Zimbabwe Lawyers for Human Rights: Statement on the arrests of ZEC personnel
from Sokwanele: If anyone reading this post would like to leave a message of support for Dorcas, Virginia, Shadreck and Pius, please do so here and we will forward them to ZLHR. Encourage others to do so too. Mention which part of the world you are writing from. We cannot be sure they will see your comments, but we hope they will. We hope they will hear that the world is watching and noting that their rights are being violated. We hope that this will encourage them during what must be a very stressful and frightening time for them.
Please note the bold bits of the release [our emphasis]
CURRENT ARRESTS OF ZIMBABWE ELECTORAL COMMISSION PERSONNEL
The state-controlled print and electronic media have published and continue to publish a plethora of alarmist articles (which have been mixtures of fact, conjecture and opinion) relating to the arrests of “ZEC officials”.
Zimbabwe Lawyers for Human Rights (ZLHR) is currently attempting to confirm these arrests throughout the country and ascertain accurate details of the circumstances under which these arrests occurred, and the charges laid, if any.
ZLHR can confirm the following incidents:-
- On Friday 4 April 2008 one Dorcas Mpofu, a ZEC constituency election officer, was arrested and detained by police in Mberengwa. A lawyer deployed by ZLHR was denied access to her by police, in contravention of her rights under the Constitution of Zimbabwe. She has since been charged under section 174 of the Criminal Law (Codification and Reform) Act (”the Criminal Code”) with criminal abuse of her duty as a public officer, in that she allegedly intentionally committed an act or acts contrary to or inconsistent with her duties as a public officer. The maximum sentence in the event of conviction is a level 13 fine and/or 15 years’ imprisonment. She was made to sign a warned and cautioned statement without the assistance of her legal practitioner, after which she was released. Subsequently, however, she was taken back into custody and advised to make an application for bail at the Magistrates’ Court on Monday 8 April 2008. The ZLHR lawyer attended at the Magistrates’ Court on Monday 8 April 2008 and was again denied access. He was later informed that her superiors had ordered her to engage an alternative lawyer when they were informed that the lawyer present was a member of ZLHR.
- On an as yet unconfirmed date one Virginia Sibanda, a ZEC election officer working in Lupane, was arrested. She was due to appear in the Bulawayo Magistrates’ Court on Tuesday 8 April 2008. The advocate deployed by ZLHR to represent her advised ZLHR that the police were not cooperating with him and did not allow him to peruse the docket to establish the precise allegations, again in contravention of the Declaration of Rights in the Constitution. He was only able to establish that the accused person was being charged with breaching section 136(a) of the Criminal Code. This is the crime of fraud, where any person who makes a misrepresentation intending to deceive another person or realizing that there is a real risk or possibility of deceiving another person faces a maximum penalty of a fine not exceeding level 14 and/or imprisonment not exceeding 35 years. In the alternative, she was charged with allegedly contravening section 174(1)(a) of the Criminal Code, as in the previous case.
- On an as yet unconfirmed date one Shadreck Mufute, a ZEC elections officer who was stationed at Ward 25 in Mutasa South was arrested in Mutare and charged with fraud under section 136(a) of the Criminal Code, alternatively contravening section 87 of the Electoral Act, as amended in that he allegedly willfully failed to perform his public duty. His warned and cautioned statement was recorded on 7 April 2008 but had not been finalized due to lack of power (ZESA) at the police station. He appeared in the Mutare Magistrates’ Court on Tuesday 8 April 2008 where he was represented by a ZLHR lawyer. The lawyer and the prosecutor initially agreed on bail, but in court the prosecutor opposed bail, advising the ZLHR lawyer that he had instructions to vehemently oppose bail due to the political sensitivity of the matter. Mufute was remanded in custody pending the handing down of the magistrates’ ruling today.
- On an as yet unconfirmed date one Pius Chikwata, a ZEC elections officer, was arrested in Nyanga and charged under section 174(1)(a) of the Criminal Code. A ZLHR member was deployed to appear on his behalf on Tuesday 8 April 2008 and successfully applied for bail. Chikwata was released on payment of $30 million bail.
ZLHR wishes to express its grave concern on these developments.
First, all arrested persons have fundamental rights in terms of the Constitution to be represented by a lawyer of their choice. This becomes even more critical where the possible sentence in the event of a successful prosecution is such a severe term of imprisonment. The police continue to exhibit complete contempt for the Constitution and accused persons’ rights, with impunity and they must be made to answer for such action without delay. Lawyers should be allowed to perform their official duties without hindrance, as is stipulated in national laws and international treaties to which Zimbabwe is a State Party.
