CL/175/11(a)-R.2- 45 -
Geneva, 1st October 2004
He told the delegation that, apart from one daughter and one son who had received death threats, all other family members had been forced into exile for fear of their security.
No records of such incidence were reported to the police.
1.6.Ms. Pauline Mpariwa, MP for Mufakose
1.6.1.Attack on her house (March 2003)
Ms. Mpariwa stated that on 20 March 2003, 10 armed men and soldiers in uniform came to her house while she was not there. They broke into the house, beat up her relatives and took trade union materials, T-shirts etc. They ransacked the home, destroyed the kitchen and damaged other furniture, windows and doors. They said they would come back because they had not found her. Since then, she has had to relocate several times. For fear for her security, she cannot stay in her own constituency. She stated that she reported the attack to police. However, in their memorandum of 8 April 2004, the police state that there are no records of this case at Police Glen View and Marimba stations.
The police still reiterates that there are no records to this effect. The complainant should clearly state the station to which she made the report.
1.6.2.Arrest of January 2003
Ms. Mpariwa was arrested at her home on 20 January 2003 (19 January according to police) on the accusation of involvement in plans to organise a mass stay-away. She was held for two days. According to the police memorandum, she was arrested on account of addressing a gathering of 11 people without due notification under the POSA. The delegation understood from what she said that no charge has been brought against her and that the file regarding her never appeared. However, the police reports that the file is at Harare Magistrate’s Court and a trial date has not yet been set.
Pauline Mpariwa was arrested for contravening section 24(B) of the Public Order and Security Act Chapter 11:17, “Address Gathering Without Notifying Regulating Authority” under Harare Central CR 1518/01/03.
On 19 January 2043, at house number 8 Macherechesa Road, Mufakose, a house that belongs to Tsitsi Mikitayi, who is a member of the National Constitutional Assembly, Pauline Mpariwa who is the MDC member of parliament for the area addressed a gathering of 11 people without having notified the Regulating Authority of the area as required by the law. The meeting was to discuss strategies for a mass stay-away that was to take place on 21 January 2003.
Prosecution was declined due to the fact that house number 8 Macherechesa Street is not a public place.
That a charge was not brought against her is pure ignorance on her part on how the police and the justice system operate. The docket was referred by the police to the Public Prosecutor's office for his/her decision either to prosecute or not and in this case, he/she decided not to for the reason given that a house is not a public place.
1.7.Mr. Fletcher Dulini-Ncube, MP for Lobengula-Magwegwe