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111th ASSEMBLY OF THE INTER-PARLIAMENTARY UNION - page 57 / 60

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CL/175/11(a)-R.2- 55 -

Geneva, 1st October 2004

1.13.6.Arrest for “Undermining Police Authority

In its memorandum of March 2004, the police state that on 12 January 2002, Mr. Madzore assaulted a member of neighbourhood watch committee who wanted to intervene in a fight between MDC and ZANU-PF supporters.  He was arrested and fined $ 2,000.- or 20 days in prison with labour.  

Correct facts:

Charge:C/S 21(1)(A) of the Public Order And Security Act, Chapter 11:17 “Undermining Police Authority”

Station and Ref.:Glen View CR 301/01/03

Circumstances:

On 12 January 2002, Poniwai Chirindo who is a member of the neighbourhood watch committee was at Glen View 4 shopping centre when violence between MDC and ZANUPF supporters broke out at about 18:00 hours. The complainant who wanted to intervene was confronted by the accused who then assaulted him with clenched fists and open hands. The MP was arrested and charged for the crime.

Current position:

The accused was fined $ 2,000.- or 20 days in with labour at court.

1.14.Mr. Job Sikhala, MP for St. Mary’s

1.14.1.Various cases brought against Mr. Sikhala

Mr. Sikhala first provided comments on the different cases referred to as pending against him in the police memorandum of March 2004.  The memorandum mentions a total of seven cases:  in two prosecution was declined and in one he was acquitted, in two he was sentenced and two cases are still pending.  

With regard to case 2 (assaulting ZANU-PF supporter Stephen Nyikadzino on 23 September 2001 and kicking him several times), Mr. Sikhala stated that this case did not exist and that Stephen Nyikadzino was an MDC member.  

Charge:Assault Common

Station and Ref.:St. Mary’s CR 23/9/01

Circumstances:

On 23 September 2001, and at house number 2884 St. Mary's, Chitungwiza, Job Sikhala assaulted complainant Stephen Nyikadzino with open hands and kicked him several times.  The complainant is a ZANU-PF supporter and the two had a dispute over political matters.

Current position:

Docket is still at Chitungwiza Magistrates Court pending set down.

Comment:

That the matter has not yet been set down for trial does not necessarily mean that the accused Job Sikhala does not have a case to answer.

Charge:Contravening Section 30(3)(B) of the Law And Order Maintenance Act, Chapter 11:07 “Unlawful Gathering”

Station and Ref.:Mabvuku CR 132/10/00

Circumstances:

On 7 October 2000, the accused held a political meeting in Mabvuku on October 15, 2000 without notifying the Regulating Authority as required in terms of the Law and Order Maintenance Act.

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