Read the latest statement from Zimbabwe Lawyers for Human Rights on the case of Munyaradzi Gwisai, Hopewell Gumbo and 43 other Zimbabweans who have been charged with treason:

Gwisai bemoans torture as Muchadehama challenges placement of activists on remand

Detained social justice activist Munyaradzi Gwisai on Thursday 24 February 2011 lamented the torture sessions to which suspects are subjected by state security agents as tragic and inexpressible.

Gwisai, who testified before Harare Magistrate Munamato Mutevedzi during an application for refusal of placement on remand for the 45 human rights activists filed by defence lawyer Alec Muchadehama disclosed in court that he, together with other activists, were subjected to torture sessions during their detention by the police at Harare Central Police Station.

Gwisai said the torture sessions were aimed at securing confessions from the activists which would implicate them in the commission of treason, a charge which they are facing in court.

In narrating his ordeal, Gwisai said he was tortured together with five other detainees in a room in the basement at Harare Central Police Station by nine state security agents who included some police officers who had arrested them.

During the torture sessions, which were recorded on video, the detainees were asked to recount what had transpired during their meeting which was held on Saturday 19 February 2011 in central Harare.

Gwisai said each of the six detainees received a series of lashes which were administered while they lay down on their stomachs. He added that he received between 15 and 20 lashes as the police and his tormentors sought to obtain confessions from him and the other detainees.

Gwisai said the pain which he endured and suffered as a result of the torture sessions was “indescribable, sadistic and a tragedy for Zimbabwe”.

The University of Zimbabwe labour law lecturer said it was extremely difficult for him to sit and walk because of the torture sessions he underwent together with other detainees.

Gwisai said the meeting held on Saturday was held to discuss ISO business and issues of democracy and constitutionalism and not to plot the toppling of the government as alleged by the police and prosecutors. He added that the meeting which was attended by HIV/AIDS activists was also meant to commemorate the life of a deceased HIV and AIDS activist, Navigator Mungoni.

Earlier on Muchadehama outlined the detainees’ complaints against the police.

The detainees’ lawyer said the arrest of his clients was unlawful as they were not advised of the reason/s for their arrest. He also advised that they were over-detained in filthy and stinking police cells. He said the detainees only knew of the treason charge when they finally appeared in court on Wednesday 23 February 2011 and no warned and cautioned statements were recorded in relation to the treason charge.

Muchadehama told the court that the police extensively subjected his clients to severe interrogation sessions where they attempted to coax some of the detainees to turn against their colleagues and be considered State witnesses.

He said some of the detainees were assaulted, brutalised and tortured while in police custody. The defence lawyer said the torture sessions were administered through assaults all over the detainees’ bodies, under their feet and buttocks through the use of broomsticks, metal rods, pieces of timber, open palms and some blunt objects.

In his application for refusal of remand Muchadehama argued that the facts as outlined by the State did not constitute the commission of an offence.

The matter continues on Monday 28 February 2011 when prosecutor Edmore Nyazamba, who applied for the placement of the detainees on remand, cross examines Gwisai. In the meantime, all 45 will remain incarcerated in remand prison in Harare and at Chikurubi Women’s Prison for the women detainees.

This from Bulawayo Agenda:

Riot police have reportedly invaded NUST after hearing that students have got a meeting to discus the issues of fees. The feeling of the police is said to be that the meeting may be connected to the Munyaradzi Gwisai saga. Reports are that Acting President of the SRC, Malvin Musvipo, and the Dean of Students have been taken by CIO for interrogation to prove whether the meeting is purely a student meeting with no political attachments. The students have maintained that it is a purely student meeting to discuss fees issues. The meeting is at 10am.

Question:

Which building would you be visiting in Harare, Zimbabwe if you encountered the following?

Broken windows
Dirty windows
Overpowering smell of urine from the toilets
Overgrown grass
Enough flies to feast on
Rubble outside the front doors
Beer can/coke bottle lying in the courtyard

Answer:

Harare Magistrates Court

I was there yesterday evening in support of a colleague who has arrested for attending a meeting. The charges are entirely spurious. Treason? For watching a dvd on the Egyptian protests and discussing them?

