I have spent most of the morning at Tredgold Building with our legal team trying to secure the release of our distribution coordinator Malthus Ncube. Malthus was arrested on Wednesday evening after a sole ZANU PF operative reported to the Police that Malthus had taken down posters of Robert Mugabe in Woodville.
I was up until 12.30am on Thursday morning at Queens Park East Police station when IÂ secured his release. Malthus went back to QPE station on Thursday morning and was then handed over to the so called Law and Order department which handles all the politically related cases in Zimbabwe. Since then Malthus has been treated in appalling manner.
Despite the best efforts of our lawyers Malthus was held in detention the whole of yesterday, detained over night in the absolutely filthy police cells at Bulawayo Central and only taken to court this morning. There was of course no reason why Malthus could not have been taken to court yesterday as this is not a complicated case – so the delay was deliberately designed to punish Malthus and of course to deprive my campaign of a key member of my staff.
When I got to court this morning I was told that bail would be opposed! Apparently this is an instruction from the Attorney General’s office. It will of course be a profound miscarriage of justice if Malthus is denied bail. The allegation against him is that he took down, ie did not destroy, a few posters which are definitely not worth more than US$5. The allegation is based on the evidence of a single interested party – namely a Zanu PF operative. The Police is aware that we have independent witnesses who will say that the posters had simply fallen down and were lying on the ground. Furthermore I have no doubt that the allegations are baseless. Malthus, as I say, is the coordinator of the team. He has been briefed and trained by me from the very beginning of this campaign about the law and about the need not to interfere with any other candidate’s posters in any way. He has been a highly responsible and motivated member of my team and has worked outstandingly well for over 4 weeks without a single incident. Why he would even be bothered taking down posters, given that ZANU PF provide absolutely no threat to us in this constituency (they may even lose their deposit they have such little support), is beyond logic.
I should not be surprised because this is typical conduct of ZANU PF – they have not changed one iota in the 30 years since I returned to Zimbabwe and every election I have been involved in since returning home in 1983 (either as a lawyer or as a candidate) has been characterised by similar conduct. Even in this campaign I have had numerous posters removed entirely, some defaced or damaged – of course nothing is done about those crimes by the Police. This sets an alarming precedent – that a single ZANU PF operative can make an allegation, without any other corroboration, and in so doing deprive a person of his liberty and my entire campaign of a key member of my team. But that of course is the purpose behind this. ZANU PF know they are in deep trouble and so they resort to their usual DNA. the purpose clearly is to disrupt my campaign.
If there is any silver lining in all of this it is that ZANU PF clearly know who their main opponent is in this constituency. Fortunately when I saw Malthus in the dank cells below the Magistrates Court this morning he understood this. His spirits were high because he understands we are on a roll.
The bail hearing will be this afternoon and I would appreciate your prayers as Josephat Tshuma argues for bail. May the presiding Magistrate remember that his/her role is to ensure that justice is done. For that Magistrate and all who administer justice in Zimbabwe I would remind them of the sobering words found in Amos 5:12-15
“You oppress the righteous and take bribes
And deprive the poor of justice in the courts.
Seek good, not evil, that you may live.
Then the Lord God Almighty will be with you,
Just as you say he is.
Hate evil, love good;
Maintain justice in the courts.”
Those responsible for this ongoing injustice in Zimbabwe will one day have to face an awesome, mighty God who will bring everyone to account. Let every person in Zimbabwe remember that. These outrageous acts of injustice will not go unpunished.
David Coltart.