Zimbabwe Human Rights NGO Forum Special Report
Enforcing the Rule of Law in Zimbabwe
Following the June 2000 election, Government sought to deprive the MDC of state funding to
which it was entitled under the Political Parties (Finance) Act. The MDC successfully sued to
prevent Zanu-PF from spending Z$30 million of the funds allocated earlier. Zanu-PF was
required to lodge the money with the Registrar of the High Court. It failed to do so, claiming
entitlement to all of the 2000 funding available. The High Court found that Zanu-PF was not
entitled to all the State funding available, was guilty of contempt, and ordered it to repay the
already-spent Z$30 million, with costs. When the money was not forthcoming, the MDC applied
for a Z$50 000 fine against Zanu-PF for its contempt, or a three-month warrant of committal of
Zanu-PF’s National Chairman, John Nkomo (also the Minister of Home Affairs) to Harare
Central Remand Prison.1 Zanu-PF MPs then passed an amendment to the Political Parties
(Finance) Act, which cut off the 2000 funding at the end of June (instead of December) and
thereby allowed them to retain the money to which the court had decided they were not entitled.
Special constabulary units (reportedly comprising ‘volunteers, Zanu-PF youths and war
veterans’) were also trained ahead of their planned integration into the ZRP.2
MDC
As Zanu-PF attested its militia into the ZRP for training, MDC supporters were arrested for
possessing registered firearms and accused of training an MDC militia and/or planning to send
youths for military training in Uganda. MDC youths had allegedly been sent to Uganda three
months before the party was even formed! Later, another five were reportedly alleged to have
joined the ‘Red Army’ for local military training - in St Mary’s cemetery!3
Apart from the above type of light relief, the main opposition party has seen its leadership, MPs
and supporters harassed almost beyond belief, usually on charges of inciting public violence
under the Law and Order (Maintenance) Act (LOMA) (and sometimes more serious charges).
Among many members of the MDC who have been so harassed using LOMA are its President
and Deputy President (Morgan Tsvangirai and Gibson Sibanda), national youth chair Nelson
Chamisa, Justin Mutendadzamera, Jefter Munyanyi, Tafadzwa Musekiwa, Job Sikhala, Nelson
Chamisa, Mzila Ndlovu, Peter Nyoni, Thokozani Khupe, Abednico Bhebhe, Bernard Mhunduru,
Gift Chimanikire and hundreds of ordinary party members.
Justice Chinhengo upheld the MDC’s complaint that it was being debarred from contesting the
Chegutu mayoral election, for which nominations had been closed on 18 October 1999 without
an election having been held. He ordered the Registrar-General to hold a new nomination court
for this post. By September 2001 this had still not been done and there was no indication of when
the election would be held.
The Herald 14.12.00.
The Zimbabwe Independent 2.3.01.
3
The Daily News 17.5.01.
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