I felt dirty when I left court yesterday.

Not only from the effects of the shabby building, but also because I’d been in the presence of so little real justice.

The following statement from the Zimbabwe Lawyers for Human Rights further details the case against Munyaradzi Gwisai and the 44 co-accused:

Police on Wednesday 23 February 2011 charged International Socialist Organisation (ISO) coordinator Munyaradzi Gwisai and 44 social justice and human rights activists with treason.

Prosecutors sneaked in the charge of treason as defined in Section 20 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] or alternatively contravening Section 22 (2) (a) (i) of the Criminal Law (Codification and Reform) Act, that is attempting to overthrow the government by unconstitutional means. Lawyers for the 45 were only advised of the charges minutes before the court convened.

If found guilty of treason, the activists risk being slapped with a sentence of death or life imprisonment.

State prosecutor Edwin Nyazamba, who was assisted by one Mthombeni accused the activists of convening and attending a meeting in a boardroom at Cross Roads House along Julius Nyerere Way in Harare on Saturday 19 February 2011, where they allegedly organized, strategised to implement the removal of a constitutional government of Zimbabwe by unconstitutional means, in similar fashion to the Egyptian revolution, which resulted in the ousting of former Egyptian leader Hosni Mubarak.

The activists allegedly viewed video footage of the Egyptian protests and made speeches urging other activists in attendance to mobilise a revolt against the government in similar fashion to the protests which were recently staged in Egypt and Tunisia.

Prosecutors said the police who raided and arrested the activists confiscated a video projector, a laptop, and two DVD’s containing the Egyptian and Tunisian revolt recordings.

The State alleged that the police recovered placards with inscriptions which read “Choice is now socialism ISO” and “Marxism in the millennium MDC ndizvo”.

Defence lawyers Alec Muchadehama and Marufu Mandevere of Mbidzo, Muchadehama and Makoni Legal Practitioners, who are members of Zimbabwe Lawyers for Human Rights (ZLHR) protested against being ambushed in court as prosecutors only availed the charge sheet to them a few minutes before court proceedings.

Harare Magistrate Munamato Mutevedzi adjourned proceedings to Thursday 24 February 2011 to allow the defence lawyers to obtain instructions from the activists as they had not been afforded the opportunity to do so with regards to the new charge of treason which only cropped up when they were in court.

However, the principal prison officer, in contempt of the court, barred defence lawyers from taking instructions from their clients and transferred the activists to Harare Remand Prison and Chikurubi Maximum Prison.

The 45 activists are Munyaradzi Gwisai, Antonater Choto, Tatenda Mombeyarara, Michael Sozinyu, Eddson Chakuma, Hopewell Gumbo, Welcome Zimuto, Phillip Magaya, Prolific Mataruse, Godknows Biya, David Mupatse, Douglas Muzanenhamo, Ganizani Nunu, Reki Jimu, Josphat Chinembiri, Strutton Muhambi, Trevor Chamba, Clarence Mugari, Munyaradzi Maregedze, Willie Hlatswayo, Ian Muteto, Tinashe Muzambi, Tinashe Mutazu, Pride Mukono, Lenard Kamwendo, Tinashe Chisaira, Trust Munyama, Peter Garanewako, Elizabeth Makume, Megline Malunga, Daison Bango, Malvern Hobwana, Tashinga Mudzengi, Ednar Chabalika, Thokozile Mathe, Francisca Thompson, Masline Zvomuya, Nhamo Kute, Annie Chipeta, Tabeth Chideya, Charles Mubwandarikwa, Thomas Chibaya, Fatima Manhando, Blessing Muguzayaya and Robert Muhlaba.

