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Justice now: Free political activists
MDC Youth Assembly
August 11, 2011

Why denying bail for Councillor Tungamirai Madzokere, brothers Lazarus and Stanford Maengahama, Phineas Nhatarikwa, Stanford Mangwiro, Yvonne Musarurwa and Rebecca Mafikeni, they are only suspects. The purpose of bail is to allow the accused person to enjoy their fundamental freedoms to association and movement amongst other rights, pending the finalization of their case. Not every accused person is ultimately convicted. In fact in Zimbabwe, statistics show that of all the arrested and detained accused persons, only a small fraction had a real case to answer and a greater component of that small fraction has been acquitted.

The suffering that is inflicted on political detainees by the regime is a clear manifestation of how the regime has lost legitimacy and the authority to lead the country. If a state turns against its own people, there is no other basis for the people to be obedient to it and owe it any allegiance. Providing security of person and guaranteeing protection of life and property are the tenets of the social contract between the state and the people. The total disregard of the freedoms of the people clearly shows that the regime no longer depends on any mandate to rule. In fact we are trapped in a dictatorship.

The case of the detained activists also shows the height of the breakdown in the rule of law. Sporadic arrests and harassment of MDC members, members of the civic society and journalists creates a correct impression that the Police and the Public Prosecutor are not independent institutions bound by their legal and constitutional obligation. The situation is deplorable. A tug-team of the Public Prosecutor and the Police Commissioner has seen the country degenerate into lawlessness and insecurity.

Justice should not only be done, but should also be seen to be done. The Public Prosecutor and the Police should show to be impartial in the execution of their constitutional mandate. In that sense, Augustine Chihuri and Johannes Tomana can never be the face of an independent and impartial public institution in Zimbabwe. The two have publicly proclaimed their allegiance to individuals and ZANU-PF, a fact which casts doubts over their disposition to execute their constitutional mandate without fear, favour or prejudice.

The selective application of the law is a simple result of the impartiality of the heads of the responsible public institutions. We as the MDC Youth Assembly have said it before and we are going to repeat it again, that the Chihuri and Tomana are presiding over a period of repression and suppression of the people using the same people's tax money. This culture of abusing state institutions for political gains is unacceptable and should never go unchecked.

There is only one noble thing for Mr. Chihuri and Mr. Tomana to do, which is to resign from their posts with immediate effect. In as much as they do not want to hear this, but reality shall not be swiped under the carpet to appease forces that are working to destroy our beloved country. Undermining the integrity and respect of our institutions through partisan behavior is a very serious issue that requires appropriate action.

We as the MDC Youth Assembly envisage a Zimbabwe where the people are respected and protected by the security institutions. We envisage a new Zimbabwe where the fundamental rights of all that live in Zimbabwe are respected. We strongly believe that Mr. Chihuri and Mr. Tomana should not have any role in their present capacities in that new Zimbabwe. The two have seriously undermined our public institutions.

Our MDC government should ensure that these public institutions are led by genuine individuals that have a strong belief in serving the people and not their personal masters. The government should establish mechanisms and structures which ensure that public institutions will not be undermined and abused by anyone for any reason whatsoever.

The people should have trust and confidence in the institutions that save them. We as the MDCYA want to reiterate our form commitment in ensuring that our parents, our communities, our economy and our lives are safe in this country. We are therefore not going to sit and remain idle when those values are being undermined and disrespected by a few individuals.

We call for the immediate release of all the political detainees who are facing a very porous case which the state is dragging because it has no evidence of the actual sequence of events on the particular day in question. We do not support lawlessness but reaffirm our commitment to the respect of the rule of law where that is seen to be operational.

We have no personal problems neither with Chihuri nor Tomana except for their inability to carry out their constitutional mandate in a manner that deserves the people's confidence.

Justice delayed is justice denied. Free them now.

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