MDC’s Nabanyama declared dead

Newsday

By Fortune Moyo

19 October 2010

Patrick Nabanyama, who disappeared after being abducted at the beginning of Zimbabwe’s political turmoil in 2000, has finally been declared dead.

The declaration was officially made on August 11, but the announcement was made by his wife Patricia Nabanyama only Tuesday.

She immediately applied for private prosecution of her husband’s alleged murderers.

Nabanyama was a polling agent for David Coltart in the volatile June 2000 parliamentary election.

Coltart is now the Minister of Education, Sport, Arts and Culture.

Nabanyama was reportedly kidnapped by suspected state security agents and war veterans from his home on June 19, 10 years ago.

In June 2000, a gang of up to 10 armed suspected Zanu PF activists, driving a white Mazda truck with no number plates, reportedly descended on Nabanyama’s house and abducted him.

He was reportedly beaten and bundled into the vehicle which drove off at high speed. Since then he has never been seen.

Provincial magistrate Rose Dube announced the declaration.

“After reading all the documents, Patrick Nabanyama is declared dead,” reads the order.

Nabanyama’s wife yesterday applied for a private prosecution of the remaining six accused persons who were implicated in her husband’s kidnapping.

A private prosecution follows when the Attorney General (AG) officially declines to prosecute for whatever reason and then issues a nonne proseqie, a certificate that allows one to engage any other lawyer or prosecutor, other than the AG, to deal with the case.

A private prosecution cannot proceed without the certificate.

Nabanyama’s wife processed the application to the AG’s Office supported by the Zimbabwe Victims of Organised Violence Trust (ZVOVT), an organisation representing victims of political violence.

The application, a copy of which is in NewsDay’s possession, states that it is being made in terms of Section 16 of the Criminal Procedure and Evidence Act Chapter 9:07.

“I have noted with grave concern that your office has failed and/or refused to prosecute the individuals listed below with the offences of murder and/or kidnapping. In the face of your failure to do so, I request your offices to issue a certificate in terms of section 16 of the Criminal Procedure and Evidence Act Chapter 9:07, so that a way is paved for a private prosecution of the said individuals,” reads the letter.

“The deceased Patrick Nabanyama was my husband and in terms of Section 13 and 14 (c) of the same Act, I believe I am well within my rights to pursue this case in this manner. The individuals concerned are Stanley Ncube, Ephraim Moyo, Julius Sibanda, Simon Rwodzi, Mr Moyo and Ngoni.”

Bekithemba Nyathi, the Trust’s secretary, emphasised the matter be dealt with urgently.

“As an organisation, we would hope and pray that this matter be treated as urgently as possible so that the matter is prosecuted to its logical conclusion and, above all, to afford Mrs Nabanyama and her family deserved peace of mind, free from the nightmares she has to live with every day knowing her husband’s alleged killers or kidnappers continue to walk free without any form of sanction for their alleged roles in her husband’s gruesome death,” he said.

ZVOVT recently demanded a fresh inquest and prosecution of the six surviving war veterans accused of kidnapping and murdering Nabanyama.

Victims of political violence, civic groups and the two MDC parties have said justice is a prerequisite to a successful national healing process for the country.