Secretary for Justice and Legal Affairs MDC Alliance and lawyer Agency Gumbo has reported Zanu PF acting secretary for information, Patrick Chinamasa to the police for inciting public violence.
Gumbo said that he has filed a formal complaint against Chinamasa to the Zimbabwe Republic Police (ZRP) and the National Prosecuting Authority (NPA).
In his complaint, Gumbo says Chinamasa, Douglas Mahiya, Mike Bimha and Tafadzwa Mugwadi communicated with other people Intending by the communication to persuade or induce, others to commit a crime of public violence as defined In Section 36 (1) of the Code.
Gumbo compelled the police to open investigations against Chinamasa and his three accomplices.
IndAfrica publishes the full statement below:
INCITEMENT TO COMMIT PUBLIC VIOLENCE AS DEFINED IN SECTION 187 (1) (A) ARW SECTION III (1) ;37 (I) OF TOE CRIMINAL LAW CODIFICATION AND REFORM ACT (CHAPTER 9:13)
That on the 27. of July 2020, Patrick Chlnamasa acting in common purpose and at ZANU PF Headquarters with three other Individuals namely, Dougbus Mahiya, Mike Bimha and Tafadawa Mugwadi communicated with other people Intending by the communication to persuade of induce, others to commit a crime of public violence as defined In Section 36 (1) of the Code.
C. FACTS OUTLINE
On Monday the 27th of July 2020, the Defendant together with three other individuals acting In common purpose convened a press conference at the ZANU PF Headquarters situated in Harare with the Intention of communicating a message to the general public through various media platforms.
At the press conference, the Defendant acting in common purpose With his three accomplices read out loud a statement which commenced with a barrage of attacks on the Opposition Movement, the MDC Alliance, Civic Society and the United States Ambassador and his entire Diplomatic Mission, The Defendant with mischief, labelled the MDC Alliance a terrorist organisation while pleading with 2ANU PF supporters to reject what he terms. ‘Imposters like MDC Alliance and its Trojan horses’.
The Defendant further made remarks on the widely publicised and anticipated 31. of July 2020 protests in which Included Inter alia the following averments;
I. Zanu PF calls upon our supporters, cadres and sympathisers, wherever you are to remain alert and ready to defend yourselves, defend our people, their property and most importantly defend peace in your communities against these malcontents. These hired hooligans and hoodlums who rejoice of burning properties and looting
II. “What we are saying to our supporters, to our people, is that they must know that when they are being attacked, the law enforcement agents may not be near the scene of crime. they must know that in those circumstances, their first line of defence themselves and their families They have a legal and constitutional right to defend
V. The Defendant’s utterances have enjoyed a reaction by a group of machete and axe wielding ZANU PF youths who published a video on the 28. of July threatening acts of violence on the streets of Harare come the 31st of July. Further there has since the reckless utterances of the Defendant been a series of violent attacks against MDC Alliance members in Harare South by a gang of ZANU PF loyalists purportedly working under the instructions of the Defendant.
F. Possibility of further crimes being committed
The complainants have reasonable grounds to believe that the Defendant if not apprehended will together with his accomplices continue to instigate and stir their supporters to embark on wanton acts of violence against peaceful citizens exercising their constitutional rights on the 31. of July 2020. The Defendant’s utterances are indicative of an intention to command 2ANU PF supporters in acts of violence on the 31. of July 2020
I. The complainants respectfully pray that a warrant of arrest be urgently issued for the arrest of the Defendant and his accomplices.
II. The Zimbabwe Republic Police open an investigation Into the crime complained of
III. That the Defendant and his accomplices be placed under police custody to avert further perpetration of the offence In light of their 31st of July threats of violence against the public.