majority having applications for their remand refused at the remand hearing. There is no data on
the outcome for those who had their remand refused, and thus it is not possible to determine
how many persons have been subsequently discharged or convicted from this sub-group.
Chitungwiza
The data from Chitungwiza shows a more complete picture. Data were obtained on a total of
681 cases, and, as can be seen from Table 4 below, the picture is very different from the Harare
Magistrate’s Court.
Table 4
Legal consequences for Food Riots cases in Chitungwiza
[n=681]
Withdrawn
before plea
Withdrawn
after plea
Wholly
suspende
d
sentence
Fine
d
Imprisoned
Community
service
Cuts
Othe
r
310
185
19
0
113
4
33
17
45.5%
27.2%
2.8%
0
16.6%
0.6%
4.9%
1.03
%
Firstly, there is a complete absence of information on whether remand was refused for those
charged. This would tie in with the press reports of large numbers of persons being brought
swiftly before Magistrates in Chitungwiza. Secondly, the state withdrew cases or had cases
dismissed against the overwhelming majority (73%) of the cases, so that the arrests were not
sustainable on the evidence produced by the ZRP.
Thirdly, there were a very high number of persons given custodial sentences (17%), and this is
of great concern if these sentences were given on the basis of warned and cautioned
statements produced under duress. This deserves review at the soonest possible date. It is
distressing to see that no-one was given the option of a fine, or at least no-one was able to take
advantage of this option if it was offered. Fourthly, the number of persons given cuts were all
juveniles.
No breakdown was available for the areas of Chitungwiza involved, so the data cannot reflect
any distribution for these cases.
Conclusions
The data from the courts does not support the impression given by ZRP spokesmen to the
press at the time, nor does it conform to the report issued by ZRP Police General Headquarters.
There clearly are not large numbers of “looters” or people being convicted of violence: over
70% of the persons arrested could not be convicted on the available evidence before the
courts. The investigations by the ZRP were unable to support credible charges and resulted in
very few convictions. It may also be that many of those arrested were arrested by the army, and
unsurprisingly, the soldiers of the ZNA were unable to formulate proper charges or carry out
proper police duties. This is not to say that there was no theft, looting or public violence, merely
that the police work was inadequate to support many charges. The data also supports the
notion of “drag-net” arrests, which were alleged by many, and this is of great concern when
there are credible allegations of widespread torture and ill-treatment for those detained (see
case below).
Select target paragraph3
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