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Second day in cells for activists as police hands remain tied
Crisis in Zimbabwe Coalition
November 20, 2003

Crisis in Zimbabwe Coalition is outraged at the continued detention of its Chairperson, Professor Brian Raftopoulos, Vice-chairperson, Ms. Jana Ncube, Coordinator, Dr. John Makumbe, Chairperson of the NCA, Dr. Lovemore Madhuku, Chairperson of Harare Residence Association, Mr. Mike Davies, NCA activist Tabitha Khumalo, Zimbabwe Congress of Trade Unions officials such as Wellington Chibhebhe, Lovemore Matombo, Lucia Matibenga, Raymond Majongwe and scores of others from around Zimbabwe.

Crisis condemns the heavy handed and illegal police reaction to the nationwide strike called by the Zimbabwe Congress of Trade Unions (ZCTU) and supported by other non-governmental organisations such as Crisis in Zimbabwe Coalition, National Constitutional Assembly (NCA), Combined Harare Residence Association (CHRA) and others. It is indisputable that through the Public Order and Security Act, (POSA) the Zimbabwe government criminalizes the free exercise of the freedoms of association and expression enshrined in the Zimbabwean Constitution. Instead of upholding the Constitution and affording all Zimbabweans protection of the law by allowing demonstrators to freely express themselves, the police prohibit and brutally suppress all forms of dissent.

The police has now formally charged those arrested in Harare with violating sections of POSA, i.e. organising an unlawful demonstration and hindering the free flow of traffic. Even under the unconstitutional POSA, professional bodies such as the ZCTU do not need to give notice to the police of their intention to engage in a mass demonstration of their members. The demonstration could not, therefore, be said to be unlawful.

In what part of the world will demonstrators march without hindering the free flow of traffic? It is absurd and not justifiable in a democratic society that persons are prevented from expressing themselves on the frivolous ground that they will obstruct traffic. It is not the duty of the police to ban and arrest demonstrators but to ensure that demonstrators' rights to march are balanced with the rights of motorists and other persons.

It also transpires that the Attorney General's Office has declined to prosecute the detainees on the charges preferred on the basis that they are inappropriate. The police apparently now seek to change the charge to one under the Miscellaneous Offences Act, on a charge of breaching the peace. The desperate acts reflect desperation on the part of the police.

Contrary to claims that there is rule of law and that Zimbabwe must be readmitted into the Commonwealth because it has no case to answer, the illegal arrest and detention of civic society leaders by a now politically compromised police force illustrates that Zimbabwe is now a totalitarian state in which all manner of dissent is criminalized.

Crisis Coalition believes in the redress of the above-mentioned anomalies and is demanding the immediate release of all these activists and a repeal of repressive legislation NOW!

Visit the Crisis in Zimbabwe Coalition fact sheet

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