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Legal
Monitor Issue 103
Zimbabwe Lawyers for Human Rights (ZLHR)
July 25, 2011
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Mugabe,
biscuit remarks land guard in court
A 52-year-old
man is in trouble after allegedly telling a ZANU PF workmate that
President Robert Mugabe's death was imminent.
Zebedia Mpofu,
a general hand labourer at a private security firm, allegedly mocked
his workmate, informing him that a soft drink and packet of biscuits
he was having for lunch came courtesy of Prime Minister Morgan Tsvangirai.
He is being charged under the harsh Section 33 (1) (a) of the Criminal
Law (Codification and Reform) Act Chapter 9:23 as read with
Section 33 (2) (a) of the same Act for allegedly undermining the
authority or insulting the President.
According to
the State outline, Mpofu was at work in October last year when he
went to Gilbert Matarutse's office. Matarutse, a security
officer known to be a ZANU PF supporter, was having his lunch at
the time.
"The
accused shouted to Gilbert through the window, saying that the biscuits
and the cascade he was having were brought by MDC-T through its
leader Prime Minister Morgan Tsvangirai," reads the State
outline. "He went further to say that President Mugabe had
ruined the country and that he was going to be dead by December
2010 then Morgan Tsvangirai would take over as President of Zimbabwe."
Statements recorded
from other workmates acting as witnesses all deny hearing Mpofu
utter the alleged words. Mpofu joins dozens of other Zimbabweans,
from politicians to ordinary villagers, who are in court charged
under the Criminal Law (Codification and Reform) Act on politically-related
issues.
For example,
Chiredzi Central Member of Parliament Hon. Moses Mare, is on trial
for allegedly assaulting a minor at a funeral in Chiredzi over a
pro-Mugabe song. Hon. Mare was arrested in January last year on
allegations of contravening Section 89 (1) (a) of the Criminal Law
(Codification and Reform) Act Chapter 9:23.
Prosecutors
claim that Hon. Mare was so incensed by a 13-year-old boy's
decision to join in the singing of a Mugabe praise hymn "Nyatsoteerera
unzwe kutonga" at a funeral that he hit the juvenile on the
neck using open hands in January last year.
The MDC MP denies
the charge, which he says is fabricated. Three Chiweshe villagers,
Tinashe Chinyemba, Luckson Khumalo and Tafadzwa Chironga have been
summoned to Bindura Magistrates' Court for allegedly distorting
one of the pro-Mugabe songs by inserting Prime Minister Morgan Tsvangirai's
name into its lyrics.
The villagers
are being charged under Section 41 of the Criminal Law (Codification
and Reform) Act Chapter 9:23 for conduct likely to provoke the breach
of peace.
In Penhalonga,
Manicaland, another three residents Patrick Chikoti, Faith Mudiwa
and Phillip Dowera were in February charged under the same law for
allegedly singing a modified version of Mbare Chimurenga Choir's
"Nyatsoteerera unzwe kutonga" song at a funeral.
The residents
were accused of having sung: "Nyatsoterera unzwe kupenga muhofisi
mune mboko nyatsoterera unzwe kupenga' and 'Ngatishandei
nesimba takabatana tibvise kamudhara aka muoffice mupinde president
wenyika Morgan Tsvangirai (Listen carefully to the madman and idiot
in the office. Let's work hard to remove this old man from
office and install Tsvangirai)."
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