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Update on state harassment and intimidation of human rights defenders connected to "Voice of the People"
Zimbabwe Lawyers for Human Rights (ZLHR)
December 21, 2005

Zimbabwe Lawyers for Human Rights (ZLHR) wishes to bring public attention to the continued plight of human rights defenders (hrds) connected to Voice of the People (VOP) and an update on the current state of the matter.

On 15 December 2005 at around 16h00 members of the Zimbabwe Republic Police (ZRP) led by DETECTIVE ASSISTANT MUKWAIRA and DETECTIVE INSPECTOR MANGWIRO, acting on the instructions of a SUPERINTENDENT TAVAZIVA and accompanied by around nine unidentified police details, descended upon the offices of VOP armed with a search warrant for the search and seizure of "radio broadcasting communication equipment and its associated accessories to include: computer hardware, software and any documents related to the activities of the radio station". These were suspected to have been used in the commission of an unspecified offence. The ZRP officers were accompanied by persons allegedly in the employ of Zimbabwe Broadcasting Holdings, as well as officials from the Office of the President.

After collecting a comprehensive list of equipment, computers, and documents which fell far wide of the items set out in the search warrant, DETECTIVE INSPECTOR MANGWIRO announced that three women VOP personnel present in the VOP offices throughout the search would be taken to the police station with them. The women were MARIA NYANYIWA, NYASHA BOSHA and KUNDAI MUGWANDA. They were not advised of the commission of any offence, as is required by law, but were merely informed that they were required to attend at Harare Central Police Station and remain there pending further instructions from his superiors.

At Harare Central Police Station, Law and Order Section, the Officer in Charge, one DETECTIVE INSPECTOR MAVUNDA, again failed to clarify the alleged offences committed by the women hrds, but instead advised the legal practitioners that the women hrds would not be released until their Director, JOHN MASUKU, presented himself at the police station. It was apparent that the women’s arrest and detention was unlawful, as they were being held to ransom in order to secure the attendance of their superior.

An urgent chamber application was filed with the High Court on 16 December 2005 to secure the release of the three women hrds from unlawful detention. Unfortunately, the matter was allocated to Justice Mavhangira who, at the time, was out of Harare on circuit, thus defeating the object of ensuring that a Duty Judge is present at all times to ensure that urgent matters can be heard and access to justice can be achieved. The lawyers representing the three women hrds were also subjected to unnecessary, unprocedural and unlawful barriers by administrative officials at the gates of the High Court, who impeded them in their lawful duties as officers of the court and ensured that the women hrds were denied their constitutional right to a speedy hearing and an effective remedy. As a result of this unlawful action, the women were forced to spend the entire weekend in custody in conditions amounting to cruel, inhuman and degrading treatment or punishment.

Back at the police station the lawyers were informed on Monday 19 December 2005 that the women were to be charged under section 28(1) of the Broadcasting Services Act (an interpretive provision which does not even disclose an offence). This was later changed to section 27 of the same Act. Section 27 reads as follows:  

(2)  Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding one million dollars or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

(3)  In addition to any punishment it may impose under subsection (2) and without derogation from its powers under any enactment, a court convicting a person of contravening subsection (1) shall declare forfeited to the State any equipment or apparatus used for the purpose of or in connection with the offence.

In a further indication that the arrests and detention were unlawful, the office of the Attorney General refused to prosecute the women, stating that they had not committed an offence. They were released the same day, having been kept in unlawful detention for a period in excess of the stipulated statutory time period of 48 hours.

On Monday 19 December 2005 lawyers representing JOHN MASUKU, the Director of VOP, and DAVID MASUNDA, the Chairperson of VOP, attended Harare Central police station, Law and Order Section, with their clients. The Officer in Charge, (DETECTIVE INSPECTOR MAVUNDA) had indicated that they were likely to be charged under section 27 of the Broadcasting Services Act. He ordered the lawyers and their clients to attend once again at the VOP offices for a further search and seizure of any property deemed necessary for investigations. This was despite the existence of a valid search warrant.

After searching and seizing property, Mr Masunda was advised that he could leave, but Mr Masuku was immediately arrested and remains in custody to date. Although he has been charged and has signed a warned and cautioned statement, the police at the Law and Order section continue to detain him and have failed to bring him before a magistrate to be formally charged within the stipulated time period, as is required by law. An urgent chamber application has been prepared in order to pre-empt the possibility that he, too, like the three women hrds, will be over-detained.

The lawyers were further informed in the morning of Wednesday 21 December 2005 that Mr Masuku will not be released until such time as all the trustees of VOP turn themselves in at Harare Central Police Station. Once again, the police are holding an individual to ransom in order to secure the attendance of further individuals without an offence having been disclosed. The trustees of VOP include DAVID MASUNDA, ARNOLD TSUNGA, LAWRENCE CHIBWE and MATTHEW TAKAONA.

It is clear that this entire matter has been pursued in a manner which is unprocedural, unlawful and unconstitutional. All persons connected with VOP have been and continue to be continuously unnecessarily harassed by state authorities and their rights have been blatantly violated. The police have arrested first, in order to investigate, instead of investigating any alleged illegalities and then acting to arrest the suspects, in total disregard of the rights of individuals to be presumed innocent until proven guilty. The fact that the Attorney General declined to prosecute is proof positive that this matter and all the actions taken by the authorities have been for the purposes of harassment and intimidation of hrds, rather than because an offence has taken place. It is further apparent that the timing of these incidents has been well thought-out to coincide with the festive season and to take advantage of the public holidays in an attempt to prolong the detention of the individuals to unlawfully extract information, possibly through the use of torture and/or other forms of cruel, inhuman and degrading treatment and punishment.

ZLHR will keep all stakeholders and interested persons updated as to the progress of the matter.  

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