Paul Themba Nyathi in court for allegedly inciting army to revolt

By Violet Gonda
09 November 2006

A senior opposition official appeared in court Wednesday facing charges of allegedly distributing a document inciting the state security forces to rise up against Robert Mugabe. Paul Temba Nyathi from the Mutambara MDC is being charged under the draconian Criminal Law and Codification Act, for trying to persuade the army and the police forces to rebel.

Nyathi who is the party’s Director of Elections confirmed that he appeared at the Gwanda magistrate’s court saying; “The charges allege that I distributed subversive material. However the matter was not really tried because my lawyer subsequently applied for the matter to be heard in the Supreme Court because it is a matter that should be decided upon by the Supreme Court.”

He was remanded out of custody to 22 November.

The news website Zimonline reported that the state says the MDC official induced or attempted to induce members of the police force and army to withdraw services, loyalty and allegiance after he distributed a document to the public entitled: A Message To Our Armed Forces.

According to the website the document read in part: “Everybody knows somebody who is in the police force or army. Our police force and armed forces are also suffering as a result of the economic collapse.”

Although he couldn’t comment much on the matter for legal reasons Nyathi denied committing any offence saying; “I am accused of distributing those materials. But I am the Director of Elections and therefore it stands to reason that most material that are in anyway related to elections might be construed as having emanated from me.”

Nyathi said the charge is in violation of his constitutional rights that protect freedom of expression. He said the atmosphere nowadays is one where every Zimbabwean is under some form of threat or another. “If a Zimbabwean is not worried about the political situation he or she is worried about the economic situation that denies all of us access to cheap food.”

He added; “Unfortunately we live in a country where there is always an attempt to disable political opponents by abusing the legal system. So we are all under siege in this country. Be that as it may, I am not in any way worried because I know I have not committed any offence and I am waiting for my day in court.”