Zimbabwe Human Rights NGO Forum Special Report
Enforcing the Rule of Law in Zimbabwe
assaulted in full view of the police.1 Even though justice minister Patrick Chinamasa confirmed
to Parliament that remand prisoners are entitled to their own food and clothing, Chief
Superintendent Naison Chinyan’anya (OC Makonde) and Chief Superintendent Jefnos
Tawengwa (Chinhoyi) were reportedly suspended for allowing the remanded Chinhoyi farmers
their own clothes and later new prison uniforms. They were reported to be facing charges under
the Police Act for upholding the rights of remand prisoners.2 This violation of the rule of law is
arguably more disturbing than those affecting the detained farmers.
However, the police have evicted ‘squatters’ with ‘political motives’ thought not to support
Government. Most notable were those who invaded former ZAPU properties seized by the State
in the early 1980s, and the members of Inqama, a movement to restore Mzilikazi’s original
capital on what is now the state-owned national park of Matopos Rhodes Estate. Inqama, who
since 1996 had recurrently protested the loss of their sacred land on which Mzilikazi is interred,
were forcibly evicted on 25 August 2001.3
In September 2000 the police raided - without search warrants - all MDC Harare offices, the
home of its youngest MP Tafadzwa Musekiwa, and the offices of the Combined Harare
Residents’ and Ratepayers’ Association. They removed material, including computerised records,
despite a court order from Justice Chidyausiku declaring this action illegal. The police actions
were described by one editor as carrying out ‘“security operations” which are nothing short of
naked State terrorism’4 and by another as
‘resembling crude thugs more than officers of a respectable police force ... smashing their way
in... What is taking place now is more than madness. It is just total anarchy.’5
‘In our opinion, Zimbabwe has one of the most barbaric, morally decadent, corrupt, and
disreputable police and armed forces who shamelessly allow themselves to be manipulated by
politicians. The few who have attempted to be professional have either been hounded out of
the police force or resigned themselves to the system under which they operate.’6
The latter view is understandable, coming as it did from Mark Chavunduka. A year after Chief
Justice Anthony Gubbay had ordered an enquiry into the January 1999 torture of The Standard’s
Chavunduka and Ray Choto, no identification parade had been held, no arrests had been made,
nor any charges preferred.
Two newspapers (The Daily News and The Zimbabwe Mirror) reported even more serious police
abrogation of the rule of law - their involvement in the August 2001 looting of commercial farms
in the Mhangura area. The police admitted that their vehicles had been carrying looted property,
but said that they had recovered it from looters and were transferring it to the police station. Both
papers’ senior staff were arrested, questioned and threatened with charges of criminal defamation
and/or publishing subversive material.7 It is not clear whether these initial charges also covered
the Daily News’ later report which named Sergeant Muwadzuri (‘a staunch Zanu-PF supporter’
said to be attached to ZRP Internal Security Intelligence who urged others to loot) and ‘Cde
Maguvaza’ (‘a Zanu-PF activist’) as ‘feasting on the meat of the biggest bull and drinking beer in
1
The Herald 25.8.01.
The Daily News 28.8.01.
3
The Sunday Mail 26.8.01; The Daily News 30.8.01.
4 The Daily News 19.9.00.
5 The Standard 17.9.00.
6
The Standard 26.9.01.
7
The Zimbabwe Mirror 17.8.01; The Herald 22.8.01; The Daily News 14, 23.8.01, 7.9.01.
2
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