MLF gail regional recognition

March, Thursday 24---MTHWAKAZI Liberation Front (MLF) has in the last week scored remarkable success despite the continued detention of three of its senior members.

Firstly, the treason trial at Bulawayo courts of John Gazi, Paul Siwela and Charles Thomas led to the formation of Abammeli Human Rights Lawyers Network in Bulawayo.

AHRLN is a group of lawyers from Matabeleland who broke ranks from Harare based Zimbabwe Lawyers for Human Rights who refused to offer legal representation to the trio.

Secondly, South Africa based members on Monday, 21 March 2011 addressed participants at a human rights march in Johannesburg.

Sabelo Ngwenya, MLF secretary for legal and constitutional affairs said the movement took the opportunity to explain their cause.

“They (South African organisers) tried to deny us (the opportunity to address the gathering) saying the MDC –T represented all Zimbabweans in the march. We told them that we are not Zimbabweans but Mthwakazians and they had to accept that. Our core mission was to drive home the notion that the right to self-determination is a human right and that it is not treasonous to seek to exercise that right.

This theme punctuated our message to both the participants and the media,” Ngwenya said.

“We also took the opportunity to remind the gathering that it is not only Munyaradzi Gwisai and five other Hararians who are facing treason charges in Zimbabwe. We have the case of MLF’s Paul Siwela, John Gazi and Charles Thomas. They are languishing in Zimbabwean prisons on treason charges for merely saying that the people of Mthwakazi also deserve to enjoy their full political, economic, social and cultural rights in an independent Mthwakazi state. It appears Zimbabwe is the only country in the world where clamouring for the right to self-determination amounts to treason and tribalism,” he said.

Ngwenya said the largely South African audience responded positively and seemed surprised that there was little publicity and coverage on the MLF leaders’ treason trial.

Ngwenya said it was MLF’s contention that it was disgraceful that the people of Matabeleland were marginalised in Zimbabwe and also in supposedly democratic forums like the human rights march in South Africa.

“It’s saddening that we had to fight for our right to take to the podium and make our voice heard,” he said.
 
Thirdly, MLF has attracted the attention of Organisation for Emerging African States (OEAS), a Pan-African body that advocates separation of states.

Ebenezer Derek Mbongo Akwanga, secretary-general of OEAS, wrote to MLF leaders urging them to join the regional board.

Part of the letter reads: “This train (secessionist trend in Africa) that is gradually getting ready to leave the station will not be stopped by any might unless it reaches its eventual destination — unconditional self-determination for our people.

“It’s time we spoke for ourselves. I look forward to a new partnership of equality and undivided loyalty as we move forward as a people.”

Akwanga, is a founder and chairman of the Southern Cameroon Youth League (SCYL), a secessionist movement in the south of Cameroon. 

Akwanga vowed to engage President Robert Mugabe over the “marginalisation” of Ndebele people.

OEAS has over 25 “entities and exile governments” designated as emerging African states, aims to annul geo-political borders created during the colonial era in Africa.

“The colonial-era borders of Africa must be shattered as an artificial construct of the 20th century.

“Just as the USSR dissolved, so too will the status quo in Africa, which is propped up by economic and geopolitical interest inimical to the aspiration of Africans,” Akwanga said.

Mthwakazi Leaders Are Bunch Of Criminals - State

Bulawayo, March 22, 2011 — State prosecutors on Monday described Mthwakazi Liberation Front (MLF) leaders facing treason charges as a bunch of criminals who should not be granted bail.

The three MLF senior executive members Charles Thomas, John Gazi and Paul Siwela were arrested three weeks ago in different locations in Bulawayo and were charged with treason after found distributing party flyers.

On Monday their bail hearing kicked off at Bulawayo High Court before Justice Nicholas Ndou. Speaking in High Court the state prosecution team led by Martha Cheda said the MLF are a bunch of criminals with several criminal records dating back to 1982.

Cheda said Gazi was convicted in 1982 for armed robbery and was jailed for 12 years, while Thomas was on warrant of arrest on charges of sleeping with an under aged girl in 1987.

Cheda also said the third applicant (Siwela) was convicted of smuggling in Hwange in 1989 and has a pending case for contravening Public Order and Security Act (POSA).

