Zimbabwe leader sacks deputy information minister – The Zimbabwean

Zimbabwean President Emmerson Mnangagwa on Wednesday fired outspoken deputy information minister Energy Mutodi hours after he insulted three “abducted” opposition officials in a tweet.

A statement from the presidency did not give reasons for the immediate “termination of employment” of Mutodi.

A prominent opposition Movement for Democratic Change (MDC) lawmaker and two party officials were originally arrested for protesting over food shortages experienced during the coronavirus lockdown.

Zimbabwe woman feeds her community during virus pandemic

A Zimbabwean woman leads a team of volunteers to feed her community during the COVID-19 lockdown as the majority of bread winners earn their living in the informal sector.

The all-female trio were then abducted from the police station by unidentified men and taken out of the capital where they said they were beaten up and sexually assaulted.

They were later dumped by a roadside where they were found by party colleagues and taken to hospital.

In his tweet Mutodi claimed the three opposition officials “went out for a romantic night to Bindura (a small town) with their lovers”, a couple of miners.

Condemnation

He said the women were beaten up “when they demanded foreign currency for their services”.

The incident attracted condemnation from international rights groups and western diplomats.

Heads of mission of the European Union countries and the US based in Harare on Wednesday said they “expect from the government of Zimbabwe a swift, thorough and credible investigation into the abduction and torture” of the opposition members and two others assaulted in the second city of Bulawayo.

“The perpetrators of heinous acts of this kind and other human rights violations need to be identified and prosecuted,” they said in a statement.

The axed deputy minister’s latest callous remarks came a week after he was reprimanded for criticising Tanzanian President John Magufuli’s handling of the Covid-19 pandemic.

Mutodi has also been at loggerheads with information minister Monica Mutsvangwa whom he accused of teaming up with her husband to eliminate him.

Last week he tweeted that he was “living in fear” of foreign affairs minister Sibusiso Moyo and the information minister’s husband.

Mutodi becomes the second high profile government official to be fired by Mnangagwa, following the removal of former tourism minister Prisca Mupfumira last year.

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Three Anti-Government Activists Were Kidnapped and Sexually Assaulted In Zimbabwe – The Zimbabwean

Three members of Zimbabwe’s main opposition party were abducted from a police station last week, and then beaten, tortured, and sexually assaulted with firearms before being dumped on the side of the road.

Now, rather than pledging to find the perpetrators, the government is threatening to jail the women for breaching coronavirus lockdown measures.

Activists and opposition leaders say the government and police are mounting a smear campaign to cover-up collusion with the attackers, a campaign that includes allegedly leaking semi-naked images of the victims on social media and calling them prostitutes.

While the government’s reaction to such a heinous crime may seem inexplicable, for those who track Zimbabwe’s politics, it is nothing new.

“To those who have followed events in the country — and certainly for Zimbabweans themselves — the flippant and entirely callous response is par for the course,” Jeffrey Smith, executive director of Vanguard Africa, a nonprofit that focuses on democracy in the continent, told VICE News. “Victim blaming, or otherwise accusing an imaginary ‘third force’ for their own crimes, has long been the regime’s modus operandi.”

Abduction

On Wednesday, May 13, Joanna Mamombe, 27, a member of Zimbabwe’s Movement for Democratic Change (MDC) and a lawmaker for the Harare West constituency, was driving home from an unsanctioned protest against the government’s inadequate provisions for the country’s poorest during the coronavirus lockdown.

Also in the car were two other activists from the MDC’s youth assembly, Cecilia Chimbiri and Netsai Marova.

They met a police roadblock and were ordered to drive the car to the Harare Central Police Station.

In a basement parking lot at the station, armed and masked men forced them into a van and told them they were going to be “fixed” for rebelling against the government.

The three women were tied up and their heads covered with hoods. They were driven for an hour into the forest.

The women say they were thrown into a pit, beaten, stripped naked and sexually assaulted with firearms. They also said they were forced to drink each other’s urine.

“They beat me on my back, all over the body using sticks. They used a gun to beat us, then molested me,” Chimbiri told the Guardian from her hospital bed.

On Thursday night, May 14, the three women were dumped by the side of the road from a moving car near the town of Bindura, about 50 miles northeast of the capital before being discovered the following morning.

