The Mnangagwa regime is deeply concerned about the threat that Nelson Chamisa’s MDC A Party poses to its hegemony and yesterday went to extraordinary lengths to try to neutralise that threat. On the face of it the Supreme Court has ordered Chamisa to submit himself to another Congress of the MDC which will be convened by a political opponent Thoko Khupe.

The Supreme Court through Judges Patel, Garwe and Guvava itself had to contort legal reasoning to arrive at its judgment. Whilst the thrust of this article is not to give a critique of the judgment suffice it to say that its legal reasoning is seriously flawed from start to finish. A few examples: firstly, when the case was brought the pleadings show that the Party cited was the MDC T. The Judges changed that in the judgment to the MDC alone, which it cannot do. The only “MDC” party the Zimbabwe Electoral Commission (ZEC) has recognised since 2008 has been the party known as the MDC led last by Welshman Ncube which formed part of the GNU, but which was dissolved when it joined the MDC Alliance prior to the 2018 election. This was no typographical error by the Judges but part of the deliberate attempt to conflate a variety of parties into one MDC so that the purpose of the judgment could be achieved.

Then, secondly, although the Court agreed that the entire issue was moot (because both Khupe had held a Congress for the MDC T in May 2018 and the MDC A had a Congress in May 2019) and that it “cannot but take judicial notice of (certain) political realities” it chose to be exceptionally selective in which realities it took notice of. The one glaring fact which the Court ignored was what State organs have accepted as fact – namely that the July 2018 election was contested by, amongst others, two separate political parties, namely the MDC T under Thoko Khupe and the MDC A under Nelson Chamisa, which were accepted as different political parties by ZEC, and have been accepted as such ever since. Parliament itself accepts that there are two separate parties in Parliament at present – namely MDC A and MDC T. These facts were conveniently ignored by the Supreme Court which was clearly at pains to conflate the two.

Then at page 32 of the judgment Patel J accepts without demur the contention of Khupe’s lawyer Mr Madhuku that there are “two groups calling themselves the MDC T and there is therefore a leadership wrangle which must be resolved”, and uses that later on in the judgment to say that despite the “mootness” of the matter that is the issue which must be resolved. There are not two leaders claiming to be leaders of the MDC T, nor have there been since mid 2018. Nelson Chamisa stood as Presidential candidate for the MDC A in July 2018 and Thoko Khupe stood as Presidential candidate for the MDC T. Chamisa has never contested Khupe’s right to stand as President of the MDC T. So the attempt by the Judge to construct a “leadership wrangle” which must now be resolved is entirely contrived and flies in the face of facts which are all before us. It is remarkable piece of legal gymnastics but falls flat and will forever hereafter be a serious blot on the Supreme Court.

Sadly the perception that this is political judgment is further enhanced by events which surrounded the handing down of the judgment. Firstly, the timing of the judgement is curious. Our leadership has known about the existence of the judgment for weeks and yet the Supreme Court chose to hand it down two days after a nationwide lockdown called to combat the Coronavirus pandemic. The timing is made all the more intriguing given what the Chief Justice himself ruled, namely that the judiciary would join the lockdown and that all cases save for urgent matters would be postponed. The inescapable inference is that the Court chose this timing deliberately because it was politically convenient to do so.

Secondly, it is clear that not only did the other people, save for Chamisa, have prior notice of the existence of the judgment but also knew its content. The 4 page typed and edited statement read out by Morgan Komichi at the conclusion of the judgment was obviously prepared well before the judgment. One asks the question – how did he know about the content of the judgment, and the ruling it would make, in advance and have so much time to prepare the statement he did? Nelson Chamisa’s lawyer Innocent Chagonda was only advised that judgment was going to be handed down at 9 minutes to 12 noon yesterday. In like manner Thoko Khupe’s tweet issued yesterday morning was clearly optimistic – she ended it as follows “In unity let’s renew & build our great Party”. What did she know to give her such optimism prior to the judgment being handed down? Linda Tsungirirai Masarira tweeted at 12.16pm yesterday “I have got a feeling that today is going to be a very good day for me…” What gave her that cause for optimism? As far as I know she isn’t clairvoyant. Then finally on this score the Police were deployed well before the judgment locking down the MDC A’s headquarter building. Why was this necessary unless the Police had prior knowledge that the judgment was going to go against the interests of Nelson Chamisa’s MDC A party?