“Therefore my Lord the three applicants can’t be granted bail as there are a bunch of unrepentant criminals,” she said.

Cheda added that the state had overwhelming evidence that will lead to the conviction of the three MLF leaders.

However in defence, MLF lawyers led by Advocate Lucas Nkomo, shot down the state ‘s claims saying that the case against their clients were so weak and Cheda was trying to boost it by coming up with mysterious previous criminal records.

“My Lord it is my submission that the state has realised that the treason case against my clients is so weak and are trying by all means to boost with these new claims.

“The state is failing to bring witnesses to court and further to that are failing to provide the overwhelming evidence which they claim to have against my clients .I see no reason why the three applicants should not be granted bail in this case,” said Nkomo.

Justice Ndou reserved judgment on the bail application until Wednesday saying he needs time to go through the both state and defence submissions.

The three MLF leaders are at Khami Maximum Remand prison where there are being kept in solitary confinements.

The militant and radical MLF was launched in January this year and is advocating for the independence of the Matabeleland region located in the southern part of Zimbabwe saying the Ndebele speaking people of have been marginalised by the government for too long and also face discrimination every day at work places and tertiary institutions.

The call for Matabeleland secession from Zimbabwe appeared to have been encouraged by events in South Sudan where people there voted overwhelmingly to break away from mainland Sudan in a referendum.

Mthwakazi Leaders Are Bunch Of Criminals - State

Bulawayo, March 22, 2011 — State prosecutors on Monday described Mthwakazi Liberation Front (MLF) leaders facing treason charges as a bunch of criminals who should not be granted bail.

The three MLF senior executive members Charles Thomas, John Gazi and Paul Siwela were arrested three weeks ago in different locations in Bulawayo and were charged with treason after found distributing party flyers.

On Monday their bail hearing kicked off at Bulawayo High Court before Justice Nicholas Ndou. Speaking in High Court the state prosecution team led by Martha Cheda said the MLF are a bunch of criminals with several criminal records dating back to 1982.

Cheda said Gazi was convicted in 1982 for armed robbery and was jailed for 12 years, while Thomas was on warrant of arrest on charges of sleeping with an under aged girl in 1987.

Cheda also said the third applicant (Siwela) was convicted of smuggling in Hwange in 1989 and has a pending case for contravening Public Order and Security Act (POSA).

“Therefore my Lord the three applicants can’t be granted bail as there are a bunch of unrepentant criminals,” she said.

Cheda added that the state had overwhelming evidence that will lead to the conviction of the three MLF leaders.

However in defence, MLF lawyers led by Advocate Lucas Nkomo, shot down the state ‘s claims saying that the case against their clients were so weak and Cheda was trying to boost it by coming up with mysterious previous criminal records.

“My Lord it is my submission that the state has realised that the treason case against my clients is so weak and are trying by all means to boost with these new claims.

“The state is failing to bring witnesses to court and further to that are failing to provide the overwhelming evidence which they claim to have against my clients .I see no reason why the three applicants should not be granted bail in this case,” said Nkomo.

Justice Ndou reserved judgment on the bail application until Wednesday saying he needs time to go through the both state and defence submissions.

The three MLF leaders are at Khami Maximum Remand prison where there are being kept in solitary confinements.

The militant and radical MLF was launched in January this year and is advocating for the independence of the Matabeleland region located in the southern part of Zimbabwe saying the Ndebele speaking people of have been marginalised by the government for too long and also face discrimination every day at work places and tertiary institutions.

The call for Matabeleland secession from Zimbabwe appeared to have been encouraged by events in South Sudan where people there voted overwhelmingly to break away from mainland Sudan in a referendum.

Zapu suspicious nof exhumations

 March 18  2011 ---ZAPU wishes to comment on the exhumation of remains of victims of Rhodesian atrocities, which have received massive coverage on Zanu-PF controlled national television, radio and print media.

Zapu believes the exhumations have been engineered by Zanu-PF to stir emotions among the people for its own political mileage towards elections. For the avoidance of any doubt, Zapu, the founder and authentic liberation movement of Zimbabwe, fully supports the exposure of war time atrocities by all parties, but would be happier if there was also an exposure and exhumation of mass graves of our supporters massacred by Zanu-PF’s Gukurahundi forces between 1982 and 1987. What makes the Gukurahundi case worse than the Rhodesian atrocities is that it was perpetrated by a black government on black people, simply because they belonged to a different tribe or they supported a rival political movement.

