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Statement
regarding the Presidential Powers Regulations published on 13th February
2004
David
Coltart MP, Secretary for Legal Affairs, Movement For Democratic Change
(MDC)
February 17, 2004
You can email David
Coltart at coltart@mweb.co.zw
We have
now had an opportunity to read the full text of the Presidential Powers
Regulations and note that this is yet another example of the chicanery
of the Mugabe regime. In the Government controlled press the propaganda
line taken to justify these draconian and unconstitutional regulations
is that they are needed to combat economic crimes such as corruption and
money laundering. Indeed the "explanatory note" to the regulations
establishes this subterfuge as it reads as follows:
"EXPLANATORY
NOTE
(This
note does not form part of the regulations, but merely explains their
contents)
The
amendment to the Criminal Procedure and Evidence Act effected by these
regulations is intended to facilitate the investigation and prosecution
of crimes affecting the economic interests of Zimbabwe, such as corruption,
the laundering of the proceeds of crime, the externalisation of foreign
currency (whether directly or through transfer pricing), the smuggling
of gold and precious stones and the illegal export of agricultural products
controlled under the Grain Marketing Act [Chapter 18:14]."
The regime clearly
thinks they can deceive the public by sweetening the regulations with
the explanation that they are designed to combat corruption. There is
an understanding within the leadership of the regime that the public is
so angry about the flagrant acts of corruption committed by the ZANU (PF)
elite and their supporters that the public would tolerate such appalling
provisions that violate fundamental constitutional rights if disguised
as an attempt to combat corruption. But these regulations are nothing
less than a Trojan horse which effectively usher in provisions that give
the regime State of Emergency powers without actually declaring a State
of Emergency.
This is so because
of the effect of section 2 of the regulations as read with section 10
of the Third Schedule of the Criminal Procedure and Evidence Act. These
provisions apply these regulations not only to "economic crimes"
(as the propaganda would have us believe) but to none other than the Public
Order and Security Act (POSA)! Section 10 of the Third Schedule reads
as follows:
"Contravening
section 5, 6, 7, 8, 9, 10 or 11 of the Public Order and Security Act [Chapter
11:17]."
Section 5 of POSA
is the provision used to detain most of the MDC leadership over the last
year and indeed today in Bulawayo several MDC members are in court facing
spurious allegations of contravening this section which reads:
"5 Subverting
constitutional government
(1) In this section-
'coercing'
means constraining, compelling or restraining by-
(a)physical
force or violence or, if accompanied by physical force or violence or
the threat thereof, boycott, civil disobedience or resistance to any
law, whether such resistance is active or passive; or
(b)threats
to apply or employ any of the means described in paragraph (a);
'unconstitutional
means' means any process which is not a process provided for in the
Constitution and the law.
(2) Any person who,
whether inside or outside Zimbabwe-
(a)organises
or sets up or advocates, urges or suggests the organisation or setting
up of, any group or body with a view to that group or body-
(i)overthrowing
or attempting to overthrow the Government by unconstitutional means;
or
(ii)taking
over or attempting to take over Government by unconstitutional means
or usurping the functions of the Government; or
(iii)coercing
or attempting to coerce the Government;
or
(b)supports
or assists any group or body in doing or attempting to do any of the
things described in subparagraphs (i), (ii) or (iii) of paragraph (a);
shall be guilty
of an offence and liable to imprisonment for a period not exceeding
twenty years without the option of a fine."
The intention of the
regime is clear. They understand that the region and South Africa cannot
afford a declaration of a State of Emergency, which the regime desperately
needs to facilitate detention-without-trial-provisions last used by the
Smith regime and the Mugabe regime during the Gukurahundi period. So now
under the guise of combating corruption the regime has introduced 30 day
detention provisions which will undoubtedly be used preventatively, and/or
punitively, to detain those who promote peaceful and non violent methods
of civil disobedience. Furthermore given this regime’s predilection for
torturing its opponents whilst they are in police custody there is equally
no doubt that these provisions will be used to torture opponents more
effectively and, more importantly, to prevent those tortured from receiving
timeous medical attention.
All of this begs the
question – what does the application of these Presidential Powers Regulations
to section 5 of POSA have to do with "prosecuting crimes affecting
the economic interests of Zimbabwe such as corruption"? Of course
it has nothing whatsoever to do with combating corruption. The irony is
that these regulations will be used against the very people who are protesting
against corruption which is now endemic within the regime.
This appears to be
yet another fruit of "quiet diplomacy".
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