“They pushed [us] out of the truck onto the road. They left us there. They said ‘we will be watching you… What is so special about you that you want to turn against the government?’” Chimbiri said.

Cover-up

The government’s response, rather than pledging to find and punish the perpetrators, has been to accuse the women of lying.

The police, having initially confirmed the women’s arrest, then denied they were detained. But the presence of Mamombe’s car at the police station undermines the police’s claims that the women were not detained.

Justice Minister Ziyambi Ziyambi told the BBC the women made up the story to deflect attention from the fact that they broke lockdown rules by attending a protest, and threatened to prosecute them.

“It is a diversionary tactic and once they are discharged [from hospital] they must be arrested for breaking the law,” Ziyambi said.

Worse still, Energy Mutodi, a deputy information minister, alleged the three women were simply meeting their lovers and that a row erupted overpayment for their “services.” Mutodi has since been fired, though it is unclear if his dismissal was related to his allegation about the women.

Then, photos taken by the police, allegedly as part of their investigation into the attack, appeared on social media. The semi-naked photos of Chimbiri were taken as part of the evidence-gathering process.

On Wednesday, Chimbiri’s lawyer wrote to Zimbabwe’s police chief to demand a full investigation into how the photographs were leaked and by whom.

The identity of the assailants is unknown, but the MDC claims the attackers were working in collusion with the state, and one of the victims said she would identify one of the men who attacked her.

“This is inhuman and degrading treatment,” Nelson Chamisa, the party’s leader, told ZimLive after visiting the women in the hospital. “This is torture against girl children, torture against the country. Assuming that they had committed a crime, they were supposed to be taken to a police station, tried, and sentenced. But this is a continuation of an ugly past.”

But given the past four decades of Zanu-PF rule, first under Robert Mugabe and now under his former deputy Emmerson Mnangagwa, there is little hope of justice for the three women.

“Like the routine gaslighting of women’s experiences in Zimbabwe, impunity has also long been the norm,” Smith said. “Authorities will continue to deny their role in the abductions and the torture. And the perpetrators will not be held accountable, further emboldening an already vicious, ruthless regime.”

Cover: Zimbabwean opposition leader Nelson Chamisa, right, visits an activist who was reported missing, at a local hospital in Harare, Friday, May 15, 2020. Three young Zimbabwean opposition activists who were reported missing following a protest over COVID-19 lockdown measures this week were been treated at a hospital Friday after asserting they were abducted and sexually abused. (AP Photo)

Communique of the MDC leadership meeting of former National Council members – The Zimbabwean

  1. a)The context of the Supreme Court judgment
  2. b)Our interpretation of the Supreme Court judgement
  3. c)The way forward

A – CONTEXT OF THE SUPREME COURT JUDGEMENT

We are extremely concerned that the Supreme Court judgement has been deployed to destroy the people’s struggle and advance the capture of the opposition in Zimbabwe.

We also note that the whole judgment must be viewed in the context of the 2018 election dispute of which Mr Mnangagwa has never rested after being defeated from the poll. The Supreme Court judgement is so absurd for the following reasons:-

  1. i)It was handed down nicodemously during lockdown
  2. ii)There are a few people who knew about the judgement in advance, Khupe, Mwonzora and Komichi

iii) Mwonzora and Komichi gave an address purporting to represent the former MDC Party at the Supreme Court and seemingly privy to the content of the judgement and the ideal was to bring the verdict to the organs of the Party for determination.

  1. iv)What is even bizarre is the interest of state institutions, The Herald, Parliament, Poluce and ZBC. The Supreme Court was covered live showing a big hand of the State.
  2. v)Parliament breached lockdown principles to reconvene and illegally recall MDC Alliance MPs on account of a letter written by MDC T. The State abused parliament by reconvening it for purposes of recalling MDC Alliance MPs.
  3. vi)We also note that the Supreme Court judgement has been deliberately misinterpreted and extended to mean what it doesn’t; more particularly the misbegotten reference to 2014 which is nowhere in the judgement.

