Geneva, 1st October 2004
throwing dynamite that caused damage to a supermarket pavement. He and others were charged with public violence. However, since Mr. Mpandawana’s death, “the matter has not kicked off and the docket (file) is at the Attorney General’s Office”.
According to his death certificate, a copy of which was given to the delegation, Mr. Mpandawana had been sick for two weeks before he died of gastroenteritis and immuno-suppression.
3.Personal accounts of MPs whose cases had not as yet been referred to the Committee and information provided by the police
Mr. Mkhosi said that, on 11 January 2001, together with Moses Mzila Ndlovu, he drove to Bulilimamangwe Council Office because there were rumours that Council workers had been arrested. On their arrival, they met a group of people but no one could provide any information. The police arrived and ordered them not to interfere. Later that day, Mr. Mkhosi and Mr. Ndlovu were summoned to report to Plumtree police station. They drove there and were confronted by a person, Mufundisi Dube, who alleged that he had been beaten. Both MPs were arrested and charged for common assault. After two weeks’ detention, when the case was called to trial, they were put on remand. The delegation understood that a hearing had been held the week before the mission and that the remand had been lifted. Mr. Mkhosi said that Mufundisi was at present in prison on charges of possessing a firearm without license and stock theft.
According to the police memorandum (March 2004), the arrival of the two MPs at the Council Office “did not go down well” with Mufundisi Dube, an altercation ensued and the two MPs assaulted him.
Mr. Mkhosi stated further that ZANU-PF accuses him consistently of having been elected by whites, but among the 30,000 voters in the constituency, there were only 40 whites.
Mr. Nyathi started by saying that the MDC and its MPs were overrun by the sheer quantity of cases which run into millions of Zimbabwe dollars. As to the cases that had been brought against him, he reported the following:
He was given two warned and cautioned statements for (i) insulting President Mugabe, and (ii) publishing a cartoon. They had not been forgotten and could come up at any time.
While the mass action was taking place from 7 to 11 April 2003, he was attending the treason trial against the Vice-President of the MDC, Mr. Gibson Sibanda. When he walked out of the court, he was arrested, taken to a police station and detained by non-uniformed officers of the Law & Order section. The arrest had occurred in public view and his lawyers had therefore been informed and arrived two hours later.
Mr. Gasela who, along with Mr. Tsvangirai and Prof. Welshman Ncube had been charged with high treason and discharged in August 2003, described in detail how the treason charges had come into being.
He then stated that in April 2002, the Governor of Midlands Province had called him, informing him that he had received a police report accusing Mr. Gansela of having recruited 100 youth for military training in Australia. Mr. Gansela who denies these allegations, called the Police commander and met with him and other officials. He learned that the report was inter alia based on statements he allegedly made at a meeting at which he had not even taken the floor. The delegation understood also that a person had been coerced by police to confess to the recruitment of youth. The story died down and no charge has ever been brought against Mr. Gansela in this respect.
3.4.1.Attacks prior to Mr. Chebundo’s election
Mr. Chebundo has been the target of several attempts on his life some of which occurred during the 2000 parliamentary election campaign in which he stood against Mr. Emmerson Mnangagwa, then