Geneva, 1st October 2004
1.0.The personal accounts of MPs concerned and information on their situation as contained in the mission report has been used in this response and Police position provided at the end of each case. In some of the cases the circumstances remain the same while updates have been provided in others.
1.1.Mr. Willias Madzimure, MP for Kambuzuma
1.1.1.Arrest under the Firearms Act
Mr. Madzimure was arrested on 8 June 2003 and charged under the Firearms Act with “pointing a firearm at a person”. According to police, a student at Kambuzuma High School had alleged that the accused, without provocation had pointed a firearm at him while he was walking along Kambuzuma Marimba Road.
Mr. Madzimure denied the allegation which, according to him had been entirely fabricated at the instigation, as the delegation understood, of the ZANU-PF candidate in the constituency. He said that police had come to his house on 7 June 2003 alleging that he was holding an illegal meeting. Although they had no arrest warrant, he invited them to search his house. They left when they found no evidence of a meeting. The following day, he was informed that he was wanted at the police station. He went there and was informed of the new accusation. He gave a statement in the presence of his lawyer, denying the allegation which, he said, the police did not believe themselves. The Police told him that they had to arrest him, having received “an order from above”. He was detained overnight without a charge having been brought against him. The next day, he was taken to court and released on bail. He said that he had been discharged on 1 March 2004 whereas according to the police memorandum of 8 March 2004 the matter was pending set-down date at court.
Willias Madzimure was arrested for contravening section 27(B) of the Firearms Act, Chapter 10:09, “Point a Firearm at a Person”. Marimba CR 87/06/03 refers.
On 7 June 2003, Simbarashe Shukhero, a student at Kambuzuma High School was walking along the Kambuzuma Marimba Road. He alleges that he met the accused along the way and the MP pointed a firearm at him without having been provoked. Police Marimba arrested the accused.
The correct position is that the accused was found not guilty and acquitted on 23 March 2004 contrary to the date given by Madzimure.
It must be noted that at no time was Willias Madzimure told by the officers who were investigating him that they were ‘acting on an order from above’ as alleged in the documents.
1.1.2.Stoning of his house
Mr. Madzimure reported, moreover, that on 23 May 2001 and then again on 24 and 25 June 2001, ZANU-PF supporters and youth attacked his house, destroying the roof, windows and doors. He lodged a complaint and the matter was still pending in court. However, according to the police memorandum, dated 20 April 2004, a youth known as George Mabvunyika was found guilty of malicious injury to property without provocation for throwing stones onto the roof of the house on 21 May 2001, thereby damaging some roofing sheets and a gutter. He was sentenced to 10 months’ prison with labour on 9 May 2002. Police reported another case against George Mabvunyika in which the latter is suspected of having broken windowpanes of Mr. Madzimure’s house on 21 October 2001.
(i)Report: Malicious injury to property
On 21 May 2001 at around 23:30 hours, a group of youth went to house number 1905, Section 5, Kambuzuma. The house belongs to Willias Madzimure. Among the group was one youth known as George Mabvunyika who is now an accused in this case. George Mabvunyika, without any provocation picked some stones and threw them onto the roof of the house thereby damaging some