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Political Violence Report November 2003 - Overview
Zimbabwe Human Rights NGO Forum
January 16, 2004

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Overview
The Kadoma Central (MIDLANDS PROVINCE) by-election was held from 29-30 November 2003. Election agents, party supporters and the electorate were subject to violence and intimidation as a political tool. The prospects for a free and fair electoral environment had already been dampened by violence that prevailed in the area prior to the election and the surrounded the holding of Nomination Court in October. Central by-election was characterized by the infringement of the right freedom of association, expression and movement, with several reports of assault, political intimidation and death threats. SM and KM claim that while campaigning for Charles Mupandawana, MDC candidate in the Kadoma Central Parliamentary by-election, they were beaten by both ZANU PF supporters and the police. SM asserts that the police accused him of having assaulted some ZANU PF supporters, that they took him to Waverly Police Station, and that they severely assaulted and then detained him in police custody for 3 days.
KM, an MDC supporter, alleges that members of the "Top Six" gang in Kadoma tied his throat with chains, undressed him, confiscated his shoes, and then dragged him to their Base in Waverly where they further assaulted him. In another incident, Kennedy Chivambe - ZANU PF Chairman for Ward 11, was reportedly stoned and injured by 2 MDC youths while having a beer at Waverly Shopping Centre. The assailants were reportedly moving around with the MDC candidate for Kadoma Constituency. In another report from Kadoma Central, FM was trailed and then attacked by ZANU PF youths because he was seen distributing fliers in a campaign for the MDC candidate Charles Mupandawana. He broke 2 ribs and his eyes were swollen for 3 days. In another incident, TZ was reportedly abducted by ZANU PF supporters, stabbed with a screwdriver on the left arm, hit with a wooden log all over the body and then kicked in the back. No reason was given for the attack.

The Government appears to have maintained its crackdown on the rights of Zimbabwean citizens to freedom of expression and movement through the gratuitous application of the Public Order and Security Act (POSA). 52 ZCTU members and leadership and civic leaders were arrested on 18 November 2003 in Harare on allegations of holding a demonstration without notifying the police. Those arrested were demonstrating over issues that include human and trade union rights, high taxation, high cost of living and the alleged mismanagement of the economy by the Zimbabwean Government. The group was taken to court on 20 November 2003 where they were eventually released. The four members of the ZCTU leadership, Wellington Chibhebhe, Lucia Matibenga, Elias Mlotshwa, and Lovemore Matombo were charged with contravening the Miscellaneous Offences Act and the Public Order and Security Act, on alternate charges of breaching the peace and holding a banned gathering, respectively. The four were granted $20 000.00 bail each and ordered to appear in Court the following morning. The remaining 48 were charged with holding a gathering without notification to the police and were released on free bail and also instructed to report to Court the following morning. The State subsequently withdrew all the charges against the 52 before plea for lack of evidence.. The charges against those arrested were changed several times and subsequently withdrawn suggests that the police carried out the arrests in the absence of reasonable suspicion that an offence had been committed by any of the 52 persons. The Human Rights Forum therefore condemns the unlawful arrests that were seemingly used to harass citizens. We reiterate prior calls that the police desist arresting first and then investigating later.

In Budiriro (HARARE PROVINCE), Konstanteno Ngandu, a pastor and a resident of Budiriro, claims that a group of youths in MDC T-shirts attacked him and his family with sticks and stones, damaging his car windows and stealing his mobile phone. In the same area, MDC youths arrived at a shopping centre singing and chanting MDC slogans. They reportedly entered a bar at the shops and forced the patrons to chant the MDC slogans. One of the patrons claims that when he refused, he was assaulted.

Marondera (MASHONALAND EAST PROVINCE) MDC Ward leader, GC, was allegedly chased from home and had his house burnt by ZANU PF supporters. In another incident, George, a ZANU PF supporter, reportedly assaulted his cousin FH, when he did not find her brother Alfred at home. George is said to have accused her of being an MDC supporter because her brother Alfred was also an MDC supporter. DN, Marondera West Ward 16 Councillor candidate, alleges that ZANU PF supporters approached him and forced him to withdraw his candidature. He fled to Chitungwiza.

Incidents of political violence continue to be reported from various parts of the country. The Zimbabwe Human Rights NGO Forum continues to condemn organised violence and torture in all its forms. Of major concern is the continued reportage of violence surrounding elections in the country. The Human Rights Forum calls upon the Government in partnership with its citizens to cultivate a violence-free society.

Totals 1 November 2003 - 30 November 2003

Sources: The information contained in the monthly violence reports is derived from statements made to the Legal Unit of the Zimbabwe Human Rights Forum, CFU reports, newspaper reports, and statements taken by the member organisations of the Human Rights Forum.

Note to the tables

Torture:
All cases of torture fall under the definition of torture according to the general definition given in the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman and Degrading Treatment and Punishment.

The four elements of torture are:

1. Severe pain and suffering, whether physical or mental
2. Intentionally inflicted
3. With a purpose
4. By a state official or another individual acting with the acquiescence of the State.

Those individuals referred to in point # 4 include the ZRP, ZNA, ZPS and the ZNLWVA (as a reserve force of the ZNA) and by any other grouping when directly sanctioned by the state.

Unlawful arrest and detention:

Arrest by the Zimbabwe Republic Police (ZRP) with no reasonable suspicion that an offence has been committed. Detention thereafter for a period exceeding 48 hours without access to redress through the courts or subsequent release without charge.

Abduction/kidnapping:

A kidnapping by a member(s) of an organised group that is not the ZRP organisation. political party, ZNLWVA, ZNA, MDC, Zanu PF etc

Disappearance:

Kidnapped persons whose whereabouts remained unknown at the time of reporting. Their whereabouts have still to be ascertained through follow –up reports or further investigation.

Property related

These are incidents in which property rights have been violated. This includes arson, property damage and destruction and theft.

Key Abbreviations

AIPPA - Access to Information and Protection of Privacy Act
CIO – Central Intelligence Organisation
MDC – Movement for Democratic Change
MP – Member of Parliament
NAGG - National Alliance for Good Governance
NCA – National Constitutional Assembly
OVT – Organised Violence and Torture
POSA – Public Order and Security Act
PTUZ – Progressive Teachers Union of Zimbabwe
UMP – Uzumba Maramba Pfungwe
Zanu PF – Zimbabwe African National Union Patriotic Front
ZNA – Zimbabwe National Army
ZNLWVA – Zimbabwe National Liberation War Veterans Association
ZPS - Zimbabwe Prison Service
ZRP – Zimbabwe Republic Police
ZIMTA – Zimbabwe Teachers Association
ZUPCO – Zimbabwe United Passenger Company

1 The full statement may be accessed at http://www.cosatu.org.za/press/latest.html
2 The Standard, 19 October 2003
3 see Are They Accountable? Examining alleged violators and their violations pre and post the Presidential
Election March 2002 by the Zimbabwe Human Rights NGO Forum, pp 69 & 70
4 The Standard, 2 November 2003, Police Spokesperson, Wayne Bvudzijena was quoted as saying "
5 Zimbabwe Election Support Network, The Zimbabwe Electoral Environment Post March 2002 - Any
Changes for Better or Worse?, November 2003
6 The Political Violence Report - July 2003 by the Zimbabwe Human Rights NGO Forum details similar incidents in which candidates were prevented from attending nomination and being registered as candidates due to violence and intimidation.
7 This observation was made by the Commonwealth Chairperson's Committee on Zimbabwe in the
Marlborough House Statement of 19 March 2002.

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