Activity Reports from Mashonaland Central and Manicaland
Thu, 08 Oct 09 21:18
Gladys Kalonga and Thokozani Bote
Mashonaland Central activity report, 5 – 9 October 2009
Public Hearing – Fact Finding Mission
Introductions
The Bindura fact finding mission was mainly aimed at assessing the situation of the victim villagers who fell victim to eviction from a place they had known as home their entire lives. The foothills farm is the place and the villagers are being evicted on political grounds and specifically because they participated in a ROHR Zimbabwe demonstration and that they are supporters of the MDC. The delegation comprised of Programmes and Networking Director Clifford Hlatywayo, Information and Advocacy Director Ronald Mureverwi, Mashonaland Central Field Officer Gladys Kalonga and MDC Representative Peter Mabika. There were 22 participants at the Ray Suburbs in Bindura. The visit was on Monday 5th October 2009
Aims and objectives of the visit
• Fact finding on the prevailing situation
• Ascertain the nature and extent of problems faced by the evicted families.
• Gather views on how ROHR Zimbabwe could possibly help.
The victims
There are 26 families who were evicted from the foothills farm. The main driving force behind their eviction are the fact that they are MDC members and had taken part in the election times as MDC election agents and that they had participated in the ROHR Zimbabwe demand for Justice and Democracy campaign demonstration in Bindura on 1 December 2008.
Submissions from the victims
From the deliberation done during the fact finding session and from the interviews conducted, it was emphasised that the ZANU PF regime is determined to wipe out any opposition supporters from the community. The victims lamented how the ZANU PF leaders in the area had influenced the decision in support of their eviction citing incidents where the magistrate had been seen at a local hotel with ZANU Pf
leaders and supporters a day before the ruling was made. The victims are suffering much and their children have since dropped out of school owing to lack of income, and the families do not have the basic needs of food and shelter.
Achievements
ROHR Zimbabwe managed to get first hand information on the evictions that are taking place in Bindura. ROHR Zimbabwe also managed to get clear expectations from the evicted families and they also were able to determine the actual causes of the evictions.
Challenges
The evicted families expected the ROHR Zimbabwe delegation to immediately assist them and the fact that the delegation did not have any form of assistance at hand meant that ROHR Zimbabwe did not fulfil
the immediate expectations of the victims.
Recommendations
• Victims be helped with lawyers to represent them in further court sessions
• That family support projects be identified and extended to them
• That there be a programme of assisting them pay school fees of their children
• That they be provided for with books and any other educational support material
Overall rating – very successful
Conclusion
People in Bindura are suffering much at the hands of ZANU Pf despite having signed an agreement and forming a unity government with The MDCs. There are quite a lot of victimisation taking place in Mashonaland central and it seems as if ZANU PF wants to create a previous perception of the province being declared a no go area for opposition forces hence the victimisation of all people perceived to be anti ZANU. This calls for major programmes in the communities which will strengthen the current crop of human rights defenders and empower new ones so that the dream of transforming Zimbabwe into a democracy can be achieved.
For ROHR Zimbabwe Mashonaland Central
Gladys Kalonga (Field Officer)
Manicaland Province Activity Report, 28 September – 02 October 2009
Chipinge South Member of the House of Assembly Hon. Meki Makuyana was suspended from Parliament following his conviction and 18 months imprisonment sentence for kidnapping two ZANU PF supporters last year in Chisuma village of ward 29 in Chipinge South.
The suspension was confirmed by the Clerk of Parliament, Mr. Austin Zvoma who is a ZANU PF loyalist. Hon. Makuyana was convicted together with Chipinge South Councillor for ward 29, Hardwork Masaiti and two other MDC activists Wedzerai Gwenzi and Simon Chaya by Chipinge magistrate Mr. Samuel Zuze who is also a ZANU PF apologist. Hon. Makuyana was suspended without benefits and any other privileges accorded to a Member of Parliament. He no longer attends Parliament sessions and is not allowed to sit in any Parliamentary committees. He is the third Member of Parliament from MDC-T to be suspended from Parliament in Manicaland Province among them Hon Shuwa Mudiwa of Mutare West constituency and Hon Mathew Mlambo of Chipinge East. They are all out on bail pending appeal against both the conviction and sentence.