Second, due to the severe and unjustifiable delays by the Chief Elections Officer in announcing the results of the presidential election, the electoral process is not yet complete. As such, these arrests constitute executive interference in the work of a purportedly independent institution, and must therefore be condemned in the strongest possible terms. The actions of the police and their commanders smack of intentional intimidation of officers of an electoral body and can be considered to be an attack on ZEC’s integrity and ability to complete its constitutional duties without fear or favour, which is already in dispute.
Third, one must question how the disputed election returns forms found their way from the possession of ZEC officials to police stations around the country, especially when the verification and tabulation process is not yet complete and the results have not been announced and made publicly available. All returns were signed as correct by representatives of political parties present thereat, and one wonders why suddenly the contents of the forms are being disputed.
Finally, the fact that the Chairperson of ZEC has not publicly denounced such attacks could lead to the perception in the mind of an ordinary and interested voter or member of the public that either the hierarchy of the Commission is fearful of retribution in the event of speaking out, or that they are complicit in these actions as a means of diverting attention from its failure to announce the presidential election results. The Chairperson of ZEC must immediately and publicly condemn such intimidatory tactics.
April 9th, 2008 12:42
It is the helplessness that shocks us and scares us and makes us so angry. The election results have been witheld. Reasons for arrest have been witheld. They say so. That’s it. It is pathetic
Thoughts from London for the arrested ZEC officials.
We are left only with the hope that ultimately good shall prosper over evil
April 9th, 2008 12:43
Sokwanele,
Thank you for keeping us informed.
I am writing to you from France and am very concerned about the human rights issue in Zimbabwe since the elections on the 29th of march 2008.
To read this information and to know that the presidential results are not yet annonced has profoundly shocked me and is a disgrace to the nature of the Zimbabwean people and the human rights acts that are written in the constitution of Zimbabwe.
I sincerely hope that the law will abide in Zimbabwe and that Zanu PF will concede defeat and that the new president of Zimbabwe my sit in office very soon.
International pressure will not allow this to carry on much longer and the Zanu PF thugs and militia must learn this soon or they will be the ones on the bench in court and behind bars for a very long time.
Keep up your good work. I wish you all in Zimbabwe lots of courage and patience in these troubled times.
Regards,
Dennis Jones
April 9th, 2008 13:02
Great website, great campaign…
This campaign seems to be getting at government and police members
Here are numbers to dial http://kickmugabeout.blogspot.com/
if you’re living outside the country and want to join in.
April 9th, 2008 13:24
Things are getting really worse I know but for what. Do the regime think they can go on with these tools forever? I don’t think so. There are more people supressed than those who do it. And the food and the money for these ordinary people who help the regime in desperation is running out. I saw one example of farm invasion on TV where one woman said to the farmer now its our place and we occupy it. But it wasn’t really convincing what she told even for herself. You could almost see that she was asking herself in this moment what I’m actually doing here. And the others around her the men seemed trying to convince themselves too. They were drunken and without real energy just to get a little piece of something to eat. Only motivated for themselves to survive a bit longer and not for political reason.
Let the people who fight for a free Zimbabwe or are in arrest or were beaten people arund the world are watching and they will not stop that. We are concerned but with hope…
April 9th, 2008 13:29
If there were any truth in these so called irregularities then the results would already have been made public so that the evidence was there for all to see. The time to contest results is when there are results. This is so obviously wrong that everyone in the world can see it.
Please pass on from here in London our support for those in the ZEC who are or have been trying to do their job honestly despite the obvious pressures they must be facing. We are watching, and this virtual coup can’t last forever. It is a matter of record who is doing their job, and who is trying to subvert the dues process of law, and this knowledge will never go away.
I take my hat off to these ZEC people - stay strong!
April 9th, 2008 13:43
Dear Dorcas, Virginia, Shadreck and Pius
As I am writing this I am aware that you might never be able to read this letter so perhaps in itself it is just symbolism. I am however aware keeping quite is not an option either. I want to give you words of encouragement but even these I know might be hollow positioned against what you are currently confronted with. As Zimbabweans we are faced with evil where ordinary acts are criminalised and victimisation is guranteed. I also know however that even this evil will come to pass and that we will owe it to ordinary men and women like yourselves whose humanity triumphed against evil. I know you are worried about your loved ones and tomorrow. I pray that God protects you and your loved ones and that these charges will be dropped so you can have your lives back. I pray that as Zimbabweans we might be able to transcend this evil period in our lives and that we can as one nation be able to trust in the state and judicial institutions to protect us rather than victimise us. Take courage in the fact that millions of people the world over are aware of your plight and looking, talking and praying for our country.