I went to court this evening to support my colleague and the 45 other accused who are still in custody following a meeting of the International Socialist Organisation of Zimbabwe (ISO). The accused include Munyaradzi Gwisai and Hopewell Gumbo. All 46 were at court for a good hour before the Magistrate arrived, and then the lawyer for the prosecution looked surprised that the Magistrate – and the lawyers for the accused – wanted the accused persons to appear in the court. So it took another age before everyone was brought in, and named, and accounted for.

Meanwhile, the prosecution had sprung new charges on the accused at the last minute – the lawyers for the accused weren’t even aware of them until they all got to court. The surprise extra charge? Treason. Plotting to overthrow the government through unconstitutional means is now just the back up charge.

Meanwhile, the charges themselves feel flimsy as air. Allegedly, this group of 46 people got together, watched a DVD, listened to some speeches, and then developed plans as to how they were going to overthrow the government. Evidence of this includes DVDs of events in Egypt and Tunisia. And some placards with the ISO emblem on them supporting socialism with slogans like Marxism this year! And MDC Ndizvo!

Seriously. What thinking person can look at all of this and build a case of treason from it? Or even one of plotting to overthrow the government through unconstitutional means. Firstly, how is supporting Marxism or socialism treasonous – particularly when you think about the rhetoric of the post-Liberation Mugabe government! Never mind the fact that the MDC isn’t socialist or Marxist, so if you were really some Marxist revolutionary you probably wouldn’t be supporting the MDC. Never mind the fact that watching the DVD and having a discussion about it isn’t unconstitutional – in fact, the Constitution allegedly supports civic rights like freedom of opinion. Not to mention the sheer logistics – in the time between when the meeting started and when the police “responded to a tip off” (according to the charges) and raided it, there would barely have been enough time to watch a video and listen to some speeches. Imagine how long it would take 46 people to seriously develop plans to overthrow a government. And even the government’s evidence itself is patchy. One of the supporting documents of their case is the agenda of the meeting – where it was stated that the purpose was to show solidarity with workers in Tunisia and Egypt. Somehow in the Shona translation of the charges, this got turned into Chimurenga, but no one objected to that. In what society is expressing solidarity with workers treasonous?

Anyway, their charges having been read out, the accused were asked to raise their hands if they did not understand the charges. One by one at least five people raised their hands, until the Magistrate stopped the proceedings. He asked the lawyers for the accused if they should even be representing them if they hadn’t explained the charges to the clients. The lawyer asked how could they have explained the charges if this treason charge had just been sprung on them at the last minute. Fair enough, the Magistrate said, take some time and explain them to your clients; we’ll meet back here tomorrow. The Magistrate wanted 8:30, but the prosecution had another matter at 10, so after another power play back and forth they settled on 11:15. Meanwhile, these 46 have been remanded in custody for their fifth night. Understandably, they look tired and stressed and unhappy. How can you keep people in custody for five nights on such baseless charges?

I wanted the Magistrate to look at the lawyer for the prosecution and tell him what a useless knob he was. I wanted him to hear the charges and say there is no way there can be any grounds for a treason case in here, and dismiss the matter. I wanted him to laugh in that lawyers face and say Really? Treason? What dictionary did you use? This is absurd and it’s a waste of everybody’s time, and I want you to leave my court and never come back. I wanted the Magistrate to say there isn’t anything vaguely substantiated here, release everyone immediately and proceed by way of summons if and when you ever have a case against these people. I wanted those accused who had raised their hands to say they didn’t understand to be honoured as heroes. I wanted those 46 people to receive an apology, a sincere one, and to be sent home tonight.

Instead, justice got her face laughed in. From beginning to end the exercise was a distasteful charade of what justice is supposed to mean. The Magistrate’s court itself is dirty, cramped, smelly and rundown. If that’s the kind of court we have, is it any wonder we get rotten justice out of it?

A while ago, I came across a definition of feminism that said feminism was a declaration of the “presence of our (women) absence” and though I did not give it much thought at the time – recent events have made me mull over the sentiment.

The death of Thenjiwe Virginia Lesabe came as a shock to me; I admired the woman and had always secretly harboured hopes of meeting her one day; then writing a biography of her life. She’s not the only one, in fact, the book already has a title – “The heroines of our struggle” and it is my desire to preserve the unvarnished truth of women’s overwhelming contribution towards the liberation of this country.

