PARTICULARS OF THE COMPLAINT
INCITEMENT TO COMMIT PUBLIC VIOLENCE AS DEFINED IN SECTION 187 (1) (A) ARW SECTION 36(1):37 (1) OF THE CRIMINAL LAW CODIFICATION AND REFORM ACT (CHAPTER
That on the 27 of July 2020. Patrick Chinamasa acting in common purpose and at ZANU PF Headquarters with three other individuals namely, Douglas Mahiya, Mike Birha and Tafadawa 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
C. FACTS OUTLINE
On Monday the 27 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 ZANU PF supporters to reject what he termed 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;
- “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 at burning properties and looting”
- “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 the crime. They must know that in those circumstances, their first line of defence is themselves and their families. They have a legal and constitutional right to defend themselves, their families, their spouses, their children, their property and possessions.
- …Don’t ask for permission from anybody. It is your constitutional and legal right Don’t be intimidated by hooligans and mercenaries. Don’t be like sitting ducks as you were in August of 2018. Don’t be as sitting ducks as you were in January of 2019. Phoning us, Nol, this time Nol. Use any means at your disposal to defend yourselves, We are saying this unambiguously, we are reminding our people that self-defence is Oright especially when your security is under threat from these violent so-called protesters”
In the same statement, the Defendant made undertones and innuendos suggestive of armed response, violence and death by remarking that Emerson Mnangagwa was once an armed soldier who knows that the result of this (protests) is death
i. Complainants’ sworn statements
ii. Online Video footage (downloadable)
E. PROBABLE CAUSE
There are reasonable grounds to believe that the Defendant and his accomplices committed the crime of Inciting Public Violence as defined in Section 36 (1) (a) of the Criminal Law Codification and Reform Act more particularly in that;
- The Defendant made a public address which was recorded and beamed live on various social media platforms by media houses such as 263 Chat, TechMag TV, ZBC News Online, RosGwen 24 TV among others. The public address was further published on the print media by publications which include, The Herald Newspaper and the Daily News
- The public address contained a public plea and encouragement targeted at ZANU PF supporters over whom the Defendant and his accomplices exercise influence as leaders.
- The Defendant’s utterances are coded in a language which induces violence and anarchy among members of the public
- The Defendant’s remarks are intended to cause violent clashes between ZANU PF supporters and members of the public who may exercise their legal right to protest against the government.
COMPLAINANT’S SWORN STATEMENT
I the undersigned, AGENCY GUMBO hereby make oath and attest to the following:
1. I am the 1″ Complainant in this matter and the averments I make herein are within my personal knowledge, true and correct. My address of service is the care of my legal practitioners of record.
2. I am a sworn officer of the court, being a registered legal practitioner and. I also serve as the MDC Alliance Secretary for Justice and Legal Affairs in the National Youth Assembly
3. I have reasonable grounds to believe that the Defendant acting in concert with his accomplices committed the crime of Incitement to commit public violence on the 27 of July 2020 as I will fully demonstrate herein.
4. On the 27th of July 2020, the Defendant convened a public meeting being a press conference open to all journalists and media houses whereat he addressed the public in a widely broadcasted press statement.
5. In his remarks, the Defendant made comments which were intended at demonising the opposition movement, the civic society and the United States of America’s diplomatic mission in Zimbabwe.
6. With the intention of stirring up anarchy, despondency and genocide, the Defendant criminally labelled the MDC Alliance a terrorist organisation and thus stimulated an attitude of violence against the opposition movement in the same manner witnessed during the Gukurahund phase in the 80s.
7. The Defendant went further to make a public plea to his ZANU PF supporters that on the 31″ of July they had a legal right to violently confront protesters whom he largely labelled as MDC Alliance supporters and loyalists.
8. Further, the Defendant urged the listening public and his ZANU PF supporters in particular to use any means necessary to defend themselves.
9. The utterances made by the Defendant during a live broadcast of his Press Statement on the 27 of July 2020 was later followed by a response from his ZANU PF supporters who posted a video on the 28 of July 2020 wielding machetes and axes while echoing the Defendant’s violence sentiments.
10. The Defendants public statement video and the video by ZANU PF thugs wielding articles of violence are as attached to the particulars of this complaint.
11. I have every reason to believe that the Defendant, if not apprehended, poses a threat to peace and will further instigate and perpetrate heinous acts of violence against the public and more particularly on the 31st of July 2020.
MDC Alliance Youth Assembly Secretary for Legal Affairs, Agency Gumbo