This has been the barbaric way in which ZANU PF is behaving as it desperately hunts for ways of trimming the opposition’s majority in the august house. Chipinge District, and by extension, Manicaland Province seems to be the main ZANU PF focus and target because since time immemorial, it has been supporting the opposition. The times of Ndabaningi Sithole and ZANU Ndonga bear testimony to this. Although Hon. Makuyana is the third to be suspended from Parliament in the Province, and the second in Chipinge District, other MPs have different cases to answer in courts and as long as there are sympathetic ZANU PF Judges like Zuze, they stand chances of being convicted.
Behaviours like these are sharply against the spirit of the Inter-party political agreement signed between the three main political parties. These MPs do not have real cases but they were merely arrested on trumped up charges so that they could be jailed and open spaces to accommodate ZANU PF people should there be any by-elections which ZANU Pf seeks to terrorise. This can never result in the actual national healing desired by Zimbabweans as those who perpetrated the actual human rights crimes are walking free while the victims are languishing in jails. As ROHR Zimbabwe Manicaland, we demand that those who perpetrated violence for whatever reasons under whosever’s influence should be brought to book. The actual national healing process should be based and built on truth, justice and compensation.
For ROHR Zimbabwe Manicaland
Thokozani Bote (Field Officer)
Programs Department
Last Updated ( Thu, 08 Oct 09 21:25 )
ROHR Zimbabwe holds Public Hearing in Bindura
Thu, 08 Oct 09 01:00
administrator
ROHR Zimbabwe yesterday (5th October) held a public hearing in Bindura to establish facts from the inhabitants on the precipice of an imminent eviction from Foothills farm under the ongoing chaotic farm invasions by ZANU Pf supporters. More than 30 family heads attended the public hearing representing over 700 inhabitants.
It was a nerve racking experience learning the brutal first hand information from a people that have suffered so much pain, agony and loss at the hands of a few callous men that believe they are more superior and deserving than other human beings.
Sitting listening to the testimonies of the worst human rights violations in this day and age seemed like turning back the clock to the horrific slave trade era. To think that men and women over the ages of 65 years could be forced farm labor refused to sink. For what its worthy the justification of the inhuman treatment is premised over political grounds emanating from a clique with war credentials that believes in rewarding itself and holding at ransom those that are deemed to be outcast from the party that brought the liberation struggle to Zimbabwe.
All the victimization and persecution is in itself not the end but a means to an end. The weaponry is denial of the fundamental human rights, right to decent shelter, right to live in peace, right to safe clean water, right to live a dignified life, right to education, right to state security, right to a fair trial, right to decent working conditions, right to life. All these fundamental rights have become a far cry and have since been substituted with a chaotic environment of uncertainty, fear and psychological torture.
The oppressors clearly know that they are fighting people riddled in poverty without resources to hire expensive lawyers. No matter how loud their victims can cry, it falls between the rocks. The police have assumed a pre determined positions in favor of the oppressors.
To that part of the country, the government of national unity is a non event. A participant at the hearing said,’ self proclaimed war liberators like Webster Bepura, cde Sato, Ruston Ngandu and Jacob Chiripanyanga believe that they are still running this country, there is nothing like a government of national unity’ hence the resolve to exercise their power on the vulnerable and trampled.
First it was punishment for participating as voting agents for the Movement for Democratic Change (MDC), then for participating in a peaceful march by ROHR Zimbabwe in a campaign to demand democracy and justice from the government and head of state.
Systematic series of trumped up charges on the grounds of theft of farm equipment are the order of the day as punishment for resisting illegal eviction.
An operation to weed out workers who worked for the white farmers followed. Typical of the ZANU Pf hate speech and slogans a discriminating term was coined to refer to those who worked for white farmers and
considered members of the MDC, ‘mabritish.’ Resisting illegal eviction has come with a steep price of a multi faceted man made crisis.
