Tsvangirai hunts 2008 murderers
By Gift Phiri, Senior Writer
Sunday, 15 January 2012 12:56
HARARE – Prime Minister Morgan Tsvangirai and the MDC are pushing for the
murderers of the 2008 political violence to be brought to justice without
any further delays.
But Attorney-General (AG) Johannes Tomana, whose job it is to prosecute
these killers, continues to dither and sit on the cases — accusing the MDC
of cheap electioneering.
The MDC says it is keen to ensure that perpetrators of the 2008 violence are
jailed to prevent them from committing more atrocities as President Robert
Mugabe’s Zanu PF desperately tries to use the next poll to overturn its 2008
electoral defeat.
Churches, civil society and election observer groups largely blame the 2008
violence on the military, as well as Zanu PF supporters — who were all
battling to overturn Mugabe’s embarrassing and dramatic defeat in the March
2008 first round presidential poll.
In that light, the MDC says it wants Tomana to use his constitutional powers
to force the prosecution of the “murderers” who are still roaming free and
appear to enjoy police protection.
The party has implored Tomana to invoke Section 76 (4a) of the constitution
to order the commissioner-general of the police Augustine Chihuri to
investigate the murders.
The party has also approached the Joint Monitoring and Implementation
Committee (Jomic), an organ set up under the Global Political Agreement
(GPA), to monitor the implementation of the power sharing accord.
Deputy Justice and Legal Affairs Minister Obert Gutu, who is also a top
official in the MDC, says the party will this year exhaustively pursue the
matter.
“The MDC is still pursuing the matter because it goes to the very root of
foundational concepts of democracy, transparency, accountability and good
governance,” he said.
“Naturally, the MDC will not rest until such a time that the perpetrators of
these brutal murders and other heinous crimes are brought to book. As they
say in Shona, mhosva hairovi (you can not run away from the law). It is a
fact that no less than 200 MDC activists were brutally murdered between
March and June, 2008.
That period in time was a reign of terror,” Gutu told the Daily News on
Sunday yesterday.
Gutu accused Tomana of shielding perpetrators of the 2008 violence, saying
the AG had been sitting on dossiers containing details of the gruesome 2008
violence “for ages” without acting.
Tomana denied the charge.
He rubbished the MDC’s concerns, saying the party should follow due process.
Tomana told the Daily News on Sunday that he could not invoke the
constitutional provisions directing police to investigate the murders when
the MDC had failed to meet key conditions for that to happen.
“The Attorney General invokes that power where it is very clear before him
that there is a witness who has cared to actually go all the way to assist
the police with all the requisite information that is required,” Tomana said
yesterday.
“I can only invoke that power when they (police) are not doing what they are
supposed to do for example, this could either be because of corruption in
the sense of showing favour, or fear because certain threats have been made
to them or prejudice,” said Tomana.
“Police stations have jurisdictions because an offence that is committed in
Magunje is reported in Magunje and investigated in Magunje. Now we will then
check to see whether that report was actually made, what the CR Number is
and then over and above that we can certify that yes, the IO (investigating
officer) did less than what he is supposed to do.
“We refer you to the DisPol (Officer Commanding District). If the DisPol
doesn’t help, we refer you to the province.
“If they don’t help we find that there is a real responsibility? You go up
to the PGHQ (Police General Headquarters) itself,” said Tomana, explaining
the due process necessary before he can act.
In the meantime, MDC secretary-general Tendai Biti has also furnished Jomic
with a list of the murders that were perpetrated against MDC supporters in
2008.
Zimbabwe has struggled to regain stability ever since and tensions have been
rising again ahead of another election, to be held possibly next year.
“The MDC implores you to ensure that the Zimbabwe Republic Police are made
to enforce the rule of law by causing the arrest and prosecution of the
perpetrators of these murders,” Biti wrote to Jomic national coordinator
Patience Chiradza.
“It is inexcusable that almost three years after the perpetration of these
murders; absolutely nothing has been done by the police to arrest those who
committed the murders.”
Police spokesman Oliver Mandipaka declined to comment saying Jomic must
answer the questions since the MDC had chosen to write to them.
“They have written to Jomic. I cannot answer for Jomic,” Mandipaka told the
Daily News on Sunday. “He (Biti) will get his answers from Jomic.”
Biti’s letter was copied to co-Home Affairs ministers Theresa Makone and
Kembo Mohadi as well as Justice and Legal Affairs minister Patrick
Chinamasa.
The letter further quotes a speech made by Vice President Joice Mujuru at
the Celebration Centre in Harare on December 7, in 2010.
“If you are out there and you kill in the name of Zanu PF, the law will
catch up with you because an offence (once) committed should be brought to
justice,” Mujuru is quoted saying at the Celebration Centre in the letter.
“Zanu PF won’t protect you. We don’t want to be a country known for murder
and harassment.”
Said Biti in his letter: “Indeed, Vice President Mujuru acknowledged in
December 2010 that Zanu PF supporters had committed murders in 2008.”
Attached to Biti’s letter was a letter to Tomana written by the MDC director
of security and intelligence, Chris Dhlamini, containing the names,
districts, dates and summaries of 2008 murders and other violent activities.
“Villages, particulars and locations where the deaths occurred can be
supplied by the MDC leadership in respective districts given in the said
document,” Dhlamini’s letter to Tomana says.
“The deaths occurred in 2008, over a period of time extending from April
2008 to December 2008. We will forward to you any further reports from our
members as they come.
Information available suggests that the deceased were murdered, by, in some
cases people who the deceased’s relatives and neighbours will be able to
identify or name,” the letter reads.
The MDC intelligence supremo says in his letter to Tomana that reports in
some cases were made to the local police stations but the report references
were not given to the informants.
“The police have not gone back to the informants/relatives to inform them of
the levels of achievements in their efforts to deal with the said matters in
accordance with the law,” reads the letter.
Suspected Zanu PF supporters, war veterans and intelligence officers were
accused of carrying a retribution exercise against perceived MDC backers in
Mashonaland Central and East in the run up to the June 2008 presidential
run-off.
Tsvangirai pulled out of the run-off days before polling, citing massive
violence and intimidation against his supporters.
Mugabe went ahead with the poll widely condemned as a sham and installed
himself as the winner of the one-man election.
Sadc leaders, led by former South African President Thabo Mbeki, however
intervened and forced a political pact leading to the formation of the
inclusive government.