God bless you.
Tatenda, Manchester, United Kingdom
April 9th, 2008 13:57
We the world are watching. We pray for justice for the people of Zimbabwe.
Dorcas, Virginia, Shadreck and Pius - you are in our prayers here in London. We pray for your strength, and for justice for you in the way these allegations are dealt with.
Stay strong Zimbabwe. By keeping from violence you show the true strength of your great nation. Mugabe will go, one day very soon he will be simply another sad dictator who is no more. Meanwhile your country will prosper and be great again.
God bless you all.
April 9th, 2008 14:02
WE ARE WATCHING WHAT IS GOING ON IN ZIMBABWE THIS LATEST EPISODE ONLY MAKES IT MORE CLEAR THAT THE NEW PARTY HAS TO TAKE OVER TO GET RID OF SUCH SAD HAPPENINGS MR MUGABE IS DESPERATELY CLINGING ONTO STRAWS WE ALL KNOW HE HAS LOST AND THIS LAST EPISODE IS JUST EVIL AND UNFORGIVING WE WILL PRAY FOR ALL OF THE PERSONS ARRESTED THEY HAVE TO KEEP STRONG AND KNOW GOOD WILL COME OUT OF ALL OF THIS EVIL AND THAT WE ARE ALL WATCHING NOTHING IS GOING UNMISSED. YOUR SO CLOSE TO VICTORY. FROM THE UK.
April 9th, 2008 14:03
Sokwanele, thank you for keeping us posted. It must be very hard not knowing wat is really happening. And it is a shame Mbeki (read SA) isn’t responding. Telling everybody to wait and see means (in my view) you are afraid to act! What does Mugabe knows of him??
Try to keep your spirits up!
April 9th, 2008 14:10
The arrests and incarceration of the election officials is an absolute disgrace and intimidation from a regime which abuses legal rights and justice in the land to further its own miserable extension of power.
This is being posted from the UK where the many friends of the people of Zimbabwe are waiting and hoping that we, and the whole world, will see real justice done.
April 9th, 2008 14:20
To Dorcas, Virginia, Shadreck and Pius
I am also writing from the UK. I am very sorry to hear what has happened to you and I am ashamed that any one serving the public in Zimbabwe is treated badly.
We Zimbabweans are proud of our good humor and good sense. We know we are better than this. Please think of the spirit of Zimbabwe when you need strength and support during this trying time.
Stay calm. Stay strong. Keep heart. We will see the end. You and your families are in our thoughts and prayers.
April 9th, 2008 14:24
Thanks for a job well done in keeping Zimbabweans all over the world informed. I am a Zimbabwean in Aberdeen, Scotland.
Dorcas, Virginia, Shadreck and Pius, our thoughts and prayers are with you and all Zimbabweans who have had the courage to say “NO”. Your suffering will soon turn to joy in the new Zimbabwe, hang in there, you are not alone!
To Zimbabweans all over the world, know that the time to go home is near but we still have some work to do, the international community has got bored with Zimbabwe, when it looked like the struggle was nearly over, the world was keen to grandstand it’s so called part in the democratic process taking place in Zimbabwe. Now that the “Old Man” has turned nasty it’s a different story, the worlds media has gone quiet despite the fact that Zimbabwe is undergoing a crisis that has never been seen in a country outside of a war zone. Our people are dying yet not one country has had the balls to condemn Mugabes obvious meddling in the electoral process, an election he said was going to a run off, if this was the case and it was just a run off, why has he delayed the release of the results, because he lost!
We cannot rely soley on the goodwill of the world we need to bombard every Government and media agency in the world with e-mails and phone calls lest they forget, get your work mates involved ask them to get thier friends involved. Turn your feelings of helplessness and anger into action, our people need us!
Once you’ve done what you can, work, do extra shifts overtime anything it takes to make money which we will use in the rebuilding of our Zimbabwe.
President Tsvangiria,
Do not forget Zimbabweans around the world, tell us what needs to be done, lead your people, not just back home but all Zimbabweans worldwide, know that we have not deserted you like the world has deserted Zimbabweans again, the only way we can overcome now is through people power, we are tired, depressed and angry but now is not the time to rest.
Helpless Zimbabwean.
