Court orders chief to pay Z$25 million for detaining MDC candidate

By Lance Guma
19 October 2005

The ongoing election petitions continue to deliver drama but no real legal victories. The judges are conceding to the truth in various allegations namely food for votes, intimidation and violence perpetrated by Zanu PF. Sadly though, they are refusing to overturn the disputed ‘victories’. On Wednesday that’s exactly what happened. The High Court ordered a traditional chief to pay Z$25 million in civil damages after he illegally detained an opposition candidate, Douglas Mwonzora for addressing a rally in his area. The ruling is not expected to influence the electoral court challenge however, given the indifference shown by the judges so far.

Justice Samson Kudya ruled that Chief Saunyama in Nyanga had indeed detained Mwonzora with the assistance of several bodyguards at Nyatate Business centre, the venue for the rally. The incident took place in the run up to the March parliamentary elections. The Opposition candidate was bundled into a truck and taken to Nyanga police station where the group insisted the police detain him for addressing an ‘illegal’ rally. Police however refused and instructed the chief to send Mwonzora back to Nyatate.

Although Mwonzora had initially decided not to sue, thinking the chief was just ignorant, he changed his mind when Saunyama called a meeting of 14 village heads under him, and threatened punitive action if they allowed opposition rallies. This convinced him the actions were carefully planned. Under the controversial election, Mwonzora lost to Zanu PF candidate Paul Kadzima. The result is also being challenged in the electoral court on account of alleged massive violence and intimidation.

Earnest Mudzengi of the National Constitutional Assembly has described the ruling as an attempt to cover up for biased judgments by the present compromised judiciary. The piecemeal judgments were clearly meant to give a semblance of justice in a system notorious for bias.