Gukurahundi evidence is plenty and fresh, with some of the architects of the genocide, namely Parence Shiri, Emmerson Mnangagwa and others still with us and can make the task easier by volunteering evidence and pin-pointing the mass graves we do not yet know. We are afraid Zanu-managed exhumations may be used to cover-up evidence of Gukurahundi atrocities. 

While Rhodesians can defend themselves that they committed the atrocities in a war situation and they also suffered casualties, can the same be said about Zanu-PF’s Gukurahundi? Victims of Gukurahundi also deserve decent burials like those of the Rhodesian forces. What is fair and just for the people buried in a disused mine shaft in Mazowe must also surely be good for people thrown into disused mine shafts and Bhalagwe Mountain in Kezi.

Zapu is pleased that law experts such as Jonathan Samkange and Lovemore Madhuku stated categorically on national television that it is possible to institute legal proceedings against members of the Rhodesian forces and against the former colonial power Britain for atrocities committed during the war of liberation. We wish ZBC’s chief correspondent Reuben Barwe could ask them the same question about Gukurahundi.  Zapu is anxious to hear their expert legal opinion on who is culpable for Gukurahundi atrocities.

Zapu wishes to make it clear to Zanu-PF that Gukurahundi atrocities will never be swept under the carpet. All the people of Matabeleland are asking for is genuine apology, truth, healing, compensation and closure. Without this, it would be impossible for Zimbabwe to move ahead as one country in a post-Mugabe era, which surely beckons after the next elections, if not before.

If Rhodesian atrocities were a violation of human rights as Madhuku and Samkange explained, it follows that Gukurahundi atrocities were an even worse violation of human rights, unless if someone believes Ndebeles or Zapu supporters are not human beings.

In the meantime, Zapu is seriously considering organizing the exhumation of Gukurahundi victims for the world to see and appreciate what Gukurahundi was all about.

Thank you.

Methuseli Moyo

Director Communication and Marketing

State opposes bail application by MLF leaders

March 18--Three Mthwakazi Liberation Front (MLF) leaders facing treason charges will languish in jail a little longer after the state on Thursday opposed their bail application.

The application was filed at the High Court this week.

State counsel Martha Cheda submitted the state was opposed to the trio being granted bail because they were facing serious charges which carried the death penalty.

The MLF leaders, John Gazi, Paul Siwela and Charles Thomas, face death or life in jail if convicted.

“It is submitted that there is overwhelming evidence and likelihood of a conviction is very high, and this realisation may induce the applicants to abscond,” Cheda said in the opposing application.

“It is submitted that the seriousness of an offence taken together with other factors is a factor to be considered in deciding whether to grant or refuse bail.”

A judge is expected to make a ruling in the matter after going through the arguments.

The state counsel said the men were likely to pursue their alleged agenda of removing the government through unconstitutional means.

“The applicants may interfere with police investigations and 2nd and 3rd applicants (Gazi and Siwela) have a propensity of committing similar offences. It is further submitted that there is need to assess the strength of the state case where police papers raise a prima facie case, there is need for accused to rebut allegations and show that they should be granted bail,” Cheda submitted.

Matabeleland North provincial magistrate John Masimba last week ruled that the MLF leaders had a case to answer and should be placed on remand.

The leaders had made an application for refusal of remand arguing they did not commit treason and the charges against them were trumped up.

In the bail application submitted on Monday, the trio through their lawyers, Advocate Lucas Nkomo instructed by Sindiso Mazibisa assisted by Robert Ndlovu and Matshobana Ncube, said they would apply for bail pending trial and were worthy candidates for bail.

They said they were optimistic they would be found not guilty and acquitted of the charge of treason at trial and offered to pay $500 as bail.

Allegations against the three are that on March 1, they convened an executive meeting in Bulawayo where they agreed to topple the government along the same lines as the Egyptian and Tunisian uprisings.

They had not been formally charged with treason and were remanded in custody to March 25.