April 9th, 2008 15:24
If it weren’t for this blog, how would we ever get to hear the full extent of the travesty that is unfolding in Zimbabwe? Thanks to everyone involved for their hard work, courage and commitment.
To Dorcas, Virginia, Shadreck and Pius
As a lawyer in South Africa (now in London), I remember the forging of the South African constitution and how heavily we relied on the excellent and liberal Zimbabwean constitution. It appals me to see that this remarkable document has been perverted to the extent that your human rights can be violated without a second thought. My thoughts and prayers are with you and your families. Have courage - the world is watching and Mugabe’s hour of reckoning cannot be far away. The treatment you have received are the death throes of a terminally ill regime.
To the rest of the world - how can you stand idle when this is happening to your fellow human beings? Shame.
April 9th, 2008 15:47
Thinking of you in Connecticut.
The situation in Zimbabwe is chaotic. The rule of law is no longer. My heart goes out to those caught up in the web of this political power struggle.
To Dorcas Mpofu, Virginia Sibanda, Shadreck Mufute, Pius Chikwata and the many others political prisoners in Zim jails, be strong and know that you are the heroes. The day must soon come when the rule of law and sanity will once again return to this beautiful corner of the world.
The people of Zimbabwe deserve nothing less.
April 9th, 2008 15:49
“undergoing a crisis that has never been seen in a country outside of a war zone. ”
Actually it is pretty much the same as what happened in Burma in 1990. The National League for Democracy won the election, but the military rulers refused to accept this result. That was nealy 20 years ago and Burma is still under military rule.
April 9th, 2008 15:59
Thinking of Dorcas Mpofu, Virginia Sibanda, Shadreck Mufute and Pius Chikwata. Here’s hoping all will be ok.
Andy Cape Town
April 9th, 2008 16:51
To Dorcas, Virginia, Shadreck and Pius
Stay strong the end is near.The drum beats the loudest when it is about to break. Freedom is in the air.For me when the day comes, it will be sweeter than April 18, 1980 just because oppression from your very own is 10x worse than that of those who”came from afar.” Just maybe, April 18, 2007 is going to be another big day for Zimbabwe.
April 9th, 2008 17:06
These events are being followed closely from all corners of the world. We are watching and waiting, sharing your hopes for a new beginning for Zimbabwe.
Dorcas, Virginia, Shadreck and Pius - stay strong. Your example of courage and commitment is an inspiration.
(from Dublin, Ireland)
April 9th, 2008 17:21
Thanks to all at Sokwanele. Your site has been a light in this very dark week. We are in New York City, watching and waiting with you.
Dorcas, Virginia, Shadreck and Pius - keep strong. There are many of us aware of your situation and we are watching. We know. One day these men will be held responsible for what they do.
April 9th, 2008 17:28
Keep it up comrades,stand up and say it out to the world at large,He has lost he has to go and stop his dirt tricks.I wish you good luck guys,keep strong we are behind you.
April 9th, 2008 17:56
What really is the crux of the matter in all these arrests is who is the complainant .It would appear that if it is zpf it has no locus standi since the results are presumed to be unknown at this juncuture.Which can only mean that it is the ruling party or to be precise the minority party.these charges can only be raised by the party that is handling the elections in this case ZEC and zec has not been heard to complain about any irregualrities.Which can only mean that zpf is looking for a scape goat for having fallen by the way side.To be precise zpf is now irrelevant to us as zimbabweans if only they can understand this.
April 9th, 2008 18:06
Dear Dorcas, Virginia, Shadreck and Pius
I am so sorry for your arrest. Many good people are trying to help you and all around the world we are watching to make sure you are safe. Stay strong. Soon you will be free.
(London)
April 9th, 2008 18:20
Kudos to those who are taking the heat for the cause of a better Zimbabwe. Your bravery is a testament to the courage of all ordinary Zimbabweans.
We watch with bated breath in the hope that the ZANU-pf brass are using this stolen time to pack their belongings and get out of the country.
A better future awaits all Zimbabweans - the old guard will not get away with this victimisation of the citizens of that country.
Our thoughts are with you during this painful time.
April 9th, 2008 19:28
Dorcas, Virginia, Shadreck and Pius,
I, and many Americans, are standing behond you. We pray that you will be safe and that Zimbabwe will indeed see better times ahead.
I also commend you for trying to help your country see fair elections. Please stay strong. Our thoughts and prayers go out to you.
