Commissions Watch Motlanthe Commission of Inquiry Report
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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