B – INTERPRETATION OF THE JUDGEMENT

  1. i)The Supreme Court judgement enjoined the former MDC to convene an extraordinary congress within 3 months and further went on to give the former VP Khupe who at the point of Tsvangirai’s demise was no longer a member having ceased attending constitutional meetings in June 2017 to be a member of the Party.
  2. ii)The judgement further instructed Morgan Komichi the former vice-chairperson of the former MDC to convene the extraordinary congress in the event of the failure by the former VP. What is bizarre is that the SC judgement elevates the former vice-chairperson to the position of Chairperson despite the fact that the former Chairperson was Lovemore Moyo and had not told the court that he was unable to execute his duties.

iii) We fundamentally disagree with the Supreme Court decision for the following reasons:-

  1. a)It is calling an extraordinary congress where the need for an extraordinary congress does not exist anymore. President Tsvangirai died on the 14th February 2018 and the acting leader was supposed to act for one year to February 2019 and the next congress was due in October 2019. As such no court can rewrite the rules of a voluntary association.
  2. b)The terms of all office bearers’ and organs of the former MDC mandate expired in October 2019 and it cannot be revived without condonation and authority of the membership.
  3. c)The judgement does not specify the structure that is going to implement the legacy and historical issues and the term of office of the so elected president at the extraordinary congress.
  4. d)We have also seen that the former Secretary-General of the former MDC is now unilaterally, vindictively and against the rule of law abusing the SC judgement usurping the powers of the lawful organs now writing to parliament and the minister of local government.

For the avoidance of doubt, all the recalls are not bound by lawfulness therefore null and void.

  1. e)The former MDC congress should have 6000 delegates and for it to be legal its quorum should be two thirds and it is impossible to attain the same without the agreement and cooperation of the majority of members.

C – WAY FORWARD

  1. i)We the leaders of the former national Council of the former MDC resolved in terms of the constitution to petition the former National Standing Committee members including Komichi and Mwonzora to facilitate a National Council Meeting within 14 days on the 6th of June to respond to the Supreme Court judgement at a venue that achieves compliance with COVID lockdown regulations.
  2. ii)Resolved to stop Mwonzora, Komichi and Khupe to act on behalf of the former MDC and its organs prior to the said meeting of 6th June.

iii) Mwonzora has acted illegally by recalling MPs of another party MDC Alliance a party distinct from the former MDC

iV) The purported July 31 date of the extraordinary congress is illegal and invalid because it was done unilaterally and against the constitution of the former MDC.

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Komichi and Mwonzora must be suspended from the MDC-T for violating the Constitutional Court ruling – The Zimbabwean

Morgan Komichi

If the Constitutional Court indeed ruled that the MDC-T should revert to its 2014 structures, then-Senator Morgan Komichi and Senator Douglas Mwonzora must be disciplined for violating the very same Constitutional Court that they proclaim themselves to be the champions of.

Straight from the court room, Morgan Komichi had a prepared speech to reading to the media usurping the powers of Mr. Lovemore Moyo who needed to be informed of the ruling, and make a decision to accept or not to accept his reinstatement. Senator Mwonzoro was by Senator Komichi and endorsed the leadership theft by Senator Komichi. That explains why the two could not get cooperation from the rest of the genuine structures of 2014. These guys had, and still have an agenda.

Senator Mwonzora tried to deny wrongdoing by trying to imply that it was Honourable Biti who first called a media briefing, but in endorsing leadership theft by Senator Komichi, he certainly was the first to speak to the media “the chairman has already spoken”, which Chairman Hon Mwonzora. A clever lawyer as he is, Senator Mwonzora could simply have said no comment to the media and added there, but his response betrayed the agenda by the two.

You do not correct a wrong by doing another wrong, and if we say we want to follow correct procedures, then the first thing to do is for the standing committee of the 2014 MDC-T to get an explanation from Senators Komichi and Mwonzora of their procedural behaviour leaving the court on 31 March 2020. Everything should start from there. I have raised this point of order before regarding the usurping of the chairmanship by Senator Komichi in emails also copied to the media, and either Senator  Mwonzora or Senator Komichi tried to bring in a third person who I do not think is part of the 2014 structures, who I will not name at this stage, to try and lecture to me how Senator Komichi is a legitimate Chairperson going by the Supreme Court ruling since he was the Deputy Chairperson, a fact that I disputed, and I have the evidence to show. Senator Komichi and Senator Mwonzora, now that the legitimate MDC National Council of 2014 has met and pointed out the Chairmanship theft by Senator Komichi, and the endorsement by Senator Mwonzora, everything done by Senator Morgan Komichi purporting to be Chair, including the WhatsApp National Council meeting he chaired, are not acceptable going by the Supreme Court ruling.