Homes have been destroyed by heartless youth militia, livestock looted, attempts at growing crops has been met by herds of cattle unleashed to graze as deliberate stifling efforts to deny food security, donor aid groups have been barred from giving assistance and school children have not been spared.
Despite all the suffering, the inhabitants of foothills farm have not given up on the place they have known as home their entire lives, a place that is linked to their fore fathers, their birthright. Some had their fathers coming as far as Malawi and Mozambique.
What pains them most is the sacrifice of sweat and blood that they have tendered towards the development of their community let alone the knowledge that the place is designated to be a growth point. Through community owned development schemes the residents molded more than 10 000 bricks towards the building of a school and clinic and suddenly a few individuals impose themselves and demand their ouster because the party they belong to does not subscribe to the 21st century ideals of a democratic society in which people with different political backgrounds can co- exist in peace and harmony. ‘’We cannot suffer because of one new comers who cannot live well with others. We are prepared to work with people who tolerate others for the development of this country” said Luckmore Langton.
ROHR Zimbabwe noted the following appeals that were directed to the government and other well wishers, aid humanitarian organizations, donors and individuals:-
· Need for a fair trial to be heard under the law without discrimination as guaranteed by the Zimbabwean Constitution and International law. The call follows shocking revelations to ROHR Zimbabwe that the judgment made by Judge Chakanyuka on Friday the 2nd of October was passed in the absence of the defendants and defense lawyers were only called to collect a ruling from the clerk of court.
· Need to reverse the unfolding circle of the illegal eviction of farm workers at the hands of the new often violent farm occupiers as this would set in motion a dangerous precedence considering the fact that there are hundreds of families/households facing the same circumstances country wide.
· The Zimbabwe Republic Police should conduct their duties professionally and accept reports without discriminating on political ground, investigate and bring to book criminals who violate the rights of vulnerable citizens like farmers workers with impunity. No one is above the law and every citizen regardless of political affiliation is entitled to the right to state protection.
· Assistance in settling legal fees that are now an excess of US 17 000 stretching from December 2008 when the trial opened. The people in question do not have a sustainable income to cater for their basic requirements such as food let alone legal fees.
· Need for law enforcement agents to put to an end to the intimidation and victimization currently instigated by ZANU Pf supporters on innocent people who are now living in constant fear of their lives.
· Intervention to support food security and providing capacity for small scale sustainable projects to bolster livelihoods and improve standards of leaving. Inhabitants are barred from engaging in small scale gardeningwhich is their only available source of survival. The US $ 10 they earn as salary is a far cry to carter for the daily needs for a standard family 4.
· Providing clean safe water. For more than two years inhabitants have been drinking water from unprotected wells which leaves them in danger of cholera outbreaks and other water borne diseases.
· Ensuring the availability of decent shelter suitable for human beings. Demolished houses are in need of renovation to restore rooftops, windows, doors and electricity. Inhabitants have been discriminated from occupying houses with electricity under the new farm settlers.
· Need to teach the inhabitants about their constitutional and fundamental human rights, how to protect, defend and demand human rights at community level. There is need to provide capacity for the community to assume the watchdog role on human rights abuses and getting involved in governance issues as long term measures aimed towards a culture of respecting human rights.
· Need to initiate counseling programs that encourage psychological healing and eradication of fear.
Financial assistance to ensure the right to education for all children on the farm.