Unfortunately the content of the judgment, its final ruling and the circumstances of its delivery have compounded the perception in the minds of many that the Judiciary has not acted professionally, independently and in compliance with its Constitutional obligations. But there is no meaningful appeal to the judgment and so democratic forces have to accept its reality and move on.

Despite the contortions of the judgment the fact is that this case was brought against the MDC T, not the MDC A. That was the party cited in the pleadings and the attempt by the Judge to conflate the MDC T and MDC A parties failed to the extent that the order to have another congress can only apply to the MDC T party led by Thoko Khupe. She can go ahead and have another Congress and we in the MDC A will not do anything to hinder her and her colleagues.

However there is no doubt a more insidious aspect to the machinations of the Mnangagwa regime and its allies Madam Khupe and her colleagues Mwonzora and Komichi, which is revealed in paragraph 6 of Mr Komichi’s statement – namely that “the current leadership is asked to hand over the assets of the Party to the Secretary General. All financial records should be handed over to the Treasurer General of the Party”. Unless Komichi is referring to the assets of the MDC T led by Ms Khupe he too seeks to conflate the MDC T and MDC A parties. I personally have never been a member of the MDC T and in May last year was elected as Treasurer General of the MDC A. The bank and party accounts I have opened since then are all in the name of the MDC A and the MDC A constitution was used to open those accounts, not the MDC T constitution. Likewise all the assets which have been acquired since May 2019 clearly belong to the MDC A party, which is not subject to this order of the Supreme Court.

It is clear from the actions of the Police yesterday, who blocked Vice President of the MDC A Tendai Biti from entering the MDC A headquarter building, and this morning when they blocked members of our staff from entering the building, that the State is going to back Mr Komichi’s attempt to seize control of MDC A assets. If ever there was evidence that this is entirely a plan concocted by the Mnangagwa regime to destroy the only political party which poses any threat to its control, then this is it. The judgement does not give the Police these powers. The Headquarter building is not even registered in the name of any version of the MDC but is owned by an independent Trust which leases it to the MDC A. Without a court order in the name of the Trust the Police has no lawful right to bar the MDC A from using the building.

There is also no doubt that the Mnangagwa regime will now use this judgment to block the Parliamentary budgetary amount allocated to the MDC A. We are currently entitled to some RTGS $ 7 million to run our operations but the regime has been stalling for weeks now on transferring the money allocated to us in last year’s budget, yet another example of how the contents of this judgment have been known for weeks. The RTGS $ 7 is due to us by virtue of the proportion of seats we have in Parliament. The MDC T does not get any allocation because it did not meet the threshold of percentage of seats which have to be won as contained in the Political Parties Act. We are entitled to this money by right of law as set out in the Political Parties Finance Act and the judgment, I repeat, makes no mention of the MDC A party and does not apply to it. Any blocking of this amount will be entirely unlawful.

The only good thing about yesterday’s judgment is that it lays bare once and for all those who had infiltrated the MDC A and indeed the original MDC established in September 1999. Their identities are all now known, working as they are hand in glove with the Mnangagwa regime. It interests me that many of those now exposed are the very people who worked so hard in 2005 to divide the original MDC party and succeeded then. I was present at the meeting of the MDC A Standing Committee on the 10th March 2020 when Professor Welshman Ncube clinically interrogated Messrs Mwonzora and Komichi regarding the intelligence our leadership had then about the ZANU PF plot. They denied it all and pledged afresh their allegiance to the MDC A. I have found their duplicity breathtaking. History will judge them harshly. Moreover we will be all the stronger without having such charlatans in our midst.

What about the way forward? We will of course use all the power at our disposal to resist these machinations. But more importantly is what I shared with Nelson Chamisa this morning particularly Psalm 73:26 which says “My flesh and my heart may fail, but God is the strength of my heart and my portion forever”. Isaiah 40:29 says “He gives strength to the weary and increases the power of the weak”. There is no doubt that in many senses we are now at our weakest – we have the full force of a brutal, corrupt and violent state arrayed against us. The regime will probably use its power to deprive us of our buildings, assets and income in the coming weeks.

But I believe that it is in our moments of greatest physical weakness that we are strongest. This judgment has stirred the wrath and indignation of our members, supporters and friends in Zimbabwe and throughout the world and from the messages I have received since the judgment it is clear that if anything this will only boost our support. Our real power lies not in our physical assets but in our steadfast belief in, and compliance with, the principles of democracy, justice, non violence and respect for the rule of law, and the unwavering support of millions of Zimbabweans who believe in the same principles. It is that power which will enable us to prevail.