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Zimbabwe COVID-19 Lockdown Monitoring Report: 20 May 2020 – Day 52 – The Zimbabwean

Wednesday 20 May 2020 was day 52 of the national lockdown which was declared by President Emmerson Mnangagwa and has been in place since 30 March 2020. The lockdown was extended indefinitely on 16 May 2020 and remains on what the President called Level 2 which allows the nation to gradually ease out of the lockdown while minimising the risk of a sudden increase in the number of COVID-19 cases.On 20 May, the Ministry of Health and Child Care reported that one thousand two hundred and seventy-three (1 273) tests were conducted. This increased the cumulative tests to thirty-two thousand eight hundred and sixty-two (32 862). Of these, thirty-two thousand eight hundred and fourteen (32 814) were negative. The number of confirmed positive COVID-19 cases increased to forty-eight (48) while the recoveries remained at eighteen (18) and the death toll remains at four (4).

2.0       Methodology
Information contained in this report is derived from the following Forum Members:

  • Zimbabwe Peace Project (ZPP)
  • Media Institute of Southern Africa (MISA)
  • Zimbabwe Lawyers for Human Rights (ZLHR)
  • Counselling Services Unit (CSU)
  • Zimbabwe Association of Doctors for Human Rights, (ZADHR)
  • Zimbabwe Human Rights Association (ZimRights)

Excerpts from reports generated by Community Radio Harare have also been incorporated in this report.

3.0       Emerging issues 
             3.1       General updates
On 20 May 2020, President Emmerson Mnangagwa presided over the funeral of the late politician Absolom Sikhosana at the National Heroes Acre.  While not as many people as would ordinarily attend a declared national hero’s funeral, it was noted that the numbers of the mourners were still higher than the maximum of fifty (50) prescribed in the lockdown regulations.  The President castigated the holding of demonstrations during this COVID-19 induced lockdown but stayed away from condemning the alleged abduction and torture of the Honourable Member of Parliament for Harare West Joana Mamombe together with MDC Alliance Youth Assembly leaders Cecelia Chimbiri and Netsai Marova who were allegedly abducted on 13 May 2020 after a demonstration by the MDC Alliance in Warren Park.

On the same day, Mashonaland Central hosted the visiting Chinese Medical Team at Mvurwi Hospital. Mvurwi has the province’s biggest COVID-19 isolation centre. The team carried out a COVID 19 awareness campaign at Umvukwes Primary School. They also shared their experiences with the local medical teams.

At Solani shopping centre in Epworth in Harare, it was business as usual as vendors were selling their products in the same area where their vending stalls were demolished by the Epworth Local Board. It was reported that vendors were selling their goods up to 7 pm.  The current gazetted trading hours are 8 am to 4.30 pm.

In high-density suburbs, army patrols were observed in Highfield, Tafara, Epworth in Harare, St Mary’s in Chitungwiza and Dangamvura in Mutare.

In Matobo, it was reported that most retail shops were open. However, retail shops were not following recommended COVID-19 safety measures, in particular, shopkeepers were not wearing face masks and customers were not observing social distancing. At Holi Resettlement Farm in Matobo, over seventy community members gathered at a funeral where social distance was not observed. It was reported that police officers later dispersed the crowd of mourners.

In Chakari in Mashonaland West, it was reported that there is an increasing number of children who are taking part in artisanal mining activities. This follows the indefinite closure of schools as part of the national lockdown. However, financial problems and redundancy have led to children joining artisanal miners. It was also reported that child prostitution is on the rise in the area following economic challenges affecting people in the area.

              3.2       The right to water
In Epworth, it was reported that community members are suffering from incessant water shortages. The majority of community members are resorting to using Domboramwari Dam water for domestic use. In most high-density suburbs in Bulawayo, it was reported that community members are receiving tap water once a week. Community boreholes are therefore crowded and community members have resorted to waking up as early as 3 am to fetch water at community boreholes. In Mbare in Harare, chaos and violence are the order of the day at community boreholes. It was further alleged that ZANU PF supporters are given first preference to fetch water at the community boreholes.  It was also alleged that suspected ZANU PF youths have taken over control of some community boreholes near Budiriro 2.

