Justice Nicholas Mathonsi’s exposure of what he described as “a living example of an injustice” justifies the revulsion with which Zimbabweans received the shocking “deal” struck between Zanu PF and the two MDC formations, effectively sweeping under the carpet human rights atrocities committed against the people of this country.
In a move viewed by many as the MDCs’ Great Betrayal, the two former opposition parties capitulated to Zanu PF pressure to accept that political and human rights crimes committed before February 13, 2009 should be forgotten about — dead and buried — despite whatever evidence may exist and in spite of the pain that victims may still be suffering.
Patrick Chinamasa, the Justice minister and custodian of the Human Rights Commission Bill under which the rotten deal was struck, told protesting legislators that there was no going back on that pact because it had taken two years to negotiate.
Chinamasa is one of the Zanu PF negotiators that successfully convinced the MDC teams of negotiators, including Tendai Biti, Elton Mangoma, Priscilla Misihairabwi-Mushonga and (then) Welshman Ncube that the Gukurahundi massacres, Murambatsvina of 2005 and the murders and other crimes associated with the bloody 2008 presidential rerun elections should be considered water under the bridge.
Justice Mathonsi’s candid exposure of that “excuse of a trial” in Gokwe vindicates the outcry from relatives of the multitudes that were slain in the 2008 horror election, survivors of the post- independence carnage in Matabeleland and victims of Murambatsvina.
While the MDCs chose to betray Tonderayi Ndira and hundreds others that perished for the cause of their parties, Zanu PF continues to stand firm on the side of their supporters — in Parliament, at the GPA negotiating table and even in the courts of law. The shocking prostitution of justice in the Gokwe trial whose outcome Justice Mathonsi, in his review report last week, said was a “glaring absurdity” which cried “out to the sky for intervention”, is a case in point.
The judge summed well the travesty of justice in the opening remarks of his review. He said: “The impunity of a cabal of 13 political zealots, the complicity of law enforcement agents, the lamentable misuse of the prosecutorial authority bestowed on public prosecutors and the disinterest of the trial court all rolled together is the epitome of all that should not happen in our criminal justice delivery system.”
The case involved 13 Zanu PF activists who, 10 years ago, in 2001 set up a torture base at a school in rural Gokwe where they terrorised perceived opposition party supporters and ended up brutally killing two people whom they accused of being members of the MDC.
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Although police witnessed both murders and recorded the deaths — including names of the murderers — the case only came to trial two months ago at a regional court in Gokwe where the prosecutor and the magistrate appeared to have connived (there is no other explanation) to prefer a lesser charge of culpable homicide in a case Justice Mathonsi says was clear murder.
Curiously too, only two out of the 13 people, whose names were known, ended up appearing in court. One of them was acquitted in one of the most baffling court decisions ever made.
The murderer who ended up being convicted of culpable homicide was also acquitted in the second case because the magistrate said he could not connect him to the death of his victim because the police did not bring the postmortem report of the slain woman to court.
But as the learned judge observed, while the police did not present the postmortem report in court, the prosecutor too did not ask for it and the magistrate made no effort to have it produced. That is despite evidence adduced in court from witnesses whose statements were not disputed, clearly showing how the woman was murdered in broad daylight and in the presence of police officers.
If this does not show clear politically-induced connivance to set free the Zanu PF murderers, then what would?
Even as the country heads for another election, the MDC parties, whose supporters sacrifice life and limb, decide to strike a pact with Zanu PF where cases of political violence should not be investigated!
The Gokwe murder scene as potrayed in Justice Mathonsi’s review report is sickening.
There is this “cabal” of “political zealots” led by one James Muromo and his co-accused, Zebron Matarirano, accusing a bus conductor, Shepherd Tigere, and a villager, Rambisai Nyikadzinashe of being MDC supporters.
The activists, 13 of them, then proceeded to murder the two villagers using whips, chains, knives, sticks and logs. In the case of the woman, Muromo and others held the woman’s legs apart, while Matarirano assaulted her on her private parts using sticks and whips before they went on to fatally assault her all over.
The trial heard that: “Whilst she was being assaulted, she asked for some drinking water, and one of the accused’s colleagues urinated in her mouth, and that when the drinking water was brought, another accused person’s colleague urinated in that water and she drank it.”
Witnesses said police arrived at the scene and tried, unsuccessfully, to “beg” the murderers to stop.
Justice Mathonsi said: “It really leaves a sour taste in the mouth, as it suggests that the police just stood akimbo as innocent victims were bludgeoned to death in their full view. In my view, the police should do a lot of soul-searching if they are to sustain any credibility in the eyes of those whose safety and well-being they are sworn to safeguard.”
The judge added: “. . . the circumstances of this case are an indictment of our criminal justice system. Gruesome offences were committed right under the noses of police officers. In fact, one of the victims (the conductor) actually ran from his assailants to hide behind a police officer. This did not deter the assailants from dragging him from there and severely assaulting him inflicting fatal injuries.”
Muromo, whom that pretence of a trial found guilty of only one count of culpable homicide, was sentenced to nine years, three of which were suspended.
Unfortunately, even when the judge noticed all these discrepancies, there is nothing he could do except to refuse to confirm the trial and the sentence. The murderers have literally walked free, thanks to the apparent politically-induced connivance of the police and court officials.
MDC supporters can therefore not be very happy that besides this blatant prostitution of justice, their parties now seem to connive to further protect their killers.
