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

Geneva, 1st October 2004

(parliamentary) car was not only very expensive but also took six months during which he was obliged to rent another car.  In August 2003, he brought a lawsuit against the Government.  He also said that he knew the names of the police officers who had attacked him.  

According to the police, his car was not attacked by ZANU-PF but by MDC supporters who were throwing stones at passing vehicles.  The driver panicked and lost control of the vehicle which veered off the road and hit two pedestrians one of whom died on the spot.  The driver and Mr. Mutasa, the report says, fled from the scene.  Police arrived and recovered his pistol and an empty magazine from the vehicle.  When Mr. Mutasa later reported at the police station in the presence of his lawyer, he was requested to bring the firearm certificate, which he did on 16 September 2003.  The incident was being investigated as a straightforward  road accident.  

Mr. Mutasa also reported in great detail on his arrest in the context of the Zengeza by-election (see under D.I-4.4.).   

1.20.Mr. Moses Mzila-Ndlovu, MP for Bulilimamangwe North

Mr. Mzila Ndlovu was arrested in April 2001 late at night by heavily armed men and accused of defaming President Mugabe.  He was remanded 6 times.  The magistrates court referred the case to the Supreme Court as the lawyer argued that the charge was an infringement on his constitutional rights.   According to the Chief Justice, the matter should already have been dealt with.  

Mr. Mzila Ndlovu was again arrested on 18 November 2001, initially on murder charges which were later changed to kidnapping.  He confirmed that he had been held for four days in police cells from where he was fetched during the night for interrogation and returned to the cell the next morning.  He confirmed also that the questions put to him were hardly in relation with the charges, but rather related to his political activities as a “sell-out”.  During his police detention, he was stripped naked, made to lie down on the floor and had his back flogged.  He was taken to court on 21 November and remanded in custody in Khami prison where he stayed, according to the prison authorities, until his release on bail on 6 December 2001 (14 December according to other sources).  The charge against him was withdrawn on 3 June 2002 for want of evidence.  Mr. Ndlovu stated that two days previously, interrogators had called him on the telephone.  

Mr. Ndlovu stated that he had not lodged a complaint either about his torture or the conditions in which he was held.

Together with Mr. Edward Mkhosi (see below 3.1.), Mr. Ndlovu stands charged with common assault.  

1.21.Mr. Gibson Sibanda, MP for Nkulumane, MDC Vice-President

According to the police memorandum of March 2004, Mr. Sibanda is accused under the LOMA of uttering statements threatening or encouraging violence for a statement he made on 4 February 2001 at the White City Stadium in Bulawayo, allegedly inciting MDC supporters to resort to violence to oust President Mugabe.  The case was with the regional prosecutor.  The delegation understood from its discussion with Mr. Sibanda that this charge was based in fact on a newspaper article and that his defence has called for a discharge.  

In March 2003, Mr. Sibanda was arrested under the POSA and accused of attempting to subvert the constitutional government by participating in the planning of mass actions.  He was kept in custody for seven days before being released on bail of $ 1 million.  The charge was withdrawn before plea on 16 February 2004.  

1.22.Mr. Roy Bennett, MP for Chimanimani (see also E.2.)

1.22.1.The incidents on Charleswood Estate

Mr. Bennett provided documents regarding the compulsory acquisition of Charleswood Estate, the commercial farm which he and his family own.  It appears from these documents that on 27 April 2001, the farm was designated for compulsory acquisition in terms of the Land Acquisition Act and on 20

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