Commissions Watch Motlanthe Commission of Inquiry Report • • • • • • • • • • • • • • • 31 Jan 2019 Though the harmonised elections in July 2018 were peaceful and orderly, the country’s news media were partisan and the main political parties and their supporters were deeply polarised. Opposition parties mistrusted the Zimbabwe Electoral Commission [ZEC]. The protests against the late publication of election results were preplanned and well organised by the MDC Alliance. The demonstrations were unsanctioned in terms of section 25 of the Public Order and Security Act [POSA] as the Police had not been notified. Orders by the Police to disperse the protesters were not carried out effectively, the demonstrators would tactically disperse only to regroup elsewhere, and the Police were undermanned. Hence they were overwhelmed as the demonstrations turned into a riot. Fake, fabricated and biased news on social media contributed to the violence. Rioters forced ordinary people to join them. It cannot be ruled out that people other than the Police and Army possessed weapons. In the circumstances, deploying the Army to assist the Police was justified, though it would have been better had the Police been able to deal with the situation on their own. The Army was deployed in accordance with section 213 of the Constitution and section 37 of POSA [In a letter annexed to the Commission’s report, Vice-President Chiwenga informed the Commander of the Defence Forces that the President had authorised the deployment]. However, the troops were not placed under the command of the Police as required by POSA. [Veritas underlining] Given the threat to property and lives, the firing of warning shots in the air to disperse the rioters was proportionate. The use of live ammunition directed at people, especially when they were fleeing, was clearly unjustified and disproportionate. So was the use of sjamboks, batons and rifle butts to assault members of the public indiscriminately. [Veritas underlining] Six people died and 35 were injured as a result of Army and Police action. At least six people were injured as a result of actions by the protesters. In addition, the protesters looted, damaged and burned property. The Commission’s Recommendations

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