The Zimbabwe Republic Police plans to arrest the MDC Alliance President Nelson Chamisa, it has emerged.
The main motive is to punish Chamisa for his refusal to accept the job offer passed to him by his own opponent Emmerson Mnangagwa.
This was first revealed in televised deliberations during the Motlanthe Commission over the 1 August killings.
During the hearings, the police general Godwin Matanga announced saying that Chamisa is guilty of inciting violence.
He then went on to say that Chamisa’s only way out of guilt is to accept the job given him by his very opposite during the 2018 elections, Emmerson Mnangagwa. The supposedly advertised job is that of Leader Of The House, an offer which Nelson Chamisa scoffs at saying it means nothing as he already holds it.
But whichever swing that is, there was drama yesterday when Mnangagwa practically ‘handed over the job’ to election loser Thokozani Khupe.
Said Matanga:
“So really up to this hour I still feel that it would be very improper for me to arrest the leader of the opposition party in the name of Nelson Chamisa because not too long ago when our State President was in New York attending some conference that he also extended some own relief where he was going to propose to his parliament to open a special office to accommodate the opposition leader.
“And I still feel today the doors are still open and it will be very improper for me to arrest him.
“But at the same time I would want to say crime does not rot like meat.”
An except of the deliberations is below:
COMMISSIONER CHIEF EMEKA ANYAOKU (To witness)
Q. Just a few questions. First is there any law that empowers the police to do something
about inciting public violence?
A. The law is there. Fortunately we had a seminar a week before the Election Day which was conducted by the Chairperson of the Zimbabwe Electoral Commission Justice
Chigumba at one of our conference rooms and it was very clear and it’s still very clear
that the Electoral Act did not allow people to incite violence.
Q. So it’s a law on which the police have never acted. Would that be right to say that?
A. Can you come again?
Q. Would it be correct to say that the police have never really acted on this law?
A. Going back to history I borrowed some facts from within the continent where by
arresting a leader of the then opposition party could have worsened the situation. I
will tell you a clue whereby queer situation where more than a 1000 people died
during the election period and to go further it is already known that the lawyer of the main opposition leader in Kenya Roila Odinga by the name Silas Jaracumba if I am not mistaken was in the country to advice our main opposition leader on how to proceed with actions which took place on the 1st of August. When I got that
information unfortunately he had left the country on the 31st of July going back to
Kenya. So really up to this hour I still feel that it would be very improper for me to
arrest the leader of the opposition party in the name of Nelson Chamisa because not too long ago when our State President was in New York attending some conference that he also extended some own relief where he was going to propose to his parliament to open a special office to accommodate the opposition leader. And I still feel today the doors are still open and it will be very improper for me to arrest him.
But at the same time I would want to say crime does not rot like meat. The records are there to tell and anytime he can be arrested if the time permits.
Q. The people who died as a result of 1st of August violence have you been able to
establish whether they all died from gunshots from the army alone or was there any
fatality to police gunshots?
A. Our investigations have not come up with the culprits involved. And for me to say
these people were shot by the army it will be very unfair because I was expecting to
get evidence in the form of cartridges or bullet heads only to read through the papers
that there are Zimbabwean citizens who do have these cartridges and through the
Commission I am appealing to them to come forward so that investigations can be
carried out.
COMMISSIONER GENERAL DAVIS MWAMUNYANGE (To witness)
Q. Based on the intelligence that you might have collected before 1st of August did you
foresee the occurrence and extent of the violence that took place on the 1st of August?