From the information Department of Restoration of Human Rights (ROHR) Zimbabwe
Last Updated ( Thu, 08 Oct 09 01:03 )
|
Magistrate rules in favor of the eviction of 26 families under mysterious circumstances
Mon, 05 Oct 09 22:42
administrator
In a highly controversial development magistrate Chakanyuka on Friday 2nd October ruled in favor of the eviction of 26 families from Foothills farm, 15 km from Bindura along Matepatepa road. The judgment was based on a default judgment of 11th September this year in which the applicant Ruston Ngandu sought to evict the respondents. Independent critics including the defence lawyers have expressed shock and disapproval towards the ruling and it has been slammed as lacking merit and biased even under the scrutiny of a layman’s eye. Defense lawyers representing the 26 families have noted with concern that magistrate Chakanyuka, did not take into consideration their submissions before she handed out her judgment. In their argument Bonyongwe and partners representing the 26 families argued that Foothills farm was not resettled and it is meant to be a township with space for a school, clinic and commercial ground for shops. They further argue that the default judgment of 11th of September is null and void since their clients were not officially served. Further, Ruston Ngandu did not produce any legal documents in the form of title deeds or valid offer letter to prove that the area in question was allocated to him by the government. An eye witness who refused to be named, revealed to ROHR Zimbabwe that magistrate Chakanyuka was seen the night before the court ruling at Kimbery Refey, a local hotel in Bindura in the company of a notorious war veteran comrade Sato Webster Bepura who is also evicting farm workers from foothills farm, Mashonaland Central governor advocate Martin Dina and Acting Area Public Prosecutor Mr. Gini, raising fears that the ruling to evict the 26 families was a result of interference on the bench by supporters of ZANU PF. Commenting on the outcome, ROHR Zimbabwe’s secretary general, Tichanzii Ganganda said the ruling was a smack on the face of justice and it represents the manipulation of the law by those with influence to deny fair trial to vulnerable citizens. Magistrate Chakanyuka is set to decide on the fate of another 50 families facing eviction from Carse farm when their case continues on Friday the 9th of October. Meanwhile Binyongwe and Partners are set to submit an appeal to the High court to challenge the ruling by magistrate Chakanyuka.
From the information Department of Restoration of Human Rights (ROHR) Zimbabwe
For Peace, Justice and Freedom
Last Updated ( Mon, 05 Oct 09 22:45 )
ROHR urges the government to stop the continued displacement of farm workers on seized farms
Sat, 03 Oct 09 11:49
administrator
FROM THE INFORMATION DEPARTMENT OF RESTORATION OF HUMAN RIGHTS ZIMBABWE (ROHR) Carse Farm
50 families are facing eviction from Carse farm, 20 km from Bindura. Ruston Ngandu who took over Carse farm wants the 50 families off the farm as he deems that their presence is disturbing his farming activities.
Magistrate Chakanyuka heard the case at the Bindura magistrate courts on 28th September and deferred ruling to 9th October. The 50 families, whose lives are hanging by the line and face the likelihood of becoming destitute if evicted, are being represented by Human Rights Defenders Lawyers Bonongwe and Partners.
Douglas Ruwihi spoke with ROHR Zimbabwe and believes that their eviction case is politically motivated as Ruston Ngandu is punishing them for being supporters of the Movement for Democratic Change. Mr. Ruwihi told ROHR Zimbabwe that since 2002 when the farm was taken from a Robert Kascoe, they have been going through hell. Their homes were burnt during the infamous Operation Murambatsvina in 2002 and they have been experiencing a series of intimidation and attacks aimed at frustrating them to leave the place that they have known as home throughout their entire lives. ‘Our lives will be destroyed if the court rules in favour of Ngandu. We have lived here all our lives and we have nowhere to go. ‘Our fathers came from Malawi and Mozambique’ said Douglas Ruwihi.
Margaret Mukunga from the same group said they have resorted to sleeping in the graveyard at night as a way of escaping victimization by their new farm occupier. Their roofless houses are no longer safe for human inhabiting as they are exposed to cold and mosquitoes at night. She expressed fears of contracting malaria from mosquito bites. Margaret Mukunga told ROHR Zimbabwe that over 200 children at the farm are not going to school as the parents are finding it hard to source income; the only little money they are getting is going towards the payment of legal fees. So far they have paid a total of US$1900 legal fees through selling maize, brewing and selling beer.