Senator David Coltart

Treasurer General MDC A
Bulawayo
1st April 2020

Zimbabwe Independent

By Nyasha Chingono

27th September 2019

TWENTY years after it was formed amid high hopes, the opposition MDC’s pathway to power remains hazy amid concerns it lacks the gravitas to mount a formidable challenge to dislodge Zanu PF from power.

On the contrary, its nemesis, formed in 1963, managed to win state power just 17 years after its formation, albeit in very different circumstances.
September 11 marked exactly 20 years of the MDC’s existence, the party having travelled a long, arduous journey in which it has gone through several transitions.

At 20, the MDC’s major opponent, Zanu PF, had already formed a government and gathered a formidable force to lead post-independent Zimbabwe. By the time Zanu PF marked its 20th anniversary in 1983, the party was already in government.

One of the key distinguishing factors between the two parties is that from the time it was formed to pursue the liberation struggle, Zanu PF managed to assemble a large pool of thinkers to help articulate its cause on the local and global political arena. But the MDC has relied largely on the charisma and popular appeal of its leadership, from its founding president, the late Morgan Tsvangirai, to the current leader Nelson Chamisa.

Ndabaningi Sithole, Zanu’s founding president, Herbert Chitepo, Leopold Takawira, Edson Zvobgo, Edison Sithole, Robert Mugabe, Dzingai Mutumbuka, Rugare Gumbo, Bernard Chidzero and Fay Chung were part of the stellar cast of outstanding political and intellectual actors Zanu had within its ranks, in the 17 years leading to independence in 1980.

It is difficult to say the same of the present-day MDC. While the party has some intellectuals of note, most notably Welshman Ncube (a professor of law), Tendai Biti (a prominent lawyer), David Coltart (another distinguished lawyer) and Chamisa, who is also a lawyer, among a few credible leaders, there is very little quality elsewhere in the party. To his credit, despite his youth and lack of experience, Chamisa has managed to attain respectable academic qualifications which have broadened his intellectual clout to add to his charisma. But beyond these few top leaders, the MDC is pretty much thin on thought leadership.

The aforementioned have over the years gained international exposure, while some had a stint in government during the 2008 Government of National Unity (GNU), affording them some experience at the coal face, but the same cannot be said of the rest of the leadership. Although Chamisa is a charismatic leader who managed to win 43% of the votes in last year’s presidential election, he lacks critical experience and gravitas in the intricacies of statecraft. Another weakness of the MDC is that the party lacks a clear political ideology.

During its time as an opposition party, Zanu PF clearly defined itself as a variant of a Marxist-Leninist movement fighting to liberate the country from white minority settler rule. That ideology was carefully coded, simplified and taken to the masses who responded in kind to deliver independence.

The MDC, on its part, remains without a clear ideological position through which it can sell itself as a real alternative to the ruling party; to the effect that even latter-day opposition parties in other countries, like the Economic Freedom Fighters (EFF) of South Africa, have provided good examples of truly ideologically clear movements.

Whether or not one agrees with what it stands for is another issue, but the EFF has a clearly defined conceptual framework; which basically revolves around the old black consciousness concept underpinned by radical socialist political ideas like expropriation of land without compensation, a war against white monopoly capital and black economic emancipation.

As far as such issues are concerned, the MDC remains unclear. For instance, its latest policy document, Reload, appears to advance a centre-right policies which appears to embrace the Washington Consensus.

Failure to articulate its ideological standpoint has also impacted its policy propositions with regards to the economy, among other propositions, where Zimbabweans are calling on the opposition to provide an alternative. With the MDC leadership dispute resolved a year after Tsvangirai’s death, the MDC should be at the forefront of proffering alternative solutions to the country’s unrelenting economic crisis.

From a social base mobilisation perspective, the MDC has been significantly weakened, especially in rural areas where it has consistently fared badly in polls.
While the party can take advantage of the dire economic situation to garner more support in urban areas, it needs to concentrate on mobilising the rural population.

Chamisa’s popularity in the urban areas is undisputed, but to dislodge Zanu PF, the MDC also needs the rural vote which it has failed to wrest since Tsvangirai’s days.

During the 2018 elections, the nrural vote — the MDC may dispute this — was critical, even though manipulation and rigging of the electoral processes was evident.

To its advantage, Zanu PF has conflated with state, using state machinery, including the state funds and other resources, the military, police and intelligence operatives, for political expediency. This has kept the MDC on the back foot.