A. Unfortunately from the time of the election date and even before was announced by
the State President, people, political leaders were campaigning peacefully to include
Nelson Chamisa and his party. And I if I do recall its on record it is the first time
when the opposition party was allowed to have their main rally in the Africa Unit
Square. According to our plans which we discussed together with the opposition
convenors and I want to say and to remain on record that at the end of their rally we
did not record any mishap. So with that in mind but of course I was not seating on to
say it was peaceful but I can assure you the situation was reasonably comfortable,
peaceful up to the end of the ballot dates. So we were then expecting results from
ZEC and of course they were fishers that certain individuals wanted to announce the
results before the official board ZEC could do it which again is a serious offence. So I
want to say before the Commission the situation was very comfortable and
considering that the people had voted up to the end peacefully at some point I did not
expect the violence which took place on the 1st of August to take place.
Q. When violence erupted on the 1st of August did you make any attempt to contact the
leader of the opposition and other institutions?
Turning to the Public Order and Security Act, after the approval by the President was
there any need for the Defence Forces to operate under the regulating authority for
Harare?
A. Definitely yes. If it was on a normal operation the members of the Defence Forces
were supposed to come down to the regulating authority who was then Chief
Superintendent Ncube to be given instructions. Of course a situation which did not
take place.
Q. Does that mean there you agree with the witness who came early on the regulating
authority for Harare that that section of the law was not complied?
A. Mr Chairman this questions is coming from a specialist in the Constitution.
CHAIRMAN KGALEMA MOTLANTLE
Q. You are protected.
A. He is asking me to spit hell here. It’s now here nor there when it comes to law but
then of course it was not done but it was not done deliberately. That one I must
accept.
COMMISSIONER LOVEMORE MADHUKU (To witness)
Q. I accept that I think I took your words in here. Correct me if it is not correct. Your
language says that the normal process could not be followed because they was no time
for that process. You are saying again that regard that you couldn’t then follow those
provisions because there was no time for it?
A. That is surely Mr Chairman if the time was there this channel was going to be
followed for sure.
Commissioner you have told this Commission that when your request to get the army
to assist was granted they was no time to go back to the regulatory authority so are
you telling this gathering that it is you who said the army could go? You gave the last
word?
A. Can you come again madam so that I can answer correctly.
Q. I am saying according to procedure it was supposed to be the regulatory authority as
stated by Assistant Inspector Ncube that he was then supposed to command the army
to go. I am saying since there was no time to go to the authority was it then you who
sent the army out, who commanded rather?
A. Mr Chairman I can’t run away from the fact it’s me.
Q. What was your instruction to the Forces? What did you instruct them to go and do?
A. The deployment of the army like I already indicated was to make sure that these
demonstrators were not going to run over the Rainbow Towers which was
accommodating the Command Centre, secondly the ZANU PF National Headquarter
where in normal circumstances our Ministers are housed. The ZEC officers, the ZEC
offices themselves where Justice Chigumba and the rest were accommodated and
lastly the ZANU PF provincial headquarters along Simon Muzenda Street. Along the
way and it was very clear for me that I would not know what will happen in between
because the town was already on fire.
Q. When the town is on fire what would you specifically state to the army that goes? Did
you just tell them just go and do what you can do or they was an instruction?
Unfortunately through the Chair it’s like I am going through a jungle. I will not be
too sure whether one will encounter an elephant, a lion or whatever but only to say
please try to be careful the situation is not favourable. Just what I said to the
commander of the army.
Q. So in other words there was an open instruction for them to use their discretion within
their training abilities?
A. I wouldn’t say an open instruction because in day to day training program there is
what they call military aid to civil power. And there are trained to quail out
disturbances of that nature which took place on the 1st of August. And to say it was
an open instruction I would not take that. No.
Q, The reason why I am asking is because we heard all the witnesses coming but it looks
like the public want to know who gave instruction, who said what, when the shootings
happened who had said go and shoot. That’s why I am trying to ask?
A. Through the Chair, right now I cannot even tell you who were part of the 5000, 4000
demonstrators who were in town. So for me to say they were going to do this at cnr
Chitepo and Simon Muzenda Street it was going to be very difficult for me. But as
trained officer I would and even right now I would still feel that that was not a
situation which they would not be able to quail.