However, their defence team has hinted they might apply for a review of the proceedings and ruling by Masimba.

The MLF leaders have been languishing in remand prison for the past week.

Zimbabwe Lawyers for Human Rights (ZLHR) director Irene Petraz yesterday denied that her organisation had refused to represent the MLF leaders leading to several prominent lawyers from Bulawayo to withdraw membership from the organisation.

“My comment is that we deny all the allegations and that the works of the ZLHR are there for everyone to see,” she said.

The lawyers have gone on to form their own bodycalled Abammeli Human Rights Lawyers Network.
On Monday, the legal practitioners, who included Advocate Nkomo, Ndlovu, Mazibisa, Phulu and Ncube, met and decided to form the new organisation.

At the meeting, it was resolved the lawyers should immediately withdraw their membership from ZLHR.
Abammeli reportedly has a membership of 40 lawyers.

Bulawayo Lawyers divorce from Harare counterparts

Pursuant to the arrest of Messrs Paul Siwela, John Gazi and Charles Thomas and the subsequent refusal by Zimbabwe Lawyers for Human Rights to take up their case, Lawyers from Matabeleland resolved to represent them. Further to ZLHR’s refusal to represent members of Mthwakazi liberation Front (MLF), they have also refused to provide any representation for Samuel Sandla Khumalo, the MDC-T legislator for Pelandaba Constituency. As a result of this a loose coalition of Lawyers was assembled to represent these people and all other MLF activists.
Despite numerous correspondences between our members and ZLHR, there has been no acknowledgement of our correspondence or any attempt to engage about this issue. As a result we have identified a gap in representation when it comes to Human Rights Defenders in Matabeleland. They are not adequately represented by an organisation of Lawyers that understand their issues and are often not taken seriously.
From an attempted discussion with the Director of ZLHR, Abammeli now understands that ZLHR is not representing members from MLF because it (ZLHR) believes that MLF is advocating for violence and hate speech through their pamphlets and for that reason do not fall within the definition of Human Rights defenders.
As Abammeli, we recognise that they(MLF) are people who have been caught up in the crackdown on Civic society organisations and Human Rights defenders by the government at this point in time.  It is saddening that those charged with the mandate to represent Human rights defenders do so in a selective way. This is exemplified by the fact that in all their news alerts, ZLHR makes reference to one treason case i.e S v Gwisai abd others, despite the fact that they know full well that the MLF people are charged with treason as well.
It turns out that the police raided John Gazi’s house as part of their usual surveillance and suppression protocol. They found on him a set of minutes of a meeting held at some offices. The police reached the conclusion that the minutes were good evidence of an intention to “subvert a constitutional Government, being the government of Robert Mugabe.”They were initially charged with contravening s 22 of the Criminal (Codification and Reform) Act. When they appeared in court, the charge was changed as usual to Section 20 of the Code in that the minutes point to treason. It turns out that the matter is not so clear cut as the very minutes that constitute the charge in fact reveal that all that happened in that meeting was a discussion about their organisation and what it seeks to achieve
ZLHR has represented Hitchmann and Roy Bennet when they were being charged with seeking to subvert a constitutional government .They were alleged to possess arms of war. The concretised view has always been innocent until proven guilty, which in the case of MLF, ZLHR has sat as judge and jury to convict MLF even ahead of the courts.
As things stand, the state continues to arrest and harasss Members of MLF, including their spouses. On Tuesday the 15th of March 2011, members of C.I.D law and order visited Mrs. Siwela’s house, and when they were advised that she was at work, they made it known that they would follow her there and pick her up.
Abammeli accompanied a shaken Mrs. Siwela to C.I.D law and order, where she was quizzed about her properties and the activities of her husband.
In as much as some people may not subscribe to the views of MLF, they still deserve the best legal representation. In as much as one may vehemently disagree with them. They still have the right to hold their views repugnant to some as they may be. This should not influence us as Human Rights lawyers when their case, which is on all fours with all other cases is presented for defence
Abammeli feels that ZLHR were in error in this case and a judgement was made before seeking to hear the accused’s side of the case.
The right to self determination is a right like any other and is recognised by international law, a group of people are allowed to pursue it without being constrained by unjust laws or trumped up charges as is the case in this matter. We who defend human rights defenders should stand up for them when their rights are trampled upon. Our availability to represent them cannot be allowed to be on the basis that their views offend us.
The decision to form a Human rights lawyers network has not been made impulsively. It has been made in consideration of continued and structural failure to adequately represent Human Rights defenders from Matabeleland. The above cases of MLF and Samuel Khumalo are just but recent examples of how human rights defenders have been let down.
Consequently, on Monday the 14th of March 2011, legal practitioners from Bulawayo met and discussed the formation of Abammeli. Amongst those present were Advocate Lucas Nkomo, Mr Robert Ndlovu of R. Ndlovu & company, Mr. S.S Mazibisa of Cheda and Partners, Messrs K.I. Phulu and Mr. M. Ncube of Phulu and Ncube Legal Practitioners. Those present resolved as follows:
1.To immediately withdraw their membership from Zimbabwe Lawyers for Human Rights.
2.To form and subscribe a new network of Lawyers, namely, Abammeli Human Rights Lawyers Network.
3.We already have the commitment of more than 40 lawyers to join this network, undertaking to commit and dedicate their time and efforts to the representation of Human Rights Defenders.
4.Abammeli is prepared to work with any other network of lawyers and human rights defenders in pursuit of the protection, promotion and defence of Human Rights Defenders.
5.The name Abammeli is tentative, conditional to its approval at a subsequent meeting of all lawyers subscribing to the aims and objectives of Abammeli.
For more information please contact any of the above mentioned lawyers, which details are available in the Law Society Directory.

