ZIMBABWE HUMAN RIGHTS NGO FORUM
POLITICAL VIOLENCE REPORT
SEPTEMBER 2004
29 November 2004
A report by the Zimbabwe Human Rights NGO Forum

OVERVIEW

Incidents occurring in Zimbabwe in the month of September continue to reflect lack of political tolerance. The Human Rights Forum commends the Vice President for his stance against violence and hopes that his words will be put into action. The Human Rights Forum condemns any form of political violence against any Zimbabwean no matter what their political affiliation may be.
Political victimization was relatively high around the opposition MDC’s 5th year anniversary celebrations on 11 and 12 September 2004. In Kwekwe, it is alleged that around 8:00am on Saturday, ZANU PF supporters at Globe and Phoenix ground attacked Blessing Chebundo MDC MP for Kwekwe and other MDC supporters. The MDC supporters were reportedly preparing for the beginning of the party’s 5th year anniversary celebrations at the ground. It is reported that more than 200 ZANU PF supporters attacked the MDC supporters. Four of the MDC supporters were reportedly seriously injured during the attack. They were taken to hospital. Police in Harare reportedly confirmed their knowledge of the incident. The Forum urges the police to bring to book all those responsible for incidents of this nature.
In Glen view EK, SR, LC, TC, FM, DM and RM reported that they attended the MDC 5th year anniversary celebrations in Highfield. Since then they claim that they are being victimised by ZANU PF supporters who allegedly spotted them on their way back from the anniversary. They report that they are being threatened with eviction, burning of property, physical abuse and sometimes with unspecified action. They claim that they are now living in fear due to these threats and are looking to relocate.
The month of September also saw a rise in the number of displacements. The cases of displacements recorded in September are the highest since the beginning of the year. This can be attributed to the current farm evictions and also the MDC 5th anniversary celebrations mentioned above. On 2/09/2004, the Member In Charge of Norton police, Mr. Makuku, the District Administrator, Mr. Mushaninga, riot police and national service youths evicted Porta Farm dwellers despite a High Court Order granting the residents temporary relief from eviction until a lasting solution to their accommodation problems was found. The residents at Porta Farm were initially moved to the farm in October 1991, when the Queen of England visited Zimbabwe for the CHOGM summit. They were allegedly evicted from Mbare, Kugomba in Borrowdale, VID and Epworth. Porta Farm was originally supposed to be a temporary settlement with those who had been moved there apparently believing they were to be moved to a more permanent place of residence within three months. Fourteen years on, the residents have not yet been resettled.
LM alleges that on the day of the incident, riot police, Mr. Makuku, the Member in Charge of Norton Police Station and Mr. Mushaninga the District Administrator arrived at Porta Farm in 11 small cars and 12 lorries. It is further alleged that the member in charge addressed the people telling them that they had come prepared to evict them and he is said to have asked the people whether they were also prepared for the eviction. LM claims that two of the Porta Farm residents, WC and MJ handed a High Court Order and affidavit to the Member in Charge. The High Court Order granted the residents temporary relief to stay at Porta Farm until the issue of their resettlement was resolved amicably. The Member in Charge purportedly charged that the documents were fake and refused to look at them. He is alleged to have said that these delaying tactics were not going to work with the police and ordered the demolishing team to start doing the work for which they had come. It is further alleged that the demolishing team comprised of about 30, some of whom were said to be wearing dreadlocks, which we believe are prohibited for police officers.
The team reportedly had different tools for demolishing, which included picks, shovels and iron bars. When they demolished the first house people around apparently started to scream. It is alleged that the police fired shots in the air and one of the policeman is alleged to have deliberately aimed, shot and shattered the windows of another house. LM claims that the shooting started a fire, which burnt a whole house and the nearby grass wall. The property is said to have belonged to GM. It is purported that another house belonging to BZ was also destroyed along with a solar panel. Occupied and unoccupied houses were said to have been demolished, including one from which a sleeping infant was rescued unconscious and requiring medical attention.
The demolishing team then reportedly proceeded to one L's house who challenged the team on why they were destroying houses. LM alleges that one of the team members picked up a brick and hit him on the face. L reportedly cried out in pain but the team allegedly started to assault him. He was only rescued when some of the Porta Farm residents came to intervene on his behalf. LM claims that the riot police came in firing teargas indiscriminately and also firing several shots in the air. The local office of Amnesty International was alerted to what was transpiring at Porta Farm and two officers went there to observe. On arrival they alleged that they were accused by the police of addressing a meeting and causing commotion. They were arrested and charged with inciting violence.
The Non-Governmental Organizations Bill (NGO Bill), which was gazetted on 20 August 2004, was the centre of numerous demonstrations in the month of September leading to many arrests. The NGO Bill, among other repressive measures, seeks to ban any form of foreign funding for local NGOs involved in issues of governance. The Bill states, “No local Non-Governmental Organization shall receive any foreign funding or donation to carry out activities involving or including issues of governance” . Issues of governance are defined in the Bill as including, “the promotion and protection of human rights and political governance issues” . It is not surprising, therefore, that this Bill was the subject of many demonstrations by civil society in the month of September.
It is reported that 52 WOZA women were arrested between Chegutu and Selous at the 65KM peg Bulawayo-Harare highway for organising a demonstration without police notification. The women had announced they were marching from Bulawayo to Harare to demonstrate against the NGO Bill. It appears that when the police approached the women, they allegedly misled the police saying they were church members. They were however reportedly searched and found in possession of demonstration materials, which included banners and pamphlets. The women were taken into custody at Kadoma and Chegutu police stations and detained for 3 days. It is claimed that they appeared in Court but the magistrate refused to press charges due to lack of evidence. Jenni Williams, the only activist not arrested in Chegutu, was later reportedly arrested in Harare on 29/09/2004 with the other 8 women who had joined the demonstration in Harare at Africa Unity Square including a 4 month old baby They were said to be praying in Africa Unity Square after having successfully completed the march against the NGO Bill. They are being charged under s19 (1) (a)(i) of POSA chapter 11:17 for involvement in a “gathering conducing to riot disorder or intolerance” The alleged accusations are that the women unlawfully marched to Africa Unity Square from Harare show grounds chanting anti-government slogans and threatening to march to the Parliament of Zimbabwe on Monday 4 October 2004. They are due to appear in court on 13 October 2004.
The NCA National Advocacy Vice Chairperson, Maddock Chivasa, ZINASU President, Philani Zamchiya, ZINASU Organising Secretary, Steve Mutsarurwa and 41 other NCA activists were arrested after the NCA organised a demonstration against the NGO Bill. The demonstrators reportedly staged sporadic protests as they ran through the streets, waving banners and chanting slogans denouncing the proposed law. Many were reportedly thrown into police trucks and driven away to Avondale Police Station where they were detained until 20:00hrs and released without being charged. It is reported that as the demonstrators set to march peacefully to Parliament through Nelson Mandela Avenue, riot police details wielding truncheons and teargas canisters descended on them. The demonstrators were allegedly brutally assaulted by the police in a show of unwarranted use of force. Seven of the demonstrators were reportedly seriously injured and had to receive medical attention in a private hospital in Harare.
The Forum deplores the heavy-handed manner with which the police in Zimbabwe are quashing demonstrations. The Forum further urges the police to adhere to the United Nations (UN) Code of Conduct for Law Enforcement Officials, which states, “Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty”. The use of force must be proportional “to the legitimate objective to be achieved. ”

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