7
government policies are stated by the police to be “attacks” on the government14. The
meetings then qualify for inclusion as part of the “trail of violence”. The author of the ZRP
report is completely unabashed at the abuse of the criminal justice system in order to
implement this repressive policy. For example, the author, in the first report, provides the
following as part of the trail of violence:
“On 6 March 2007 at 1430 hours, sixteen (16) MDC anti-senate youths demonstrated at
Cameroon Square, Kadoma.
The demonstrators were singing political songs displaying placards inscribed the following
(sic):
War veterans remember one man one vote
Free and Fair elections 2008
ZANU PF yaora
Bvisa Mugabe achembera chinja
MDC to save Zimbabwe
Mugabe must go
Chikorokoza zvacharamba Mugabe must go
Upon seeing Police officers approaching, the demonstrators dispersed but Police
managed to arrest the following…..
Accused persons were charged for (sic) contravening section 37(b) of the Criminal Law
(Codification and Reform) Act Chapter 9:23 “Participating in a gathering with intent to
provoke public violence, breaches of the peace or bigotry” (bold font in the original).
The outline of the facts and then the non sequitur of the arrest and criminal charge preferred,
seems normal and routine to the author of the ZRP reports. The fact that the essential
criminal elements which are required to constitute the offence are absent is not treated as
being of any relevance. The same non sequitur appears in most of the “criminal activities”
listed by the author, with only the charge preferred against those arrested changing –
sometimes that of causing a “criminal nuisance”15, sometimes that of “obstructing persons or
traffic”16. Unsurprisingly, there is never an attempt to link the charge with the facts, as the
facts in these cases do not constitute an offence. Also, rather tellingly, the charges are not
formulated under POSA, indicating that the ZRP is aware that, although they often purport to
act in terms of this legislation, charges under that Act have been thrown out by the courts.
The reports thus reveal that, in the minds of numerous ZRP officers, the exercise of freedom
of expression by opposition groups is so obviously undesirable and criminal it is assumed the
reader will, like the police officers in question, regard the actual criminal charge preferred as
a mere legal detail. Neither the fact that the activity in question may not be unlawful and
14
See for example pp 8 et seq of the second report.
Section 46 of the Criminal Law (Codification and Reform) Act.
16
Section 38 of the Criminal Law (Codification and Reform) Act.
15