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Maguwu's continued incarceration a political ploy
Crisis in Zimbabwe Coalition
July 06, 2010

It is more than one month since the Centre for Research and Development (CRD) Director, Mr. Farai Maguwu handed himself over to the Mutare Police where he was arrested for allegedly communicating and publishing falsehoods in contravention of Section 31 of the Criminal Law (Codification and Reform) Act. On the 2nd of July 2010, Maguwu appeared for the second time since his incarceration before Harare Magistrate, Donald Ndirowei seeking his freedom. And for the second time, the Magistrate denied Maguwu his freedom on the basis that the state needs to continue with investigations. Evidently, the Magistrate failed to take into account the fact that the previous day, during cross examination of the arresting officer, Detective Inspector Dowa, it emerged that the state's investigations are yielding no fruit.

Since his incarceration, Maguwu has raised complaints over the state's continued deprivation of his rights. According to his lawyers, the rights activist has been denied access to adequate medication and medical examination, been unlawfully moved from Harare Remand Prison to the notorious Matapi Police station in Mbare and complained over attempts by the state to impede on his rights to remain silent and to access legal representation. The police are deliberately stalling investigations directly impacting on Maguwu's right to liberty as enshrined in the Zimbabwean constitution and regional and international statutes including the African Charter on Human and People's Rights.

It seems the state, through the courts and police force are deliberately stalling progress in Maguwu's case to use him as an example of the fate which awaits any citizen who dares to question or seek to expose the looting of diamonds in Chiadzwa and the horrendous human rights abuses attached to it. Maguwu's crime is not that he 'communicated or published falsehoods' but that he dared to challenge the one source of power which ZANU PF still possesses, the Marange diamonds.

The 13th February 2010 signalled the birth of the inclusive government which, among other things resulted in the control of the Finance Ministry by the Movement for Democratic Change (MDC), normalisation of Zimbabwe's multi-currency regime, stabilisation of the economy and the clipping of the Reserve Bank of Zimbabwe (RBZ) Governor, Dr. Gideon Gono's wings. Dr. Gono's reign was marked by the impetuous printing of the Zimbabwean dollar by the RBZ to finance ZANU PF's clandestine activities.

Consequently, ZANU PF finds itself in a catch 22 situation where the biggest source of resources, the RBZ, is operating under a strict Finance Minister forcing the political party to resort to the only source of income, the looting of precious minerals. Corruption and looting are nurtured by a chaotic environment. As long as there is no transparent mining of the precious mineral, ZANU PF will continue looting and using this loot to fuel political violence.

Instead of concentrating on building the economy and providing the much-needed social amenities including education and health, ZANU PF stalwarts are falling on each other to strip the country of the much needed resources. The venomous reaction to Maguwu's report and the contributions of civil society organisations to the Kimberley Process, by ZANU PF and its functionaries is a clear sign of the extent to which the political party will go in order to 'protect' its interests.

While most would argue that there is need to allow the courts to decide on whether the CRD Director is guilty or not, it is clear that ZANU PF, which retains control of the judiciary, military, intelligence and police force, is using the courts for political leverage. This is definitely not a first for ZANU PF as it has, in the past, used the judiciary to achieve political ends. A case in point was the persecution of Roy Bennett for more than a year charged with alleged sabotage, insurgency and banditry which charges were later dropped by the High Court for lack of evidence. Zimbabwe Peace Project (ZPP) Director, Jestina Mukoko also spent more than 70 days in police custody facing similar charges although the Supreme Court later ruled that her abduction and torture were unlawful and as such, her trial never kicked off. There are numerous other cases of the persecution of ZANU PF's perceived opponents by the very courts which are supposed to protect them.

When the inclusive government came into force, promises were made of institutional reforms which would cleanse institutions of the political rot inculcated by the then ruling ZANU PF party. Yet, one year and five months later, the same stench of bigotry and corruption which manifested itself during the ZANU PF era still defiles the corridors of the judicial chambers. There is need for the inclusive government to conduct an exorcism of party politics from the courts to allow for fair trial of every citizen, regardless of their political affiliation or position in society. There is also need for the same government to ensure that diamonds in Chiadzwa are extracted, not to benefit the political elites but to also benefit ordinary Zimbabweans.

Mindful of the foregoing, the Crisis Coalition calls for the immediate release of Farai Maguwu as his arrest and detention is based on frivolous and vexatious accusations bent of subjugating his fundamental rights. The Coalition calls on the Ministers of Justice and Home Affairs to ensure the Attorney General's office and the police carry their duties in a professional and non partisan manner.

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