Stephen Chan, a professor of world politics at the School of Oriental and African Studies at the University of London, told the Zimbabwe Independent the MDC had done well to challenge Zanu PF, but failed to provide a solution for Zimbabwe during its 20-year existence.

“The MDC was a vibrant opposition party under Morgan Tsvangirai, up to the point in time when it entered the coalition government in 2008. Then, notwithstanding constant impediments put before it by Zanu PF, it discovered how hard it was to actualise reform and introduce new policies,” Chan said. “Under Nelson Chamisa, it does not behave like an opposition party in parliament. It seeks to express opposition in the streets. But, in parliament it has offered no detailed alternative economic programme to that of (Finance minister) Mthuli Ncube. So Ncube leads the economic debate because no one is challenging his policies. I have consistently pointed out the flaws in Ncube’s policies, but it is as if the MDC — while seeking a fairer distribution of wealth — has no ideas about how to generate wealth and therefore recovery,” Chan said.

The only person who has consistently challenged Ncube is former finance minister Biti; Chamisa does it occassionally.

Political analyst Ibbo Mandaza said despite some weaknesses, the MDC still maintains a strong political base amid a political and economic crisis.

“MDC has made its mark on the Zimbabwean political landscape. It was the first opposition which made a mark in post-independent Zimbabwe. This has happened during a time Zimbabwe has been facing the worst economic and political crisis,” Mandaza said.

Newsday

BY DESMOND CHINGARANDE/RUTENDO MATANHIKE/NQOBANI NDLOVU

26th September 2019

udge president Justice George Chiweshe yesterday dismissed the State’s urgent chamber application to stop Zimbabwe Hospital Doctors’ Association (ZHDA) leader Peter Magombeyi from leaving the country for South Africa to seek medical attention.

The State had submitted that it wanted more than two more days to carry out forensic tests before Magombeyi could leave the country.

The State had also asked the court to be allowed to “escort” Magombeyi and “provide him with security” to South Africa, but the judge dismissed the application, saying it was an illegal detention by the State.

“It is ordered that respondents or anyone acting through them are hereby ordered to release Peter Magombeyi forthwith and in any event no later than an hour of them being served with this order,” Justice Chiweshe’s ruling read in part.

Police on Tuesday challenged a High Court order issued earlier by Justice Happius Zhou allowing Magombeyi to travel to the neighbouring country. Police argued they were still carrying out investigations on his alleged abduction.

Meanwhile, MPs yesterday put government to task for blocking Magombeyi from seeking medical attention outside the country and in defiance of a High Court order.

Harare Central legislator Zwizwai Murisi (MDC Alliance) questioned whether police had the final decision in allowing an individual to seek medical treatment outside the country.

“I would like clarification on your ruling Mr Speaker, I think that the follow-up question was to say that if an individual’s decision to seek treatment outside the country depended on payment and affordability, is it government policy to then have further requirements before an individual can go and seek treatment outside the country?” Zwizwai asked.

Zengeza West legislator Job Sikhala (MDC Alliance) questioned what steps government was undertaking to ensure Magombeyi was allowed his right to leave the country to access health care in South Africa.

“Since the government cannot decide where an individual can seek treatment, we have an issue where the government through the police is denying Magombeyi to seek treatment outside the country. What measures are being taken by government to ensure that Magombeyi accesses medical attention in South Africa considering that police are hindering this process?” he asked.

Speaker of the National Assembly, Jacob Mudenda dismissed the issue, arguing that the case was currently before the courts.

“This matter has gone to court and we cannot in Parliament interfere with the court process. Let us wait and hear what the court will say,” Mudenda said.

Meanwhile, MDC treasurer-general David Coltart implored the international community to “flex” its muscles against President Emmerson Mnangagwa’s government for allegedly blocking Magombeyi from seeking medical treatment in South Africa.

Magombeyi, who is ZHDA acting president, has been prevented from travelling to the neighbouring country to seek medical treatment following his alleged abduction and torture by suspected State security agents.

Coltart accused government of being “increasingly paranoid” and fearing medical examinations in South Africa might prove Magombeyi was “tortured, electrocuted or even poisoned (or injected with other substances)”.

“The international community must flex its muscles … Having gone to court, Magombeyi has exhausted his domestic remedies against a regime which has scant regard for the rule of law and constitutionalism,” Coltart said.

