Mafuwu Nyashadzamwari Assault Wonder Masamba Assaulted by army in Chitungwiza on 02/08/18 The Commission heard evidence from a vendor, Ms. Precious Mabenga who worked along Nelson Mandela avenue, close to the MDC headquarters, outside TV sales & Hire. It was her evidence that the crowds at Harvest House were singing and dancing and celebrating and that she only later saw people running when soldiers came in. She further indicated that she was assaulted by members of the Army with a sjambok whilst on the pavement and her picture while being assaulted appeared on the front page of Newsday, a local daily newspaper of the independent press. The Commission also viewed video footage 13 of people being assaulted. From the evidence considered by the Commission, both oral, written and video footages, it is undisputable that some soldiers were assaulting members of the public as they drove them out of the city. 5.6. Proportionality of Army’s actions The Commission has considered the proportionality of the Army’s actions in relation to the available evidence of the threat to public safety that had to be addressed. There was evidence received of life and property being under direct threat as noted above. In these limited circumstances, the use of warning shots could be considered proportionate. https://www.youtube.com/watch?v=99HiL4u8KC4&feature=youtu.be https://www.youtube.com/watch?v=zLzxG9Q_6sE 13 39 39