Eric Matinenga – MDC MP for Buhera South Constituency
When a regiment of the army unleashed violence in Buhera against MDC supporters,
Eric Matinenga took the Zimbabwe National Army to court and secured a provisional
high court order directing the army to cease all violence and confine their work to
their constitutional mandate of protecting civilians.28 The police then arrested
Matinenga on May 31, 2008 on charges of public violence. He was detained for 72
hours without being brought before a court of law, in violation of Zimbabwe’s laws,
which require an accused to be brought before a court within 48 hours of arrest.
Matinenga’s lawyers challenged his continued arrest as unlawful, contending that
his arrest was politically motivated and a form of persecution and retribution
because he had taken the army to court.
On June 5, after Matinenga had spent four days in custody, the court ruled that there
were no grounds for placing Matinenga on remand since facts presented before the
court by the police failed to disclose any offense. He was released only to be rearrested on June 7, but now on a charge of inciting public violence. On June 8 his
lawyers made an urgent High Court application to have Matinenga released. The
order was issued but the police defied the court order. Matinenga was only released
on June 24 under stringent bail conditions requiring him to report daily to the
Rhodesville police station in Harare. Matinenga is due back in court in on August 18,
2008. His lawyer, Trust Maanda of the Zimbabwe Lawyers for Human Rights, told
Human Rights Watch:
This is a clear case of persecution of Advocate Matinenga, which is by
no means unique to him. Many MDC leaders are facing similar
persecution of being arrested and detained on fabricated charges and
hauled before courts to go through lengthy, costly and utterly
meaningless trials. In the case of Eric Matinenga l noticed that the
police were working in cahoots with the army and were actually
receiving instructions from the army on the arrest of Matinenga and
what charges to prefer against him.29
28
Case no: HC2624/08, May 19, 2008, on file with Human Rights Watch.
29
Human Rights Watch telephone interview with Trust Maanda, London, August 6, 2008.
15
Human Rights Watch August 2008
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