“It appears his life may depend on a robust demand being made by the international community. (President Emmerson) Mnangagwa himself must be left in no doubt about the severe consequences of this barbaric conduct demonstrated by his government today. In short, the international community must speak out to compel the Mnangagwa regime to allow Magombeyi to seek urgently medical treatment in South Africa,” Coltart added.

“It appears that the regime, confronted by a decision between the devil and the deep blue sea, has now decided that it must prevent Magombeyi from travelling to get this further medical diagnosis and treatment.”

Information minister Monica Mutsvangwa in a statement said government was not holding Magombeyi against his will.

“Satisfied that his personal security is guaranteed, government will ensure that Dr Magombeyi is free to travel to a place of his choice without hindrance,” she told journalists in Harare yesterday.

David Coltart Blog

Bulawayo

24th September 2019

Zimbabweans can be forgiven for thinking that they must be with Alice in Wonderland because our legal system and law enforcement is so increasingly and utterly bizarre.

About 10 days ago a medical doctor, the President of the Zimbabwe Hospital Doctors Association, who was representing doctors in salary negotiations with government, Dr Peter Magombeyi, was abducted and disappeared for 5 days. He was found by police last Thursday night dumped in the bush disorientated and suffering from loss of memory. Initially although he was the victim he was denied access to his lawyers and fellow medical practitioners who had been looking for him.

Since he was allowed to leave the police station in the early hours of last Friday morning he has been hospitalized. Senior doctors have reported that although he has not suffered major external physical injuries his body and blood samples show that he has been tortured, and possibly injected with an unknown substance. There is one report this evening put out by a credible Zimbabwean journalist that he has been poisoned.

Whatever the case his medical team has recommended that he be transferred to a South African hospital so that he can receive more specialized observation, diagnosis and treatment. This morning Dr Magombeyi’s legal team got wind of news that the police intended to prevent him from leaving the country, even though he is the victim of his own disappearance and torture, not the accused.

An urgent application was brought before the High Court by Dr Magombeyi’s father, Kingstone Magombeyi, against the Commisioner of Police seeking an interdict preventing the police from stopping his transfer to a South African hospital. The Commissioner of Police was represented by a government lawyer who consented to the order.

This evening when the medical team tried to assist Dr Magombeyi to be discharged from the hospital he is in to catch a flight to South Africa, they were barred by police backed by Riot Police from leaving. The police were in clear contempt of the High Court order but resolutely refused to allow Dr Magombeyi to leave.

The Commissioner of Police has now filed an urgent application seeking to overturn the order granted by consent this morning, using, bizarrely, the Constitution to justify his claim and equally bizarrely asserting that the government lawyer had no right to consent to the original order. I have attached some of the court papers filed this evening which are in legal terms at least utterly bizarre.

The affidavit of the officer in charge of police Law and Order section, Michael Chibaya, is particularly astonishing. It is attached below. In paragraph 3.2 Chibaya states under oath that the Respondent’s son – the “Respondent” is Dr Magombeyi’s father Kingstone Magombeyi in whose name the High Court order was obtained- i.e. Dr Mgombeyi, “underwent medical examination and the government doctors indicated that he is unfit to travel”. In the next paragraph Chibaya states that Dr Magombeyi “is being given security for his own personal safety and it will be prudent that if he is to go to South Africa for medical examination that he be given security by the State and in the mean time no such arrangements have been made.” Unwittingly the police officer confirms that Dr Magombeyi has been tortured because why else would he be unfit to travel? But of course it is not the State’s prerogative to decide whether he is fit enough to travel or not, that is up to Dr Magombeyi, his family and his own medical team. And the “security concern” is simply risible – Dr Magombeyi is not an accused person and once again it is his decision whether he needs State provided “security”, whatever that means.

It goes without saying that Dr Magombeyi is the victim in all of this. In all the papers I have managed to read the police have not said that he is accused of anything – something I suppose they would be reluctant to say on oath because it would just be so ridiculous. If Dr Magombeyi is not an accused person then it follows the police have no right to interfere with his liberty, one of the most fundamental Constitutional rights. And they certainly have no right to prevent him from seeking the medical treatment his doctors believe he should receive.

So why is the regime doing this? I don’t know but can only speculate. It has been the regime’s contention that either the disappearance was “fake”, namely that Dr Magombeyi organised for himself to be abducted, tortured and dumped in the bush, or that the disappearance was the work of a “3rd Force” which presumably, according to this line of propaganda, abducted Dr Magombeyi against his will in a bid to embarrass Mr Mnangagwa as he was about to leave for the UN. As absurd as these allegations are, even if they were true neither constitute a crime committed by Dr Magombeyi. It is pertinent to note that he hasn’t released a single statement since his abduction to suggest any motive even if he did abduct himself. In other words it isn’t a crime to disappear oneself, self flagellate or get lost in the bush. It certainly isn’t a crime to be abducted by a 3rd Force.

