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Arrested at Town House - or was I?
Councillor Michael Laban
February 02, 2003

On Wednesday January 29, I set off to the Mayor of Harare's meeting with the residents at Town House. When I got to Town House just before 1300, I found police had cordoned off the whole Town House area, with police pickets all around the fence. The Mayor and others were standing out on the steps in front of Town Hall.

I went past the police, who demanded my identification as a Councillor but did not get any (since I do not have any) and went up to see the Mayor etc. The Mayor said the people must come in. They should climb over the fence if necessary. I went down to the other gate to see if it could be opened. I had many conversations with the police as I moved back and forth, along the lines of them saying the meeting was cancelled, me saying the Mayor has not cancelled the meeting, and since it was his meeting, he was the one to say whether it was cancelled or not.

I climbed over the fence several times and encouraged others to join me, but none did. Police had told them not to even lean on the fence. I told them it was the City's fence and they could climb it if they wished, and the police had no cause to tell them what to do regarding city property (which is the resident's property).

Some people asked me to get the Mayor down to the fence and address them from there, so I went back up to find him. By then the Mayor had gone inside.

I went back to the main gate and told the police to go away. We had more words, and the one grabbed hold of me. I asked if I was being arrested, and on what charge, but received no reply. Mike Davies (of CHRA) also asked if I was being arrested, and on what charge, and they did not respond to him either. I asked for identification, and pointed out that none had their force numbers on. They all failed to identify themselves, to myself or Mike Davies, who asked the same questions. So I resisted any attempt to put handcuffs on me, throwing one pair away. Eventually, 5 police put two pairs of cuffs on me. They then fired tear gas into the street, and put me into the back of the Land Rover. After 5 minutes of deliberation, four police climbed in the back with me and three into the front, and we went downtown. The one police officer kept the loaded tear gas gun ready at all times with his finger on the trigger - even after we had been in the charge office for half an hour.

In the charge office, they took my name, age, ID number, and address. I was then taken to the cells, and finally a woman police officer came up and told me I was charged with two counts of assault and one count of resisting arrest. I did not point out then that no one had yet told me I was under arrest, and to date I have still never been told. So I guess you have to figure these things out for yourself!

In the cells, you are first booked in at the desk and given a small 6 cm square of paper with your name and numbers on it. Do not lose this paper, it is your id. Then you are sent through to the back room where they take your possessions into safe keeping. There is a small bag for valuables, which are kept in a safe, and a larger bag for everything else, which hangs on numbered pegs on the wall. Shoes, socks, belt, wallet, amount of money and everything else are noted on the slip of paper and in their books. You are searched and left with pants,
underwear and shirt. No pens, no cigarettes, no written material, no food, nothing else goes to the cells with you. Eventually when the batch of prisoners is big enough, they take you along to the cells.

Upstairs I was advised to turn my shirt inside out. I was told this by another prisoner, and when I asked why, was told it kept the little red things from biting you. I asked how it did that and was told he had no idea, but everyone else was doing it, Avoid the blankets in the cells, they have a bad insect problem, but there are also mats to sleep on - a 5 mm thick cotton thing, and they are just dirty. With enough people in the cell, there is no need for blankets anyway, but there might also not be enough mats. The cells have a toilet in them, which is a metal bowl set in a concrete bench, and can be flushed from outside the cell or by turning on the tap which is above and flows into the toilet. From the tap comes Harare tap water, so I had no difficulty drinking it.

Around 1800 to 1900 (there are no watches inside, and no clocks to look at) the guards will call for people to come down. That is if someone has brought you food (thanks for the food). If no one brings you food, you will have nothing to eat, because no food is provided that I could see. If you are lucky, you may also see the person who brought you food, but you are not allowed to talk to them. Sometimes it seems to happen though. Your spare food you can put back in your bag in the lock up room, or just give to everyone else there (police included) who will be very grateful for it.

In the evening, you may get moved to other cells, and then later again taken out for counting, or inspections, or whatever. Almost all commands were given in Shona, so I spent a great deal of time being confused, and sometimes just following along with everyone else.

In the morning, if someone has brought you food (I am guessing before 0630) you will be called down to eat it, and then everyone will be brought down to the admin area where we sit on the floors in corridors. From there, some are taken to court, some are collected by police to assist with investigations, write up dockets, give evidence, etc. etc. Those with nothing to do will sit on a floor in a corridor all morning, until lunch, when it is food for those who have it,
and then back to the cells for the afternoon.

Thursday morning I was taken up to CID Law and Order where I met my lawyer and the policeman who prepared the docket. After a hurried discussion I was given the words for how to plea (I denied all charges and put the state to prove thereof), the charges were reduced to two counts of assault (but I still did not know who the second victim of my assaults could be) and I was told by lawyer and police that I would be taken to court to appear at 1415.

Sitting back downstairs, and then back to the cells, I watched the light disappear (very small windows so you can see if it is day or night but that is all) and realised that I was not going to court that day. My lawyer, in court, also discovered this while he waited and I did not appear.

So after another night in the cells, but after more food from friends in the evening which bought me scores more friends, we were all taken downstairs again, and Friday morning I was lined up to go off to the Magistrates court. We were given all our goods back from the two bags, signed out (my spare sandwiches went to two MDC guys going back to Remand), then handcuffed in pairs, we were put in the back of a Land Rover and taken to Rotten Row.

Inside the main court building where administration work was done on everyone, I met more people there who had come as supporters, which was very nice. My lawyer was there and we discussed the coming sequence of events, and the complainant that I remembered was there and we had a chat.

From court administration I was taken outside and downstairs to the prisoners entrance, and handed over to the Zimbabwe Prisons Service, who did more processing and I was taken to the prisoners entrance to the court. Note what court you are in and remember it - it is the major question for any subsequent enquires about your documents.

In court we requested bail, and the Magistrate got the other complainant into the witness box. He said I punched him, and I did recall that he had actually been there, an officer in the back with one pip on. But I do not recall even making contact with him. Bail was set at $2000 and my lawyer said I had the money to pay it. I was taken back outside to sit on the steps and listen to people beg me for $1000 or so to make bail or pay fines and tell me their stories and how they had been framed or their dire circumstances (which were certainly true). At teatime I was taken back to the Prisons cells below the court. I was out of court at 1030.

Back in the Prisons area, I was asked if I was paying bail, said I was, offered to do it right there with the money in my pocket. No, the man in charge was not there, I had to wait. I did.

I asked again, and was told to wait in the cells. I did.

Lunch time came and went with nothing for the people I was with, although perhaps for the Remand prisoners they provided food. I did not want to eat their food anyways, I wanted to pay bail and go home.

I asked again and was told to be patient.

Eventually an officer pulled me out of the crowd, amazed that I was still there. I then waited outside the cells while enquiries were made. One officer told me my lawyer had paid bail. Another told me I still had to pay it.

Eventually, at 1600, as the day is winding to a close and the officers are thinking of going home, I was handcuffed and taken upstairs and paid my bail.

Back downstairs they did more processing, and eventually at 1700 they opened the gate and let 6 of us go. Most thankfully, I had a supporter still there (thanks again for waiting) and I was driven off, to see friends and supporters, collect my things, have a meal, and go home and have a bath. Then the emails to answer!!!

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