Prepared by:
ABAMMELI HUMAN RIGHTS LAWYERS NETWORK

contact Sindiso Mazibisa 0772 260 503

MLF trio appeals to High Court

BULAWAYO, MARCH 16---Three Mthwakazi Liberation Front (MLF) leaders who are in remand prison over treason charges have approached the High Court for bail.
John Gazi, Paul Siwela and Charles Thomas were incarcerated last Friday after provincial magistrate for Matabeleland North, John Masimba, ruled they had a case to answer and should therefore be placed on remand.

The leaders had applied for refusal of remand arguing they had not committed treason and that the charges were trumped up.

In the bail application submitted on Monday, the trio through their lawyer Advocate Lucas Nkomo instructed by Sindiso Mazibisa assisted by Robert Ndlovu and Matshobana Ncube, said they were applying for bail pending trial.

They said they were worthy candidates and that prospects of acquittal were high.

“The applicants are each prepared to deposit with the registrar of this court bail money in the sum of $500. They are also prepared to abide by any other reasonable and fair terms and conditions of bail this honourable court may impose. Wherefore, the applicants pray that they be granted bail pending trial,” submitted the lawyers.

On Friday, Masimba placed the suspects on remand saying the evidence presented by the state showed they had a case to answer.

Masimba said distributing flyers urging army personnel to desert with their weapons and form an army in an envisaged Mthwakazi Republic and also encouraging the public to do an Egypt and Tunisia-style revolution was tantamount to inciting people to revolt against a constitutional government.

Allegations against the MLF leaders are that on March 1, they convened an executive meeting in Bulawayo where they agreed to topple the government along the same lines as Egypt and Tunisia uprisings.

They have not been formally charged with treason and were remanded in custody to March 25.

However, the defence has hinted they might apply for a review of the proceedings and ruling by Masimba.

Lawyers split over MLF

Several prominent Bulawayo–based lawyers have broken away from the Zimbabwe Lawyers for Human Rights (ZLHR) over the alleged refusal by the organisation to represent Mthwakazi Liberation Front (MLF) leaders who are facing treason charges.
The lawyers have now created their own NGO - Abammeli Human Rights Lawyers Network.

They also alleged ZLHR refused to represent MDC-T Pelandaba-Mpopoma MP Samuel Sandla Khumalo after he was allegedly found in possession of mbanje.

On Monday, the legal practitioners, who included Advocate Lucas Nkomo, Robert Ndlovu, Sindiso Mazibisa, Kucaca Phulu and Matshobana Ncube, metand resolved to form the new organisation.
At the meeting, it was resolved the lawyers immediately withdraw their membership from ZLHR.
Abammeli reportedly has 40 lawyers.

