Bad news in Zim trial for ‘inciting public violence’ watching Arab Spring videos

Letter from Zimbabwe: Court dismisses acquittal application by the ’6 Egyptians’

Six Zimbabwean socialists are charged with “inciting public violence” (which carries a maximum penalty of 10 years’ imprisonment). Munyaradzi Gwisai, director of the Labor Law Centre, Tafadzwa Choto and Tatenda Mombeyarara, trade unionist Edison Chakuma, debt rights activist Hopewell Gumbo and student leader Welcome Zimuto were arrested on February 19 while meeting to watch video footage of democracy protests in Egypt and Tunisia (David Mpatsi, one of the 45 activists originally charged with treason for attending the film screening, died following a rapid deterioration in his health while he was imprisoned and denied medical treatment). The following letter by one of those charged, Tafadzwa Choto, explains the latest developments. For more background to the case, click HERE.
By Tafadzwa Choto, one the defendents
February 16, 2012 — Yesterday Magistrate Kudakwashe Jarabini dismissed our application for the discharge of charges of conspiring to commit public violence. Our lawyer, Alex Muchadehama had applied for discharge at the close of the state’s case on the basis that the state had failed to produce sufficient evidence to require putting us to defence. Magistrate Jarabini ruled that the matter should proceed to the defence case as the state had established a prima facie case against the activists tending to prove the commission of an offence. He did this without giving explanations of his ruling. The trial is set to continue on February 27 and hopefully we will finish giving our evidence on March 2, 2012, as we are now aware of the delaying and frustrating tactics that the state is champions of.
What happened yesterday shows that the state wants to continue with its harassment of any opposition voice. This is despite what transpired during the trial with the state’s “star witness”. He called himself Jonathan Shoko and said he is a police officer attached to Criminal Investigation Unit (CIU), but was exposed to be from the dreaded Central Intelligence Organisation (CIO) [secret police] and his real name Rodwell Chitiyo. He took an oath under a false name.
The main aim of this witness, who attended the International Socialist Organization (ISO) meeting, was to incriminate innocent people. The evidence by the star witness whose evidence the state is relying on lacked credibility. He did not only lie about his identity but also lied about what he alleges to have happened. It is punishable in Zimbabwe to lie under oath. It is interesting to note that during the time he was giving his evidence even the state-sponsored Herald newspaper was left with no option but to expose the star witness’s evidence had loopholes. The same magistrate could be seen laughing during the time “Shoko” was giving his hilarious made-up and rehearsed evidence. Any magistrate in an open and democratic society would surely have dismissed the case immediately.
When the magistrate was handing down the ruling he avoided looking at us — an indication that he was handing a ruling that had been decided by someone not him. When the ruling was delivered murmurs of disapproval could be heard from the court, which was full with ISO members and other sympathisers.
We have already witnessed the violent disruption of the 10th anniversary by the radical Women of Zimbabwe Arise (WOZA) on February 14 by police as they marched to the parliament with placards denouncing the police and calling on Zimbabweans to send tough love to their leaders.
Last week an academic lecture on “The global financial crisis and implication for the Third World: the case for Zimbabwe” that was scheduled to be addressed by Professor Patrick Bond from South Africa at a city hotel was stopped by police. Dozens of armed riot police were scattered outside the hotel turning away anybody who might be participants.
All this is to send strong message of intimidation by the unpopular ZANU-PF [Robert Mugabe's Zimbabwe African National Union-Patriotic Front] as we move towards the proposed constitutional referendum and possibly the elections this year. The draft constitution that was released last Thursday by COPAC says that “a person is disqualified for election as President if he or she has already held office for one or more periods, whether continuous or not, amounting to 10 years”. This is against what ZANU-PF wants. At its congress last December it endorsed Mugabe as its presidential candidate, yet he has been in power since independence in 1980.
The intimidation is meant to silence any opposing voice as we move towards the climax of Zimbabwean political crisis.
Yesterday we were saddened by the ruling, not only for our fate but for the fates of all Zimbabweans who are willing to fight against the system. Already there are seven MDC [Movement for democratic Change] activists who have been languishing in prison since May 2011 for the alleged murder of a police officer, yet the real murderers are walking free. If courts can no longer operate professionally but are decided by political interests, we ask ourselves where we are heading to as a country? Though we had hoped to celebrate the first anniversary of our arrest on February 19 as free people, we remain optimistic that we will sail through especially with the support that we continue receiving from our families, friends, comrades in Zimbabwe and throughout the world.
As we move towards February 27 we are intensifying with the campaign to put the government under pressure to drop the charges against us and we appeal to comrades outside the country to help us in doing this. The ruling showed us that the state can do anything and if pressure is not put on them we will find ourselves sent back to Chikurubi or remand prisons. We are appealing to comrades to help us raising funds for the intensified campaign we are now running before and during our defences in court.
Aluta continua!
Viva, socialism viva!