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CL/175/11(a)-R.2- 29 -

Geneva, 1st October 2004

His home and shop were again attacked in July 2003.  Mr. Sansole believes that ZANU-PF want him to move out of the area.  

Early last year, he was arrested together with Mr. Mpala in the context of a rural by-election for possessing election material, namely ballot box seals, which they were returning to Bulawayo.  In court, a different charge was brought against him while no charges were brought against Mr. Mpala.  He was released on bail of $ 40,000.-.  At a court hearing held the previous month, the prosecution failed to produce the witness.  

1.17.Ms. Thokozani Khupe, MP for Makokoba

Ms. Khupe was arrested in June 2001 after she criticised a cartoon at a meeting at the White City Stadium in Bulawayo.  Prosecution was declined on 2 May 2002.  

On 16 June 2002, she was detained for six hours for having organised an unlawful gathering to commemorate the Day of the African Child (see also under I-6.2.2.).  The case is still pending and proceeds by way of summons.

On 8 March 2003, at an MDC meeting to celebrate Women’s Day she was again detained with other women and told to participate in the meeting organised by the Minister for Gender.  

In June 2003, she was summoned by the police in relation with the mass stay-away action and on 1 November 2003, she was again questioned by police for saying at a report back meeting on the budget that “Mugabe must go”, which she denies. The delegation understood that a case had been brought against her under the POSA which is proceeding by way of summons.

1.18.Mr. Giles Mutsekwa (Mutseyekwa), MP for Mutare North

Mr. Mutseyekwa confirmed his arrest on 19 March 2003 and told the delegation that he had been denied access to his lawyer and that his family was not informed about his whereabouts.  Moreover, he was not given the medication he requires.  He said that the case had been dismissed and that he has sued the Government.  

According to the police memorandum (March 2004), he and others gathered with a view to engaging people in a mass action.  As a result of their inciting people to engage in violence, property worth $ 5 million was destroyed.  After investigations had been made, Mr. Mutseyekwa and others were arrested.  They appeared in court on 25 March 2003 and were released on bail of $ 10,000.- each.  The matter was supposed to be heard in court on 2 June 2003, but did not proceed because of the MDC’s so-called Final Push.  

As to a rally on 3 March 2003 which, according to the police memorandum, he had addressed and which caused disturbances, Mr. Mutseyekwa denied ever having held a meeting that day, when in fact he was in his office.  

1.19.Mr. Ben Tumbare-Mutasa, MP for Seke Rural

Mr. Mutasa confirmed that, as stated in the police memorandum of March 2004, Lactacia Nyakudya drove him on 16 March 2003 along Bulawayo road towards Harare.  His version then differs from the one contained in the police report.  According to Mr. Mutasa, ZANU-PF hooligans who had attended a ZANUPF meeting and blocked the road attacked his vehicle.  Several shots were fired and the car came to a halt.  He did not run away, but went towards the group, took his pistol for which he had no bullets and waved it at the hooligans who went back to the ZANU-PF meeting, reporting that he had a gun.  Shortly thereafter, a riot van with about 25 riot policemen arrived.  They took his pistol and ordered him to hand over the bullets, otherwise they would kill him.  They beat him, telling him that they did not respect him because he was an MDC sell-out.  They then threw him into their van and locked him up at the police station, accusing him of murder.  His lawyer arrived at about midnight.  The CIO and officers of the Police Law and Order Unit interrogated Mr. Mutasa until 4 a.m.   He was then taken to hospital for medical treatment.  Doctor’s reports (Avenue Clinic) state that he sustained, among other injuries, abrasions and multiple bruises inflicted by batons, rifle butts and booted feet.  Mr. Mutasa said that the repair of his

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