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NewsDay

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Parly puts Section 121 under spotlight

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Mutasa South MP Misheck Kagurabadza says the controversial Section 121 subsection 3 of the Criminal Law Procedure and Evidence Act does not only affect politicians, but innocent children as they endured the pain of having their mothers unfairly incarcerated. Kagurabadza (MDC-T MP) told Parliament last week the law affects politicians, civic society members, labour leaders […]

Mutasa South MP Misheck Kagurabadza says the controversial Section 121 subsection 3 of the Criminal Law Procedure and Evidence Act does not only affect politicians, but innocent children as they endured the pain of having their mothers unfairly incarcerated.

Kagurabadza (MDC-T MP) told Parliament last week the law affects politicians, civic society members, labour leaders and even innocent villagers.

Kagurabadza made the remarks while debating a motion by MDC-T chief whip Innocent Gonese to seek permission from the House of Assembly to bring in a private members Bill to amend the Criminal Law Procedure and Evidence Act, Section 121 by the repeal of sub-section 3.

MDC-T MPs said the law allowed the Attorney-General and his staff to invoke the section to ensure suspects remain in detention for seven days without bail.

Civic society activists like director of the Zimbabwe Peace Project Jestina Mukoko and Chimanimani West MP Lynette Karenyi have been arrested and that section was invoked and they were unfairly incarcerated for days leaving their children deprived of quality time with their mothers, said Kagurabadza.

Mukoko was taken away in the middle of the night while her children watched and Karenyi was detained during the Christmas period depriving her children from enjoying Christmas with their mother, he said.

Kagurabadza said villagers in Mutasa South were arrested and detained under that section for allegedly overturning one of the popular Zanu PF jingles Nyatsoteerera unzwe kutonga to Nyatsoteerera unzwe kupenga, and after being detained they were found not guilty.

Magwegwe MP Felix Magalela Sibanda said Zimbabweans were very good at photocopying draconian laws and some of them came back camouflaged with new names.

These draconian laws have progressed 32 years after independence and Zimbabweans are very good at photocopying laws which should not be used in any democratic society, he said.

We find ourselves with laws like the Public Order and Security Act (POSA), which, during the Smith Regime, was the Law and Order Maintenance Act (LOMA), but has now come back camouflaged as POSA, and why support such laws?

He urged Zanu PF MPs to support the amendments saying tables might turn and the same laws might end up being used against them.