Chiwenga implicated in Aug 1 shootings

HIGH Court judge Justice David Mangota has implicated Vice-President Constantino Chiwenga in the August 1 post-election shooting, ruling that the former Defence minister deployed the soldiers, who killed seven civilians in Harare’s central business district.

By Everson Mushava

Chiwenga was the Vice-President in charge of the Defence and War Veterans ministry when the soldiers opening fire in Harare’s crowded streets, killing seven and injuring several others.

Mangota nailed Chiwenga, while dismissing a case in which Allison Charles and Counselling Services Unit had dragged President Emmerson Mnangagwa to court seeking the disbandment of the Commission of Inquiry led by former South Africa President Kgalema Motlanthe on the grounds that the appointing authority was conflicted in the matter.

Charles claimed Mnangagwa had the constitutional powers to deploy soldiers and could not set a commission of inquiry into his conduct.

But Mangota said Charles was simply “trying his luck” because facts on the ground and at law exonerated Mnangagwa and that the unfolding of the events were as clear as “night followed day”.

He said the claim that Mnangagwa was conflicted was frivolous and not backed by facts.

“The circumstances of the events of August 1, 2018 unfold themselves in a manner which is as clear as night follows day. They run in the following order,” Mangota ruled.

“(a) a commotion started in the central business district of Harare; (b) the officer who commands the district assessed the magnitude of the commotion as measured against the strength of the personnel which was then at his disposal; (c) he approached the Police Commissioner-General whom he appraised of what was obtaining; (d) the Police Commissioner-General approached the minister under whose supervision he operates; (e) the minister, in turn, approached his counterpart in the Defence ministry; (f) he, in turn, dispatched members of the defence forces who worked under the command of the regulating authority of the district of Harare.”

Mangota added: “The above-stated matters expose the incorrectness of the applicants’ syllogism. They proceed on the premise that, because the Constitution confers power on the President to deploy, he deployed members of the Defence Forces on August 1, 2018. The correct position of the matter is that he did not.”

He said Mnangagwa did not deploy the soldiers and thus did not violate section 214 of the Constitution.

“He (Mnangagwa), in other words, did not owe a duty to report to Parliament matters which did not arise out of the power which the Constitution confers upon him. His moral duty which arises out of what occurred on 1 August 2018 was/is to set up the commission of inquiry which he established on September 14, 2018.

“He remained alive to the fact that Zimbabwe and the world deserve a clear statement of the causes of the violence and the need on the part of the country to define as well as prevent such unfortunate occurrences in all future elections. The commission which he set up will, in the fullness of time, unearth those.”

He said a finding has been made to the effect that the first respondent Mnangagwa did not deploy members of the defence forces onto the streets of Harare.

Justice Mangota also defended the inclusion of University of Zimbabwe lecturers – Lovemore Madhuku and Charity Manyeruke. He said Madhuku had nothing to benefit or lose by being part of the commission.

19 Comments

  1. Comment…The learned judge is simply saying that Guvheya is stuck in coup detat mode. He is the strongman and ED is a puppet president. Pasi nejunta

  2. Justice Mangota did not implicate Vp Chiwenga for anything. In the whole statement, he does not say whether the deployment was wrong or right, which question both president Mnangagwa and General Pv Sibanda have already answered on this year’s defence forces day. Why don’t we wait for the commission to finish its investigations and we will listen as it presents its findings according to all the terms of refference given to it? Izvi zvekurwisanisa vatungamiri vedu hazvina chazvinotipa. Vakambopareiko ivo Vp vedu vakabvira kushandira nyika yedu vazvhinji tisati tazvarwa? Why don’t we wish him a speedy recovery from his illness insteady. Dai tanga tangosiana nemakuhwa anoparadza.

    1. urimbwa iwe duzvi chairo, what are u defending there. l ddnt even read yo whole comment coz u are fieces. very stupid

      1. shunguhadziurayi mangarayi

        Iwe Nharo ndiwe utori duzvi and kwete remunhu asi rembwa. Who told you that everybody must agree with your so backward thinking? Its you who is very stupid. You reason through your anus empty headed fool.