“Further to ZLHR’s refusal to represent members of Mthwakazi Liberation Front (MLF), they have also refused to provide any representation for Samuel Sandla Khumalo, the MDC-T legislator for Pelandaba-Mpopoma constituency,” Abammeli said in a statement released on Wednesday.

“As a result of this, a loose coalition of lawyers was assembled to represent these people and all other MLF activists.”

MLF leaders - John Gazi, Paul Siwela and Charles Thomas — are facing treason charges.

The organisation said human rights defenders from the Matabeleland region were not being adequately represented.

“They are not adequately represented by an organisation of lawyers that understands their issues and are often not taken serious,” said Abammeli.
The new organisation said judging from a discussion with ZHLR director Irene Petras, “it is clear that ZLHR is not representing members from MLF because it (ZLHR) believes that MLF is advocating for violence and hate speech through their pamphlets and for that reason does not fall within the definition of human rights defenders”.

However, Abammeli said they recognised the leaders of MLF as people who had been caught up in the crackdown on civic society organisations and human rights defenders by the government.

“It is saddening that those charged with the mandate to represent human rights defenders do so in a selective way. This is exemplified by the fact that in all their news alerts, ZLHR makes reference to one treason case like the State versus Munyaradzi Gwisai and others, despite the fact that they know fully well that the MLF people are being charged with treason as well,” said the organisation.

“In as much as some people may not subscribe to the views of MLF, they still deserve the best legal representation.”

ZLHR Southern Region project coordinator Lizwe Jamela on Wednesday declined to comment referring all questions to the organisation’s director Petras in Harare.

ZLHR spokesperson Kumbirai Mafunda also could not comment on the matter saying he was at a funeral wake and referred questions to Petras.

Repeated efforts to contact Petras were futile as her mobile phone went unanswered.

Mthwakazi trio 'have case to answer'

THREE members of a radical Matabeleland group have a case to answer, a magistrate ruled on Friday (MARCH 11) as he indicted them to stand trial for treason.
Paul Siwela, John Gazi and Charles Thomas – all members of the Mthwakazi Liberation Front which campaigns for a separate Ndebele state – are accused of plotting to overthrow President Robert Mugabe’s government.

Bulawayo magistrate John Masimba rejected the trio’s bid to have the case thrown out before trial.

The defence team led by Advocate Lucas Nkomo had argued that the state case was based on flimsy and frivolous grounds, but Masimba said the prosecution case was strong, thus he was of the opinion that the three should be made to stand a full trial to determine their fate.
He said: “It is common cause that Gazi and Siwela held a meeting at Siwela’s office. It is also true that the two discussed the issue of violence and agreed that they wanted to clear the MLF’s name on issues to do with violence.
“… Although Thomas did not attend the said meeting at Siwela’s office, it is however ironic that he was found distributing pamphlets bearing messages the state says were meant to cause an uprising against the government of the day.”
He then rubbished the defence attorney’s argument that there was nothing criminal about distributing the said pamphlets as they did not carry any messages that can be deemed to be treasonous in nature.
Masimba said the fact that Thomas distributed pamphlets that he got from Siwela which urged members of the Zimbabwe National Army (ZNA) to defect and take up arms under a Republic of Mthwakazi state itself constituted an offence.
“Urging members of the uniformed forces to desert the army and take up arms (under the republic of Mthwakazi) is in itself advocating for a situation where forces will take up arms and lead to the removal of a legitimately elected government,” the magistrate ruled.
“Urging the public to rise up against the government itself is tantamount to urging lawlessness that could lead to the removal of a government which is treason in terms of the law.”
The magistrate said if the state was given ample time to prepare its case for trial, it could lead a case that could result in the trio being successfully convicted for treason.
“If the state brings up its full evidence prepared with time, the accused persons can be successfully convicted. It is thus the court’s considered view that the request for refusal of placement of the three accused persons on remand as requested by the defence team is hereby deemed as not successful,” Masimba ruled.

The trio’s trial is set to resume on March 25 at the High Court.

 

Meanwhile, several other people linked to the Bulawayo-based movement have been picked up by police for questioning.

 

Some of the members were picked up Thursday and more were detained on Friday after Masimba’s ruling.