the Police Brutality will be torn in the flesh. Not only to the ones who we’re beaten for “just being on the wrong street at the wrong time”, but also the leaders who sanctioned the behaviours of the Police Officers to do so!
They will not be forgotten, all the live-bullets, killings, the hurt people after the mambas and the beatings after political rallies. They will be victims that will be on the CV of IGP Kale Kayihura. This will be words in the remembrance of the Police Commander, that I’m not so sorry to say: “he didn’t give a fuck about the lives of the citizens of Uganda”. He only cared about his own position and the ruling party existence, but not justice for all men under the law. That is what this case and the actions of all parts of the state shows disregard for decency and justice. The other people are acted upon as they are guilty before proven innocent. While the IGP Kayihura and his Police Commanders are innocent and above the law, before proven guilty; which is the disregard of the law. If you think otherwise you have to get your mind corrected. Peace.



“The strategy of our government is clear for anyone who chooses to see: It is to frustrate the people until some of them commit acts of violence, which then justifies the government’s own violent response. This is calculated to force those who have been calling for non-violent protests, specifically the church leaders, to denounce the activists who are demanding change but who the government portrays as violent inciters. We cannot allow this government to attempt to reclaim the moral ground to rule it has lost by pointing accusatory fingers at people who simply want to be heard and to exercise their full constitutional rights as citizens. We want change in Zimbabwe and we want it now. To want it for future generations merely prolongs ours suffering and that of our children. We want it for ourselves today so that we can get on with the business of building the kind of country we want for our children’s children. It is our right to demand that. This is Dr. Noah Manyika from Build Zimbabwe saying: Is there not a cause? #BuildZimbabwe” (Build Zimbabwe, 2016)