Maravi

(HERALD) Prosecutions are not persecutions

Prosecutions are not persecutions
By Bhekizulu Sibanda

WHEN is it going to register in the minds of the MDC-T leadership and their supporters that the prosecution of their legislators facing various charges is part of the rule of law which is different from the political persecution they allege. Persecution they claim is meant to cut their one-seat advantage in the House of Assembly.

It has become the norm for those in MDC-T to whimper at every opportunity about how Zanu-PF is responsible for the ‘‘persecution’’ of their members. I wonder how, since the police who pick up the legislators fall under the co-shared Home Affairs Ministry that also has an MDC-T minister, Giles Mutsekwa, can be accused of being at the beck and call of Zanu-PF?

I find it highly irresponsible for the MDC-T leadership to imply that legislators from their party should be above the law, and should not be hauled before the courts if there are complainants accusing them of violating their rights.

Addressing party supporters at White City Sports Stadium over the weekend, MDC-T leader Morgan Tsvangirai had no kind words for President Mugabe, whom he accused of continuing to prosecute MDC-T members.

This comes against a request by the MDC-T Masvingo Urban House of Assembly Member Tongai Matutu, who appealed to the three principals of the Global Political Agreement to set free convicted MPs amid fears that the party could lose its slender majority in parliament.

Firstly, it would appear the MDC-T concern is that of maintaining a majority in parliament as opposed to seeing justice being delivered. It’s high time MDC-T leaders learn to accept the truth without politicising it. It is also time the party separated issues and stopped calling individual crimes party crimes. Calling for the pardoning of suspects because one is an MDC-T MP would set a bad precedent especially from a party that claims to uphold democracy and the rule of law.

Secondly, Matutu — as a qualified lawyer — should be in better stead to know the implications of his statement. Matutu is clear on the apparent separation of powers and asking for the judiciary to immediately withdraw, reverse and quash all convictions and pending prosecutions is mischievous. He knows that is interference with the administration of justice. The judiciary should be left to function without interference from the legislature or the executive.

It becomes more preposterous for Mr Tsvangirai to join the bandwagon and insinuate that his legislators continue to be prosecuted for crimes they did not commit. The judiciary has no special treatment for individuals who break the law. In future the MDC-T should take time to assess the calibre of people they endorse as candidates for the polls.

The MDC-T leadership continues arguing that Zanu-PF members have committed worse crimes but have not been prosecuted. The Attorney-General’s Office has been accused of continuously applying the law selectively. Assuming that is true, should MDC-T members commit crimes without comebacks simply because Zanu-PF officials have committed worse crimes? Do two wrongs make a right? More so, if MDC-T leaders are in possession of evidence to this effect, why aren’t they presenting it to the police so that the Zanu-PF officials can be arrested?

The answer is simple: It is all hot air.

If this is the MDC-T’s attitude towards judiciary then people can be forgiven for thinking the party is after the office of the Attorney- General for the wrong reasons. They want the current Attorney- General discharged so that they can put their figurehead who will not prosecute MDC-T members whenever they commit crimes.

To date the following legislators have been convicted:

l Matthias Mlambo, Chipinge East, Manicaland, was convicted of inciting public violence and sentenced to 10 months in prison.

l Meki Makuyana, Chipinge South, Manicaland, was convicted of kidnapping a minor and sentenced to 12 months in prison.

l Shuah Mudiwa, Mutare West, Manicaland, convicted of kidnapping a minor and sentenced to seven years in prison.

l Ernest Mudavanhu, Zaka North, Masvingo, convicted of abusing subsidised farming inputs from the Government and sentenced to 12 months in prison.

Given that the above listed MDC-T legislators were actually convicted by the same courts that acquitted other MDC-T legislators, the allegations of persecution become baseless. The judiciary stands vindicated. It, therefore, means that these legislatures are only being prosecuted and not persecuted as claimed by those at Harvest House.

There is an old adage that says everyone is innocent until proven guilty and the same may be said about the above named legislators who were tried in separate cases throughout the country.

What then is the MDC-T’s argument? Are they also going to accuse the magistrates of persecuting them and being pro-Zanu-PF? It’s ironic because these magistrates turn out as patriots of democracy overnight when they rule in the MDC-T’s favour.

As for the other legislators who are yet to be convicted, Thamsanqa Mahlangu, who is being accused of stealing a cellphone. It should be noted that a high level of dishonesty was displayed here. Questions one would ask are, was the phone planted on him unknowingly, was it all right for the minister to keep quiet when a public announcement was made that a phone was missing when he had it with him?

In another case, Kwekwe Central legislator Blessing Chebundo is being tried for rape. His case has no political connotations and the law should be allowed to take its course. It is totally imprudent to suggest that the rape victim, who is also a minor, is part of a ploy to frame the legislator. No parent in their right mind would want their child to go through the ordeal of court appearances in order to fix a political opponent no matter how loyal to a party that individual may be.

As Attorney-General Johannes Tomana correctly pointed out in an interview, his role is to ensure that an accused person is brought to trial regardless of political affiliation.

The MDC-T should embrace reality and if they know of any Zanu-PF legislators who have not been prosecuted, then this is the time for them to be brought before the police together with all evidence for prosecution.

If then the Attorney-General deliberately skips the docket then it can be put on record that AG Tomana broke the precepts of justice and should be impugned.

Labels: COURTS, PROSECUTIONS

posted by MrK @ 5:55 PM