Zimbabwe Human Rights NGO Forum Special Report Enforcing the Rule of Law in Zimbabwe ‘Military personnel continue to move around the area with AK47s, intimidating farmers and their work forces and refuse to give information of who they are being commanded by, names, or identification. A soldier, in police presence, pointed an AK47 barrel into the stomach of the owner of Fort Martin farm, insisted that no planting would continue on the farm and harassed the owner for over an hour. The owner’s wife of Beersheba farm was abducted and returned unharmed by military personnel whilst the owner was away. Military personnel have sometimes been seen in the presence of a senior member of the District Administrator’s office who has been extremely intimidating in some cases.’ There is a large problem for the rule of law in the relationship between the police and the army. Not only are the armed forces subject to their own, non-transparent military policing and courts martial, they have also acted as if they are above civilian law and its enforcement. There are numerous examples of police refusing, or being unable, to use the law against army personnel; of court messengers being refused entry to military barracks and cantonments; and two infamous cases in 1999 of the police handing over to army torturers civilian detainees (journalists Mark Chavunduka and Ray Choto). Detective George Dhokwani was reported to have been shot dead by a soldier, Denfart Neurumba, who was guarding an army officer’s private house. Neurumba was initially taken into custody, but later released, apparently ‘following the alleged intervention of unnamed officials’.1 Masvingo police refused to heed an order involving soldiers by magistrate Shortgame Musaiona. He was incensed by the Z$60 admission of guilt fines levied on 53 soldiers, and ordered the police to prosecute them on charges of public violence and/or assault. They had injured 10 patrons (five seriously), stolen $5 000 and damaged cars and property at the Ritz Nightclub.2 In response to a Parliamentary question, the Minister of Home Affairs denied that the Masvingo police were defying the magistrate’s order, noting that soldiers ‘cannot be treated like hunted animals’ and ‘it is folly for the police to remove the soldiers from the barracks without going through the [Joint Operations] Command’. The police had, he said ‘done everything possible’, so no action would be taken against them.3 However, magistrate Musaiona was reportedly listed for transfer.4 Zimbabwe Republic Police (ZRP) The ZRP has acquired a poor reputation, both for assaulting citizens exercising their constitutional rights of expression and assembly, and for being thoroughly partisan, allegedly under the direction and control of the State President and the ruling party. However, when called to his farm by former prime minister Ian Smith, the police reportedly arrived promptly - with the assistant district administrator!5 The Zimbabwe Council of Churches regretted that the ZRP did not send representatives to their July 2001 meeting in Victoria Falls and called on the Government ‘to apply the law impartially regardless of political affiliation’.6 1 The Daily News 31.8.01. The Daily News 28.8.01. 3 The Herald 30.8.01. 4 The Standard 9.9.01. 5 The Daily News 6.9.01. 6 The Daily News 25.8.01. 2 29