    2. Utaura zvisina basa Chiwenga ngaende kujeri simple akauraya vanhu vasina mhosva

    3. @Farai – why defend the indefensible? There is no point. Look at points e and f – (e) the minister, in turn, approached his counterpart in the Defence ministry; (f) he, in turn, dispatched members of the defence forces who worked under the command of the regulating authority of the district of Harare. Clearly says dispatched members of the defense – who – the person name in point e who Chiwenga. Easy to understand you would think. But not for some people.

  3. Comment…unopenga nhire utikwanire

  4. Comment…The two main actors, ie Guvheya and Busi Moyo in the coup are likely to be declared national heroes very soon and laid to rest at the national heroes acre. Usatambe nababa vaChatunga. Recall the Zambian president the late Levi Mwanawasi? Hokoyo ED.

  5. Comment…People akakonzeresa akakonzeresa nhire dont support evil manners

  6. Mdc supporters please, look at yourself and try to make a thorough introspection. Avoid arguing just for the sake of it and don’t be rude and abusive for nothing. The judge we are talking about hear was never mandated to aportion any blame with regard to the 1 August events and to believe he is now implicating someone is actualy an insult to My Lord. He is not part of the commission investigating the issue and that is a fact. His only mandate hear is to determine whether president Mnangagwa is conflicted so that he is not eligible to appoint a commission of enquiry and that is axactly what he did and nothing else. Siyanai nenyaya dzamusina ruzivo nadzo muende kunovhiya mbudzi.

  7. Comment…nhre good coment wgona ipapo

  8. This Farai J More character is a pure joke who has his head stuck so far inside zanupf’s butt hole he talks real kakas

  9. Ayaaas and you are stuck in chamisa’s butt……an alliance of hurigenzi.

  10. All the judge said was that the involvement of the army was procedural, not irregular. If one or two rogue soldiers crossed the line to kill civilians, they can be dealt in court-martials and/or civilian courts and can be sued personally by relatives of the victims. The army itself can also be sued. But I do not see how Chiwenga can charged and/or sued personally when the judge outlined that it was all procedural unless there is corroborated evidence that he personally instructed the deployed soldiers to shoot to kill, which is mostly unlikely and even harder to prove. It’s also strange that reporter only chose to mention Chiwenga by name when it could also have mentioned then Home Affairs minister Obert Mpofu by name because “the Police Commissioner-General approached the minister under whose supervision he operates; (e) the minister, in turn, approached his counterpart in the Defence ministry; (f) he, in turn, dispatched members of the defence forces who worked under the command of the regulating authority of the district of Harare.” Has someone something personal against Chiwenga? And the fact that “dispatched members of the defence forces . . . worked under the command of the regulating authority of the (police) district of Harare” all but clearly Chiwenga. So, it could all be sound and fury signifying nothing which the MDC always falls for.

    1. Stupid thinking ZANU Moron.

  11. bollox you false news

    oh what a shocker, oh im so shocked kkkkk

  12. chiwenga must go

  13. So if the events were “as clear as night followed by day” why need a commission of inquiry?

  14. guys ini i think thers nothing wrong pakuti munhu apewo pfungwa dzake pano asi chondinetsa ndechekuti unoona vamwe vanhu vakutuka munhu aisawo pfungwa dzake uuuu handifungi kuti zvakanaka izvozvo kana usingawirirane nepfungwa dzake unongodzirambawo zvakanaka kwete kutuka munhu nekuti tese hatimbofa takada munhu umwe chete asi umwe neumwe anemunhu wakewo waanofarira saka haisi mosva kuti ini ndoda Mnangagwa iwe unoda Khupe asi pazvose tiri mhuri imwe saka ngatiregei kutukana ivo vatungamiri vedu vanotosangana vachikwazisana nekumwa pamwe chete kana vouya kwatiri vanoramba kuti hatisikuonana ndodzinonzi politics hadzidi kudziita dzekumba kwako

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