                  3.3       Media accreditation update
The Forum documented 14 cases of attacks on journalists in the line of duty. The majority of the cases stemmed from media accreditation cards which expired in 2019. However, the Media Commission had not issued 2020 media accreditation cards as the cost of renewal had not yet been gazetted. The Media Commission has finally published the dates for the renewal of media accreditation cards for journalists. The accreditation process will start from 26 May to 1 July 2020. In the meantime, the Media Institute of Southern Africa (MISA) has since written to the Media Commission a letter of protest following attempts by the Commission to introduce new categories of registration for 2020.

3.4       Mandatory testing and quarantine  
The Permanent Secretary in the Ministry of Information, Publicity and Broadcasting Services, Mr Nick Mangwana indicated that 14 returning residence are due to disembark a cruise ship in Cape Town. However, it was reported that the residents have declined to leave the ship stating that they would prefer to be transported to Zimbabwe via a chartered plane instead of a bus provided by the government.

It was reported that Masvingo Rupangwana quarantine centre has 21 people, Masvingo Teachers College now has 279 and Masvingo Polytechnic has 110. The number of street kids quarantined at Mushagashe remains at 20. Therefore the total number of people quarantined in Masvingo is 422.

Quarantine centres in Matabeleland North province have received and processed 471 returnees. Mosi oa Tunya quarantine centre has 251, Lupane State University has 137, and Mabhikwa High School has 83. It was reported that 1 female returnee absconded from Mosi oa Tunya whilst a male returnee absconded from Mabhikwa. Law enforcement officers are searching for the absconded returnees.

The director of Mutare City Council, Dr Mutara facilitated a COVID-19 preparedness workshop at Queens Hall. The workshop was attended by civil society organisations, ZRP officers and the general public. The workshop was prompted by the increasing number of returnees that are quarantined in the province. However, Dr Mutara indicated that Manicaland has only 2 ventilators.

            3.5       The Right to Education Update
Addressing the Parliamentary Portfolio Committee on Primary and Secondary Education on 20 May, the Primary and Secondary Education Permanent Secretary Mrs Thumisang Thabela reported that candidates registered for ZIMSEC June ordinary and advanced level examinations will sit for examinations between 29 June to 22 July.

Mrs Thabela also indicated that the government has drawn up an opening plan, which will see schools reopen in phases. The phases are as follows:

  • Phase one- examination classes that is form fours, form sixes and grade sevens.
  • Phase two- includes classes writing examinations next year.
  • Phase three-includes all high school students and primary school grades three, four and five.
  • Phase four- includes grades one and two learners.
  • Phase five- all ECD leaners

Mrs Thabela indicated that in circumstances where schools such as Prince Edward and Girls High School which are being used as quarantine centres, learners will have to co-exist with people under quarantine. However, Cabinet has not yet approved the suggested roll-out plan, opening dates will be provided once Cabinet approves the plan.

                 3.6 Lockdown enforcement
In Gweru, it was reported that police officers allegedly solicited for bribes from vendors. It was reported that a female vendor was asked to pay USD5 by police officers after they caught her selling chickens. The lady went on to report the case at Mkoba 1 Police Station. The female vendor identified the police officer who had requested for the bribe to the officer in charge. However, the disciplinary actions taken against the police officer are yet to be ascertained.

In Harare, law enforcement officers stepped up efforts of enforcing the lockdown. It was reported that police and army patrols in Harare CBD increased. The vetting of clearance letters by law enforcement officers was also extended beyond checkpoints. Law enforcement officers were also randomly requesting for clearance letters from pedestrians and motorists in the CBD. All passengers in ZUPCO buses travelling to work were requested to disembark from busses to produce clearance letters.

Ward 23 Councillor, Stanley Manyenge attended Harare Central Police Station answering to charges that he had contravened lockdown regulations by taking part in a demonstration held last week in Warren Park.  He was also charged with public violence. He was represented by the Zimbabwe Lawyers For Human Rights.   The Forum continues to monitor his case.

4.0       Update on the abduction and torture of MDC Alliance youth leaders
In Harare, MDC Alliance Harare West Member of Parliament Joana Mamombe and Youth Assembly leaders Cecilia Chimbiri and Netsai Marova who went missing on 13 May in a case of abduction, were located dumped in Bindura on 14 May. The three were recovered with various injuries consistent with aggravated assault and torture.