I want to write about the female freedom fighters; about their courage and sacrifice about their lives and perhaps about those who died for this country.

I want to pen a book that speaks of women like Thenjiwe Virginia Lesabe but her untimely death now robs me of a story that I feel desperately needed to be told – to future generations, to present generations and also more importantly to proclaim that there were women in the frontlines of war too.

Increasingly the history of the struggle for liberation has become a story about men; it is a story about how certain men lived in exile, how they were imprisoned, how they sat at negotiating tables, how they fought and how they won the war.

It is a story that tells us nothing of the women who lived exiled besides these men, nothing of how these women were imprisoned as well, nothing of how these women fought too or how they also won the war. Of course it says nothing about how the women sat at negotiation tables; and why should it – the women weren’t there anyway.

The manner in which the story of the country’s liberation has been told, the narrations in textbooks, in interviews, in TV coverage of that era and the present day resoundingly declares the absence of women from the hard won achievement of gaining independence.

A case in point is how we’ve named streets only after male freedom fighters as if women had nothing to do with the liberation struggle. I stand to be corrected but as far as I know, the only woman who has a street named after her is Mbuya Nehanda and while she was an iconic figure during the colonial period – she hardly ranks as a ‘foot soldier’ – her contribution lies largely in her astounding role of the defiant spirit medium whose death galvanized many to take up arms and fight.

Not to diminish her role in anyway – I don’t think she ever fired an AK47 or took part in any form of combat but her luminous place in the history of our country’s struggle is well-earned. Now if the street names are anything to go by – does that mean Mbuya Nehanda is the only woman who merits mention when it comes to honouring those who immensely contributed to the liberation of this country?

I am not saying every single hero or heroine has to be made mention of because they are far too many to mention but I am wondering in the years to come – who will remember the other women – the silent unsung heroines of our struggle?

Who will even notice the presence of their absence in the annals of history?

Who will stop to rack their brain and state even one woman who fired a shot during the war or brought down an aircraft?

Where there no such women? In naming streets after heroic liberation figures; we immortalize their names and we guarantee that their names do not sink into oblivion. Not a day goes by when the name of Jason Ziyaphapha Moyo goes unmentioned because people make appointments to meet at a street named after him; George Silundika’s name remains on the lips of the public because they pass on addresses of buildings that are located on a street named after him.

In every city and town the same roll call of names is there – sealing forever in our minds and lips the great men who fought and died for the liberation of this country.

We have Herbert Chitepo, Josiah Tongogara, Samuel Parirenyatwa among many other fallen heroes honoured through streets, schools, hospitals, airports and so many other geographical features, structures and localities – but where are the women’s names?

Even in history books the omission goes un-noted. The presence of an absence goes un-captured. I recall using the text book, “People making history” in my secondary education over a decade ago and Mbuya Nehanda was the only prominent women whose name was mentioned in the pages.

I wonder now whether the authors should have not just titled the book “Men making history” because it is very misleading to have a narrative that is almost exclusively about men and their supposed “single-handed” liberation war exploits being masqueraded as a representation of “people” when it ignores the contributions and sacrifices of women.

30 years into an independent Zimbabwe and the presence of that absence has still gone un-remedied.

Every year, Heroes’ Day is commemorated and the media is awash with the same tedious video clips of men winning the war (without women) and of men being interviewed about events that occurred during that era (as if there were no women present) and at the end of the day it seems like the whole event is about celebrating the exploits of men.

When I heard of the death of Thenjiwe Virginia Lesabe; the woman who was instrumental in the creation of the Ministry of Gender, Women Affairs and Community Development and subsequently the first person to hold the post of Minister in that portfolio, I was devastated. Her death robs us of the chance to learn about the life, times and experiences of one of Zimbabwe’s most prominent female ex-combatants and sadly; a chapter goes missing in the unheralded tales of the heroines of our struggle.