Friday, November 13, 2009

(NEWZIMBABWE) ZCTU chief freed as MP claims shock abuse of POSA

ZCTU chief freed as MP claims shock abuse of POSA
by Lebo Nkatazo
12/11/2009 00:00:00

A VICTORIA Falls magistrate on Thursday threw out public order charges against Zimbabwe Congress of Trade Unions president Lovemore Matombo and four others who were arrested on Sunday.

Matombo’s arrest came as legislators pushed for the amendment of the Public Order and Security Act which they say is being “abused” by the police.

Matombo, Michael Kandukutu, Percy Mncijo, Dumisani Ncube and Nhawu Ndlovu were arrested in the resort town on allegations that they had convened a public meeting with no police clearance.

On Thursday, their lawyer, Gugulethu Mahlangu, said the court threw out the matter for lack of merit.

“The magistrate said they have no case to answer. They have been released. They are free now,” Mahlangu said.

Last week, Movement for Democratic Change MP Innocent Gonese (MDC-T) moved a motion in the House of Assembly to bring a Private Members Bill for the purposes of amending POSA.

Gonese wants police powers under the law curtailed.
He gave statistics on the alleged abuse, which he said targeted opponents of President Robert Mugabe’s Zanu PF party. Most of the cases had collapsed in court, he said.

“I just want to give an example … that this legislation has been abused by the police,” Gonese said. “For instance, in 2003, there were 55 cases involving the arrest and detention of human rights defenders. Of a total of 855 human rights defenders who were arrested, 274 individuals were charged under POSA.

“However, none were successfully prosecuted by the state. So they were arrested, stayed in filthy cells and in most cases the police would oppose bail. They were brought to court placed on remand for up to 12 months and thereafter the charges would be withdrawn.

“In 2004, over 155 people were charged under POSA. Again none of them were successfully prosecuted.”

The MP said in 2005, 547 people were arrested and 52 charged under POSA.
“Again, none of them were successfully prosecuted by the state. The story goes on … in 2006 there were a total of 577 human rights defenders who were arrested that year. Of those, 164 were later released without charge. 55 were charged under POSA, and again, needless to say, none were successfully prosecuted by the state.”

Gonese claimed that in 2007, there were 1,927 cases and in 2008 14,146 individuals who were arrested -- but none were convicted in court.

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