The Heads of Mission of the Delegation of the European Union, France, Germany, Greece, Italy, the Netherlands, Romania, Sweden and the Heads of Mission of Norway, Switzerland, the United Kingdom and the United States of America also issued statements on 20 May on the abduction of Joana Mamombe, along with Cecilia Chimbiri and Netsai Marova. The Heads of Missions demanded that the government of Zimbabwe institutes swift, thorough and credible investigations into the abduction and torture of the trio and allegations of the assault on Nokuthula and Ntombizodwa Mpofu in Bulawayo. The Heads of Missions called on the government to prosecute perpetrators of these crimes as the Zimbabwean Constitution prohibits enforced disappearances, torture, violence against women, and cruel, inhuman or degrading treatment or punishment.

The Zimbabwe Gender Commission also issued a statement on 19 May to the effect that the Commission has started investigations relating to the abduction and torture of MPJoana Mamombe together with MDC Alliance Youth Assembly leaders Cecilia Chimbiri and Netsai Marova . Based on the preliminary findings of its investigations, the Commission condemned the violence against the trio. The Commission further indicated that it is concerned that the violence was allegedly directed at women leaders and is likely to discourage women’s participation in politics and decision making which the Commission has been actively promoting. The Commission urged the government and law enforcement agents to publicly declare commitment to upholding constitutional provisions in dealing with alleged criminal conduct and to conduct an investigation into circumstances surrounding the case in a transparent and accountable manner to curtail speculation.

Former Deputy Information Minister Energy Mutodi via his official Twitter handle insinuated that Joana Mamombe, Cecilia Chimbiri and Netsai Marova were assaulted by their lovers who are illegal miners following an argument over payment of sexual favours in foreign currency. Mutodi wrote the following on his official Twitter account (@energymutodi) on May 20, 2020,

“Details emerge MDC youths Joana Mamombe, Netsai Marova & Cecilia Chimbiri went out for a romantic night to Bindura with their lovers who are artisanal miners. They parked their car at a police station for safety but tragedy struck when they demanded foreign currency for services.”

The Forum condemns such careless statements that amount to hate speech from Dr Mutodi. At a time when the whole country is in shock at the aggravated torture that the trio faced, such watered down and unnecessary statements do not help the victims, their families and the nation at large to heal.

5.0       Assaults
In Chimanimani, eight (8) people were severely assaulted at Wengezi Service Centre by five (5) soldiers and two (2) ZRP officers with baton sticks and sjamboks. It was reported the people were accused of loitering and defying the lockdown by not wearing face masks. It was reported that one of the victims sustained a broken leg and received treatment at Mutambara Hospital. Among the other victims was MDC Alliance Ward 2 Councillor, Thembenkosi Chiororo and MDC Alliance local leader Mr Matengabadza.

6.0       Summary of violations
The table below summarises human rights violations documented by the Forum Secretariat and Forum Members from 30 March to 20 May 2020.

Nature of Violation Number of Victims Location
Assault 253 Harare, Zvishavane, Masvingo, Bulawayo, Wedza, Chinhoyi, Zaka, Gweru, Chitungwiza, Bindura, Nembudziya, Chiredzi, Marondera, Mutoko, Chivi, Bikita, Zvishavane, Mvurwi, Mutare, Marondera, Beitbridge, Domboshava, Wengezi
Attack on Journalists 14 Mutare, Gweru, Chinhoyi, Harare, Chiredzi, Masvingo, Beitbridge
Arrests 333 Masvingo, Gokwe, Gweru, Bulawayo, Chinhoyi, Hwange, Harare, Magunje, Lupane, Norton, Bikita, Mutasa, Chitungwiza, Nkayi, Makoni, Chipinge, Beitbridge, Lupane, Tsholotsho, Mwenezi, Guruve, Hwange, Murwi
Malicious Damage to Property 2 Harare, Chitungwiza
Missing persons/Abductions 3 Harare

6.0       Conclusion
The Forum calls on the government and local authorities to provide potable water for community members since COVID-19 measures require constant hygiene. The Forum also reiterates the respect for human rights and the rule of law as law enforcement officers enforce the lockdown. The Forum reminds the government to institute investigations pertaining to alleged corruption by security personnel.