April 9th, 2008 19:55
The World and the Universe is watching. It is sometimes unbelievable for some that the coruption and inhumanity is continuing, I have a child living in Zimbabwe and it frightens me and gives me great pride that she is there. From all enlightened beings in the Universe we send you love, light and a wish of great Peace. Please know we are watching and doing what can be done.
Sedona, Arizona USA
April 9th, 2008 20:14
Dorcas, Virginia, Shadreck and Pius
I am emailing from Canada. You and your fellow Zimbabweans are in the thoughts and prayers of so many of us around the world. We are reading the blogs and news feeds in horror and dismay. Stay strong. We pray for healing for you and your people
April 9th, 2008 20:30
Dorcas, Virginia, Shadreck and Pius,
Am thinking of you and every other Zimbabwean that is putting their lives on the line fighting for justice, freedom and peace!
Furthermore,Shame on Mbeki for keeing silent considering all we have gone through for our own freedom and democracy. Sies on him!!
Much love and compassion
Shirl
Cape Town
April 9th, 2008 20:51
Let me add to the expressions of support from here in America. The people of Zimbabwe have my prayers–even the person known as Robert Mugabe, for it is not too late for him to save his soul, and to do one or two truly good things for his country.
You are also in the thoughts of my children, ages 10 and 8. They are ever curious about events in the world, and I have done my best to explain to them what you have had to endure in Zimbabwe. The whole world should know.
You were even remembered in their bedtime story one night, where their favorite bedtime-story characters paid a visit to your country, and witnessed its deliverance by means of a giant, shining, golden, living Zimbabwe Bird. I don’t know if that’s precisely the thing we should be waiting on in real life…but surely by this point somebody up there owes you some sort of miracle (or three).
Be as well and as safe as you can, keep standing up in peace and with dignity, and know that at every hour of the day, someone somewhere in this vast world is offering prayers for you.
April 9th, 2008 21:49
@ Blog Goliard
That was nicely put and you give us a lovely image.
“a giant, shining, golden living Zimbabwe Bird”.
Is there an artist who can make us one? Would that be sacrilegious at all?
April 9th, 2008 22:23
I’m still here, waiting to hear how things unfold, and I offer my support and prayers to the people of Zimbabwe, and those who are the victims of Mugabe’s treason, and those who suffer because of tyrant like him.
April 10th, 2008 12:04
Please everybody link to the website from anon above - it’s brilliant - tel. nos af MPs etc.
Misty please will you try and publish SADC faxes and nos. on your site. I can’t find them anywhere.
THANKS and thanks to Sokwanele - I never had much faith in the Web before these last weeks but these pages are really an absolute lifeline to those of us outside. Courage and strength to us all.
April 10th, 2008 13:55
Dorcas, Virginia, Shadreck and Pius
Many years ago, when I began my research in ZIm, I asked my friend, ‘What happens here when someone dies?’ He smiled and said drily, ‘First of all, they find someone to blame.’
Something, rather than someone, is dying and you are the one who are blamed on this occasion. My thoughts and prayers are with you, your colleagues and your families, in your imprisonment and in your fight for justice and freedom.
So many people are longing for this injustice to end. One day it will end and the mbira players, the singers and dancers will have their day.
You will be there.
http://madresicilia.blogspot.com/2008/03/zimbabwe-on-line-2008.html
April 10th, 2008 13:59
Hi folks. My Zim friend in England knows I follow the Mugabe affair. All hunan rights abuses offend me and all y’ll are in the think a of a very bad situation. I can only wish you well and Godspeed in keeping your stamina to follos through. Your suffering has given you and edge as I read it. I live in the U.S. in the State ofNew Jersey and we are watching.
Good luck,
George
April 10th, 2008 17:01
For Dorcas, Virginia, Shadreck, and Piis.
I have been closely watching the events in Zim for over ten years. My heart bleeds for you and your fellow countrymen. One day many years ago in Botswana, a Zimbawean friend asked me, “Why don’t the US soldiers come to help us?” Sadly, I said this, “You don’t have oil!” This is the dumb reality.
The Monster is getting very near the end, it will be over soon. When it happens it will take years and much love for your real country to recover.
April 10th, 2008 22:36
I wait with baited breath to witness the integrity of the surrounding African Heads of State when they meet to discuss Zimbabwe
April 25th, 2008 18:18
black africans talk of the tyrany of the whites during the colonisation of african and therefore fought for independence. if mogabe thought the the independence of zimbabweans was imperative,why is he now oppressing them this way.African leaders must wake up to the ideals of of Africa unification.
kofi - gahna.