Foothills Farm
Meanwhile, Magistrate Chakanyuka is also expected to deliver a ruling today in a case in which former mayor of Bindura Webster Bepura is seeking the ouster of 26 families from Foothills farm, 15 km from Bindura along Matepatepa road. The 26 families are being represented by Bonongwe and partners under the Human Rights Defenders program which is aimed at providing legal assistance for the vulnerable citizens who find themselves unable to defend their constitutional and fundamental human rights.
Speaking on behalf of the 26 families, Luckmore Langton says hell broke loose when they participated in the 2008 harmonized elections as voting agents for the Movement for Democratic Change (MDC). Since then they have been targeted in a crack down on supporters of the MDC. Langton has lived at Foothills farm since 1986 and he accuses the former mayor of Bindura, Webster Bepura of destroying their homes, property, livelihoods and barring them from carrying out small scale gardens on the farm which are their sole source of income. He bemoans the life that they are now living compared to how they lived before the farm was taken away from David Bailey in 2002.
He says they used to afford school fees and transport to send their children to school 11km away but now they can only struggle to send the children as far as grade seven from their US$10 monthly earning. There is no water and electricity at the nearby school and clinic which leaves high fears of a cholera outbreak looming.
Mean while, a war veteran, Jacob Chiripanyanga is also evicting Lazarus Marunga, Lainos Zakeo, Gift Mhembere and Fanuel Musona. This follows an incident this month in which the four were assaulted and had their homes destroyed when they were attached by a group of ZANU PF youth in the company of Jacob Chiripanyanga.
ROHR Zimbabwe’s Position on the eviction of farm workers
We note with grave concern that the plight of farm workers in the hands of the new farm settlers has gone unnoticed by both the inclusive government and the law enforcement authorities. Farm workers throughout the country have suffered immense human rights violations ranging from denial of the right to a decent shelter, food, state protection, clean water, right to education and right to decent standards of living under the continued farm invasions.
It is deplorable that the new farm settlers have resorted to illegal systematic violent intimidation campaigns that are aimed at frustrating farm workers and forcing them away from their homes. For the eviction battles to end up in the courts, the farm workers would have shown unyielding resistance to the illegal eviction often characterized by inhuman and degrading frustrating tendencies.
The acts of impunity against farm workers have mainly been instigated on political grounds by ZANU PF supporters and youth militia as punishment to those deemed to be affiliated to the MDC in the form of organized violence, destruction of property and livelihoods.
AS ROHR Zimbabwe, it is our position that farm workers, like any other citizens of Zimbabwe, have inalienable fundamental human rights inherent to the human fraternity from birth as guaranteed under the Zimbabwean Constitution, the Universal Declaration of Human Rights, the Bill of Rights and the African Charter on People’s Rights and Freedoms.
ROHR Zimbabwe calls upon the Ministry of Home Affairs to urgently launch an investigation in the handling and welfare of farm workers on all farms where there has been transition from one owner to the other. The core ministers of the home affairs ministry Kembo Mohadi and Giles Mutsekwa should discourage the police from assuming partisan roles and stick to ethical and professional standards when handling cases that are politically motivated and involving the eviction of vulnerable farm workers.
In the understanding what the national healing seeks to achieve, it is our view that the ongoing victimization of farm workers is an anathema to finding a lasting peace among communities that are still smarting from the painful legacy of March-June 2008. The three political parties under the coalition government should therefore take heed of the agreements they made under the Global Political Agreement, that is, to guarantee the rule of law, respect for human rights and establishing a conducive environment that allows a democratic society to thrive – where people freely expressing their views, associate and engage in political activities without fear of persecution.
The coalition government should also make genuine efforts to dismantle the infrastructure of organized violence which is still in tack throughout rural Zimbabwe’s ten provinces. It is our considered view that people will not open up to an independent constitution making process and to the national healing exercise under the prevailing politically charged environment, given the violence that characterised last year’s bloody election in which more than 200 people were killed. The Inclusive Government has a duty to and can STOP the suffering and lawlessness.
Last Updated ( Sat, 03 Oct 09 11:52 )
|