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Brutality backfires as chief, residents sue police and soldiers for assault – The Zimbabwean

22.5.2020 6:37

Chief Trymore Nhari of Gweru on Monday 11 May 2020 served a notice of intention to sue for payment of damages on Godwin Matanga, the Commissioner-General of Zimbabwe Republic Police (ZRP) and Home Affairs and Cultural Heritage Minister Kazembe Kazembe, wherein he recounted his ordeal at the hands of some ZRP members, who assaulted him twice in one day together with his acquaintance Shepard Moyo on 30 April 2020 while they were in the central business district of Gweru in Midlands province.

Kazembe Kazembe

In the notice of intention to sue, which was prepared by Nosimilo
Chanayiwa of Zimbabwe Lawyers for Human Rights (ZLHR), Nhari demanded
to be paid ZWL$300 000 in damages after ZRP officers damaged his
Chief’s badge, his three mobile phone handsets, his wrist watch and a
laptop and also broke his left arm.

In Bulawayo, Weston Chadomba is demanding payment of ZWL$300 000 as
compensation for the unlawful conduct of a ZRP member and a Zimbabwe
National Army (ZNA) officer, who assaulted him on 1 May 2020 in Njube
high-density suburb as he was coming from his workplace and driving
his vehicle to his residence following a misunderstanding with the law
enforcement agents, who were controlling a truck selling maize meal
and at the same time blocking the road.

Chadomba, who is represented by Jabulani Mhlanga of ZLHR, and has
listed Matanga, Kazembe, Defence and War Veterans Affairs Minister
Oppah Muchinguri-Kashiri and Phillip Valerio Sibanda, the Commander of
ZNA as respondents, said the assault by the ZRP member and ZNA officer
caused him to suffer physical and emotional pain including financial
loss in paying for medical bills for treatment at Mpilo Hospital.

In another case, Sthukani Ncube, who resides in Lobengula high-density
suburb is suing Matanga and Kazembe for ZWL$250 000 after she was
severely assaulted by eight ZRP members and sustained serious injuries
with bruises all over her body and a dislocated left shoulder.

Ncube, who is represented by Mhlanga of ZLHR, said the compensation is
for the pain and suffering, loss of income and medical expenses, which
she endured and incurred when she was assaulted by the law enforcement
agents who used truncheons while at her residence on 25 April 2020.

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Jonathan Turley Wanted For Vicious Murder Of Nonsensical Straw Arguments Of His Own Making

Jonathan Turley continues to compose open letter mash notes about Donald Trump for the benefit of any cable news producer who might be looking to fill 5 minutes of dead air. The longtime George Washington Law School professor has reoriented his latter years into an ongoing effort to get himself booked as the contrarian Eli Cash of constitutional theory, hoping to squeeze out another 15 minutes of the sad simulacrum of “fame” that fills the CNN timeslot where the vast majority of the world watches Survivor or enjoys MasterTopChoppedChef or stares into the blank void of existential chaos that is always closing in on them.

Turley’s current bugaboo arises from Donald Trump’s ill-conceived tweet from earlier this week, where he threatened to withhold funding from Michigan for flirting with absentee voting. Right after that, a dam broke and unleashed a catastrophe upon the state and Trump realized that threatening to cut off aid to a swing state under those conditions might be seen as gauche. In any event, actually respected legal scholars quickly pointed out that cutting off federal funds because a state doesn’t support your effort to suppress voter turnout would be, you know, illegal for a variety of reasons.

Seeing an opportunity to get a few minutes to tell a national audience that the Framers totally intended for presidents to punish specific states for political disagreements, Turley took to every outlet he could to question the credibility of scholars who criticized the possibility that this runs contrary to a wide swath of laws.

Sigh.

The crux of Turley’s nonsense is a contrived hand-wringing over the idea that Trump could ever act without legal authority for anything. Turley concedes that Trump shouldn’t punish Michigan, but refuses to countenance any claim that he lacked the authority to do so. It requires the meticulous construction of a fictional universe populated by unwarranted caveats.

A lot of Turley’s ire is directed at Professor Steve Vladeck who said, “Except that withholding federal funds over (unrelated) policy disagreements is itself ‘illegal[] and without authorization.’” That seems pretty straightforward. Assuming Congress allocated funds to election security measures and Michigan refused to take any measures, a president could take that money back. But since that’s not what’s being proposed here, it’s an exercise of power beyond the president’s legal authority.