Q. But in your own assessment was the power or the force used commensurate to the
events that were happening?
A. Depending on what corner we are looking at this situation from. From a civilian point
of view for those who were viewing it on television and for those who were going on
to the actual ground the assessment will be different but without maybe provoking the
bereaved families I still believe that minimum force was used because I know that our
Defence Forces are armed with AKs. If those arms were carelessly used I can assure
you we could have counted 1000 bodies in Harare central.
COMMISSIONER RODNEY THOMAS DICKSON (To witness)
Q. Commissioner General I just need you to clarify this point because I thought I heard
you saying loud and clear that there was no space for discussion because of the
urgency of the situation. That meant that you couldn’t place the Defence Forces that
were coming in under your command? They maintained a separate command under
the Defence Forces. Am I wrong in that understanding?
A. As I have already said, when authority was granted for me to invite the Forces mostly
all the Forces were on the ground and these colleagues of ours also did come to assist
us and to say there was this possibility of them meeting to discuss on how to go
forward I would lie to the Commission, there was no time for that. Like I have already
indicated these demonstrators were not on one place they were all over town and if I
remember my officers also were very much in danger the same as maybe those who
lost their lives.
Q. So to be clear there you did receive command of both your Forces and the Defence
Forces that joined them on the ground.
A. I did because I was getting information from individual offices who were at different corners of the town. So to say I did not I will be lying. I was on top of the situation.
Q. When you take command as my fellow Commissioner asked you you gave orders as to how they should conduct the operations in quailing the demonstrators is that what happened?
Is there any possibility from your investigations so far that individual soldiers acted
outside of the law for framework that you have now told us about? They acted as
individuals unlawfully is there any possibility of that?
A. I was told that some members of the ZDF appear on social media in some kneeling
position but that is not enough for me to say this is the person who killed that
particular person. I am not in that position until investigation is completed.
Q. I asked about that particular question because we saw the videos of the person
kneeling, what we also saw is what appeared to be a commander appearing to be
telling the person by hitting on the shoulder to stop shooting. That’s why I was asking
the question whether there is more information at this stage?
A. Unfortunately Mr Chairman for that commander to get to that position of restraining
his colleague definitely I would want to leave that one to that particular officer
otherwise I would say something wrong on his behalf.
Q. We appreciate the investigations are going on, can you clarify whether or not it’s the
military doing those investigations or its solely the police. Sometimes there is a
difference of jurisdiction?
A. Whilst I don’t want to talk on behalf of the ZDF I know there is a department they call
Military Police I want to believe that they could be carrying out their own
investigations but in the ZRP for sure my CID department is investigating, the Law
and Order department.
Q. Do you know whether they have interviewed the families of the deceased or those people who were injured yet?
there any possibility from your investigations so far that individual soldiers acted
outside of the law for framework that you have now told us about? They acted as
individuals unlawfully is there any possibility of that?
A. I was told that some members of the ZDF appear on social media in some kneeling
position but that is not enough for me to say this is the person who killed that
particular person. I am not in that position until investigation is completed.
Q. I asked about that particular question because we saw the videos of the person
kneeling, what we also saw is what appeared to be a commander appearing to be
telling the person by hitting on the shoulder to stop shooting. That’s why I was asking
the question whether there is more information at this stage?
A. Unfortunately Mr Chairman for that commander to get to that position of restraining
his colleague definitely I would want to leave that one to that particular officer
otherwise I would say something wrong on his behalf.
Q. We appreciate the investigations are going on, can you clarify whether or not it’s the
military doing those investigations or its solely the police. Sometimes there is a
difference of jurisdiction?
A. Whilst I don’t want to talk on behalf of the ZDF I know there is a department they call
Military Police I want to believe that they could be carrying out their own
investigations but in the ZRP for sure my CID department is investigating, the Law
and Order department.
Q. Do you know whether they have interviewed the families of the deceased or those
people who were injured yet?