Zimbabwe
Tsvangirai: 'I have no case to answer'

afrol.com, 11 October - Movement for Democratic Change (MDC) President Morgan Tsvangirai addressed journalists at his home today. Yesterday afternoon, he had been approached for questioning by the police, and he entered CID Headquarters of his own volition. He was informed that there are no charges filed against him. Earlier, the three MDC Parliamentarians arrested on Sunday were released, after the Magistrate's Court dismissed their case as baseless.

MDC President Morgan Tsvangirai was contacted by the police yesterday. They asked him to come in to the CID Headquarters for questioning. Tsvangirai complied and went with his Personal Assistant, Gandi Mudzingwa, and his attorney, Innocent Chagonda. The three men returned two hours later. He spoke to the investigators there, but was never under arrest. No charges have been filed against him, and he remains free to move about as he pleases.

Tsvangirai was approached with a "statement of warning," offering five reasons why the police might seek his arrest. The five reasons centered around his statement at a rally last Saturday, in which he warned President Robert Mugabe that the people might choose to over throw him violently, if he does not exit of his own accord.

Police argue that Tsvangirai's statement was incendiary, and meant to incite violence. They say that this violates the Law and Order (Maintenance) Act. Tsvangirai and his attorney, Innocent Chaognda, however, contend that no law has been broken. Tsvangirai, as the leader of the opposition party MDC, was addressing Robert Mugabe, leader of Zanu PF. As fellow political party leaders, the MDC argues, the are expected and encouraged to debate issues, and even renounce each other when necessary. Thus, the MDC argues, Tsvangirai has no case to answer to.

Future action is now up to the ZRP and the Attorney General's office. The police must compile their case, and the responses of Tsvangirai and his attorney, and present both sides to the Attorney General's office. The Attorney General will then make a decision as to whether any future action is to be taken.

MDC MPs Released - Charges Dropped
Three MDC Members of Parliament, Justin Mutendadzamera (Mabvuku), Job Sikhala (St Mary's) and Tafadzwa Musekiwa (Zengeza), were released yesterday morning, after the Magistrate's Court dismissed their case as baseless.

The three were taken into police custody late Sunday night (October 8), on allegations that they had violated the Law and Order (Maintenance) Act. The police argued that statements made by the three at rallies in Mabvuku and Chitungwiza on Saturday urged the people to over throw President Robert Mugabe. The MPs were held at Harare Central Police Station yesterday and this morning. The Attorney General refused to send the case to court on Monday, as the police had not correctly filled in the charges. He said that the charges filed by the police did not correspond with the sections of the law they referred to.

The police returned to the Attorney General yesterday with accurately filled in forms. After less than an hour at the Magistrate's Court, however, the case was dismissed by the Courts without even hearing the case. The Magistrate refused to hear the case, as he said the three had no case to answer. Innocent Chagonda of Atherstone and Cook served as the attorney for the MPs. He said that the docket has been closed on the case. While the police could petition to have the docket reopened if they found further evidence, he thought such a possibility unlikely.

A jubilant Job Sikhala addressed a small crowd of journalists and supporters immediately after his release. Standing with Musekiwa and Mutendadzamera he assured his supporters that they were not frightened by the events. "In fact," he said, "we are returning to our constituencies immediately to gather our supporters around us. We are going to intensify our campaigns. This was a sort of political baptism, and has only made us more confident of the need for change."

On Monday, a large crowd of supporters had gathered outside the Courts, but were dispersed by riot police when they fired tear gas. Nelson Chamisa, leader of the MDC Youth wing, assured onlookers yesterday that such tactics did not frighten MDC supporters, but also that the party would rise above such tactics, and would not use it as an excuse to themselves act violently.

"This is just one stage in the struggle. The MDC remains a peaceful party. We are committed to peaceful change, and will use peaceful means to achieve democracy here in Zimbabwe."

The MPs were enthusiastic about the way forward. "We are going back now to plan our way forward," said Sikhala. "Of course it is possible to have mass action without violence. That is what Mahatma Ghandi achieved in India, it is what Martin Luther King achieved in the United States. And, more recently, it is what the people of Yugoslavia did to put Slobodan Milosevic out of power when he refused to listen to their will."

Source: Based on Movement for Democratic Change (MDC) 

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