Prompting Turley to write:

Once again, the statement could be entirely legal if the funds were discretionary or Trump asked for the restrictions from Congress.  Such things appear to matter little.  Simply declaring a tweet a crime is instantly accepted and repeated on networks like CNN and MSNBC.

If wishes were horses.

This isn’t even helpful analysis. People pointed out that in the reality where these funds aren’t magically discretionary and Congress doesn’t intervene — which it would not because here on Earth-1, Nancy Pelosi isn’t planning to give Trump a pot of money to extort Democratic governors — then there is no legal authority for the order Trump proposed in plain English. That’s entirely cogent analysis.

But at least Turley’s powers of projection are still running at top form as he bemoans shamelessly chasing cable news hits.

And what of this aside about “declaring a tweet a crime”? That doesn’t seem to be what’s going on at all here. But it’s not thrown in there accidentally, it’s that nice slab of red meat for right-leaning producers who revel in turning the First Amendment into an arch-narrative that the thought police are just oppressing them.

President Trump also possesses a right to freedom of speech like other citizens. He was objecting to the use of mail voting as inherently more susceptible to fraud — a view shared by many.  He then said that he would ask to limit funds.  We do not criminalize such statements in this country.

As the Dude informs Walter Sobchak, “This isn’t a First Amendment thing, man.” No one, absolutely no one, suggested that Trump’s tweets were crimes, they explained that the policy Trump described would be either unauthorized or an illegal act. Turley should be ashamed of himself for trying to jam this square peg in that round hole.

He also lashes out at former Director of the Office of Government Ethics Walter Shaub, who suggested that — if carried out — Trump’s proposal would run afoul of a criminal statute barring an official from using appropriations for “interfering with, restraining, or coercing any individual in the exercise of his right to vote at any election.” Firing up the parallel universe portal gun, Turley responds:

Again, the analysis leaps to a conclusion without any factual foundation.  Trump could have been referring to asking Congress for such restrictions.

Coulda, but didna.

Moreover, if the funds were discretionary, it would distributed according to the congressional design.

Yes… do you have any theory on which specific legislation was designed to allow this proposal? Maybe take a few minutes to research that before committing this tripe to the page? Honestly, Turley is the guy who lists every defense to the jury and then never bothers to propose a theory of how his client actually meets any of them.

Finally, even if funds were restricted in conflict with congressional intent, one would have to prove that it was done “for the purpose of interfering with, restraining, or coercing any individual in the exercise of his right to vote.”

Whoa, whoa, whoa! Crimes need to be proven? Sterling insight.

Again, we would need to know the specifics before declaring that the tweet is clearly contemplating a crime.

Jonathan Turley is what happens if the words “this isn’t a question as much as a comment” took human form.

It seems like a century ago — but it was only last month — when Turley decided to tweet out his “Unfrozen Caveman Performative White Nationalist” routine about how he has no idea what Chicken Tikka Masala is but suspects it’s a liberal elitist plot. The disingenuousness on display in all of this is sickening. Yes, he is fully aware that in 90 percent of cases, and 100 percent of the realistic ones, what Trump proposed while Tweeting from the toilet the other day was illegal, just like he’s fully aware that Indian food exists.

Look, maybe Turley was just trying to clarify the analysis out there by pointing out that “actually there are a few, admittedly unlikely, excuses that could justify Trump’s suggestion here” as opposed to launching a baseless attack on the credibility of any scholar suggesting that this might be illegal (despite the fact that he himself implicitly concedes that it would be in the absence of these farcical exceptions).

But that would require reading a whole lot of unwarranted caveats into the plain text that he wrote. And that would just be silly.

No, Trump Did Not Commit A Crime In Threatening To Withhold Funds From Michigan [Jonathan Turley]

Earlier: Jonathan Turley Doesn’t Understand All Your Crazy Sounding Ethnic Food!


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

Tiffany Trump Earns A Tweet From Dad For Her Law School Graduation

Tiffany Trump (Photo by Alex Wong/Getty Images)

Congratulations to my daughter, Tiffany, on graduating from Georgetown Law. Great student, great school. Just what I need is a lawyer in the family. Proud of you Tiff!

— President Donald Trump, using Twitter to congratulate his daughter, Tiffany Trump, on her recent graduation from Georgetown Law. Tiffany is the first law school graduate among all of Trump’s five children, and given his propensity to threaten to file lawsuits, this is great news for him.


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.