High court orders soldiers in rural areas to return to barracks

By Tichaona Sibanda
29 May 2008

A High court judge has ruled that the Zimbabwe Defence Forces should order all its soldiers deployed in rural areas to return to their barracks, according to a weekly independent paper.

The Financial Gazette reported on Thursday that Justice Chinembiri Bhunu issued the interim order last Friday, following the filing of an application by Buhera West MDC MP elect Eric Matinenga.

Matinenga had petitioned the High court to act against the deployment of troops after the 29th March elections, saying the presence of soldiers in rural areas, particularly in his constituency, was unconstitutional and violated the provisions of the Defence Act.

Members of the Defence forces, aided by Zanu-PF militias and war veterans, have caused mayhem in rural areas where they have displaced over 50 000 villagers from their homes. 50 MDC activists have also been killed in the state sponsored violence that erupted after the elections.

Both the army and the regime deny the presence of soldiers in rural areas, but Matinenga was able to identify serving soldiers who came and disrupted his victory celebrations in Buhera West.

In his application, Matinenga, who was represented by Innocent Changonda and Chris Mhike of Artherston and Cook, names members of the army and where they have been deployed in his constituency.

‘On 13 April, 2008, I attended a victory celebration party in my constituency. Members of the defence forces appeared and interfered with the celebrations. I confronted them and one of them, who I believed to be the leader of the group by the name of Major Sosve, told me that we were not supposed to be hosting the celebrations. He told me that he did not recognise and respect an MDC victory,’ Matingenga wrote.

The MDC claims it has information that about 200 senior army personal were deployed in and around the country to campaign and mobilise for Robert Mugabe.

A retired army Colonel Bernard Matongo, said while the court ruling looks like good news he doubts the defence forces commander has the power to order his forces out of the rural areas.

‘First of all it was an executive decision to order them into the rural areas, so their commander-in-chief, Robert Mugabe, is the only one with the power to order them back to the barracks. And I don’t see that happening because he badly wants to win this election at all costs, even by killing or maiming people. He doesn’t care,’ Matongo said.