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CL/175/11(a)-R.2- 41 -

Geneva, 1st October 2004

roofing sheets and a gutter.  A report was made to the police and investigations were instituted leading to the arrest of George Mabvunyika.  The accused appeared in court and was sentenced to 10 months in with labour on 9 May 2002.

(iii)Report:  Malicious injury to property

At around 21:30 hours on October 21, 2001, it is suspected that George Mabvunyika went to house number 1905, Section 5 Kambuzuma and broke an unspecified number of window panes valued at $ 330,00.  Case is still under investigation under Warren Park CR 389/10/01.  This case occurred before the accused was sentenced for malicious injury to property mentioned above.

1.2.Mr. Tendai Biti, MP for Harare East

Mr. Biti stated that he had been first arrested in February 2000 and acquitted in court.  He was again arrested in February 2003 in Mabvuku suburb together with Mr. Paul Madzore, when he was about to address a rally (see also below under 1.13.).  He was held for three days in detention, the court refusing to place him on remand.  According to the “Playing with fire” report, he was discharged on 10 February 2003.  

The police memorandum of 8 March 2004 provides information on the February 2003 arrest only.  It states that Mr. Biti addressed a political rally at Kamunhu Shopping Center in Mabvuku without due notification under the POSA.  Contrary to the information above, the police stated that the case was at court pending set down of trial date.  

Correct facts:

Tendai Biti was arrested and charged for contravening Section 19(1)(A) of the Public Order and Security Act, Chapter 11:17 “Unlawful Gathering”, Mabvuku CR 93/02/03 refers.  Circumstances are that on 8 February 2003, the accused person in the company of other MDC supporters gathered at Kamunhu Shopping Centre in Mabvuku for a political rally.  The accused addressed the gathering.  He had not notified the regulating authority in terms of the Public Order and Security Act.

Current position:

Docket is at court pending set-down of trial date.  That the accused was discharged by the court has not yet been communicated to the police by the court.

From 2 to 4 June 2003, he was again arrested and detained on account of participating in a mass action.  He said that he and others were made to lie on the ground and were strip-searched.  He was released on bail of $ 20,000.- and treason charges were brought against him.  He has to report on remand every day to the police.  

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