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  • Harassment of the General Agricultural and Plantation Workers Union of Zimbabwe
    (GAPWUZ)
    Research and Advocacy Unit
    February 24, 2010

    The Research and Advocacy Unit [RAU] wishes to protest in the strongest possible terms the harassment of our partner, GAPWUZ, and to draw attention to the interference of the Joint Operations Command [JOC] in civilian affairs.

    On Friday, 19 February 2010, the General-Secretary of GAPWUZ, Mrs Gertrude Hambira, and members of her staff were summoned to Police General Headquarters. The focus of the meeting, which was threatening and intimidatory, revolved around complaints by delegates of JOC about a documentary, The House of Justice, and the accompanying report, If Something is Wrong. Both the film and the report were produced by RAU at the request of GAPWUZ. RAU stands by both of these, based as they both are on careful research and detailed interviews. Every assertion in both the film and the report can be fully substantiated as accurate. The film and the report were publicly launched in November 2009 under auspices of the Zimbabwe Congress of Trade Unions [ZCTU]. The film and the report have hence been part of the public domain since November 2009, and copies of both were provided to all relevant government ministries.

    Apart from the unjustified, unwarranted and unlawful treatment of the General-Secretary and GAPWUZ, RAU also wishes to point out that these actions are wholly contrary to the Global Political Agreement [GPA], and Zimbabwe's Constitution. A pre-condition for the return to normal democratic life in Zimbabwe was the clear demonstration that the security forces would be brought under civilian control.

    This is strongly implied in Article XIII (State Organs and Institutions) of the GPA, and Section
    13.2(c) quite unequivocally states that laws and regulations governing state organs and institutions are strictly adhered to and those violating them be penalised without fear or favour.

    Furthermore, Section 22.5 states that, the new Government shall ensure that steps are taken to make the security forces conversant with the Constitution of Zimbabwe and other laws of Zimbabwe including laws relating to public order and security.

    This is given effect in Constitutional Amendment 19, in Section 10, dealing with the setting up of a National Security Council. Here it was stated that, without delay, the Inclusive Government shall set up a National Security Council responsible for overseeing and directing the operations and activities of the Defence Forces, the Police Force and any intelligence service of the Government, whether that service falls within or outside the Defence Forces or the Police Force.

    This was finally formalised in Zimbabwe law by Act of Parliament on 9 February 2010 with the passing of the National Security Council Act. The continued operation of JOC and interference by military personnel in civilian issues beyond their jurisdiction, manifested in the harassment and intimidation of Ms Hambira, is unacceptable and more a hallmark of military rule rather than the democratic governance and rule of law to which the GPA and most Zimbabwean aspire.

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