Zimbabwe Human Rights NGO Forum Special Report Enforcing the Rule of Law in Zimbabwe Regarding their assaults, the profligate use of police teargas even in situations when it is not appropriate, has led to multiple deaths at a number of football matches. Virtually repeating a similar incident in 1998, in which five people died, on Sunday 9 July 2000 the police fired teargas into 50 000 soccer fans at the National Sports Stadium. As fans headed for the exits, more teargas was fired into these restricted areas by police outside the stadium. Thirteen people died, including two young boys and two students. Five fans were seriously injured among over 40 treated in hospital. A hastily-convened internal four-man ZRP enquiry, augmented by John Fashanu, shared the blame with other organisations but did not release their report. Five police officers whose indictment on culpable homicide charges was thought ‘possible’ were not named, nor were there any reports of their indictment. The Zimbabwe Human Rights NGO Forum assisted the bereaved families to seek redress from the Minister of Home Affairs and police commissioner using class action. Individuals also sued privately. The South African Defence Minister was reported as saying that the Zimbabwean Government had threatened to use live ammunition in crowd control if the South Africans refused to deliver teargas ordered.1 Since armed police have been responsible for shooting at least 22 individuals, including children, over the past two years, threats to use live ammunition on demonstrating people must be taken extremely seriously. Both demonstrating students and striking workers have been shot dead in the past two years, together with the nine who died earlier in the January 1998 ‘food riots’. In the October 2000 food riots, people were reportedly assaulted in their high-density homes by police. Those assaulted included MP Justin Mutendadzamera (MDC, Mabvuku) and his wife. Some 200 complaints of police assault were laid. Regarding the second problem, all major political parties have levelled accusations of partisan policing. In the run-up to the June 2000 elections, the United Parties alleged that the police cancelled half a dozen of their rural meetings, or allowed Zanu-PF youth to break them up without arrest or prosecution. MP Joram Gumbo (Zanu-PF, Mberengwa West), accused the Criminal Investigation Department of ‘brutality’ in their investigations of political violence in Mberengwa district. He alleged some arrested Zanu-PF members had been severely assaulted to force confessions.2 However, the vast majority of complaints about partisan policing have come from the MDC. The MDC provincial chairman, Tapera Macheka, was quoted as saying that the Mashonaland Central police ‘are reluctant to do their job’ and it had been necessary to obtain a court order on 14 August 2001 to compel the police to escort MDC victims of political violence back to their homes in the province.3 In neighbouring Mashonaland East, during the Makoni West by-election campaigning, MDC witnesses averred that police had watched while one of their number was badly assaulted and had apparently had an arm broken.4 In Bulawayo, ahead of the mayoral and council elections, the MDC’s provincial information secretary, Albert Gumbo, criticised the police for ‘applying the law selectively’, in their usual pattern of arresting MDC supporters involved in violence while failing to act against the Zanu-PF people involved.5 During polling in 1 The Zimbabwe Independent 27.10.00. The Herald 2.9.00. The Herald 2.9.00. 3 The Zimbabwe Independent 24.8.01. 4 The Financial Gazette 6.9.01. 5 The Daily News 4.9.01. 2 30

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