Although the regime hasn’t decided which of these stories it is going to stick with, both of the stories have become increasingly problematic in the face of medical evidence which shows that Dr Magombeyi has suffered severe trauma. Right from the outset the claims of the regime were ludicrous – for example given their silence regarding nearly all of the other 50 disappearances this year, does their assertion that the disappearance of Dr Magombeyi was “fake” mean logically that all the others were “real” and committed by state agents?

But there is no doubt that the news that Dr Magombeyi needs certain further tests in South Africa has

alarmed the regime even further . If expert medical opinion in South Africa reveals that Dr Magombeyi has been tortured, electrocuted or even poisoned (or injected with other substances) that will be deeply embarrassing to the regime.

It appears that the regime, confronted by a decision between the devil and the deep blue sea, has now decided that it must prevent Dr Magombeyi from traveling to get this further medical diagnosis and treatment. That has resulted in the utterly bizarre events of today where a victim is treated as if he is a common criminal.

This is a regime which is increasingly paranoid and unhinged. It has dug itself into a deep hole. In seeking to exculpate itself from the crimes against humanity it is alleged to have committed in recent months, which systematic disappearances by the State are, it has spun a propaganda yarn which is increasingly untenable and deeply embarrassing to Mr Mnangagwa who will have to face the international media in New York if this goes horribly awry with South African doctors leveling serious allegations against his government.

What is worrying however is the report this evening that Dr Magombeyi may have been poisoned and that he needs urgent medical attention for this. Equally troubling is the report that critical evidence of what may have been injected into his system may be lost if there is any further delay. So both medically and forensically it is critically important that he be allowed to travel to South Africa.

The international community must flex its muscles, particularly the South African government . Having gone to Court Dr Magombeyi has exhausted his domestic remedies against a regime which has scant regard for the rule of law and constitutionalism. It appears his life may depend on a robust demand being made by the international community.

Mr Mnangagwa himself must be left in no doubt about the severe consequences of this barbaric conduct demonstrated by his government today. In short the international community must speak out to compel the Mnangagwa regime to allow Dr Magombeyi to seek urgent medical treatment in South Africa.

Bulawayo News 24

24th September 2019

By Thomas Mukandi

The acting president of Zimbabwe Hospital Doctor Associations Peter Magombeyi, who was allegedly abducted on Friday last week in Budiriro, was on last week Thursday night confirmed to have been released from the hands of his abductors in the evening.

Magombeyi’s release comes after doctors had embarked on a national wide strike demanding the release of Magombeyi, as his alleged abduction was concluded to be linked to his adamant and vocal stance in demanding fair remuneration and working conditions for doctors from the government.

Magombeyi was confirmed found in Nyabira, 33km north west of Harare along Chinhoyi Road, he had his cell phone and wallet but no ID.
A plethora of speculations, allegations, accusations and hypothesis have been awash in Zimbabwe from different perspectives, the government, media, opposition political parties , human rights groups and the general populace since Magombeyi’s return.
The golden question now is; who is behind a spate of abductions in Zimbabwe. 

The government officials have pointed that there is a third force working with opposition political parties, while the opposition points the state as a regime that intimidates citizens through abduction and brutality.

Deputy Minister of Information Publicity and Broadcasting Energy Mutodi, affirmed that opposition political parties were behind the disappearance of Magombeyi, with the aim of intending to dent the image of the government, he further dismissed a spate of abductions which was witnessed recently as fake.

 “Dr Peter Magombeyi’s disappearance is a desperate attempt by opposition parties working with other forces to tarnish the government ahead of the UN General Assembly. Like I have said before, I still maintain only fools can be fooled by these fake abductions,” said Mutodi.

 The ruling party ZANU-PF described the alleged abduction of Magombeyi as a stage managed performance which had many flaws which are evidently visible and far from being true.

“So after the alleged abductors dropped Dr Magombeyi, they had the kindness to return to him his phone they apparently had kept fully charged for the whole week. Generous abductors or is it a case of a badly written script with a bad ending?  Game Of Thrones,” pointed ZANU-PF on its official twitter handle.

Popular media personal Blessing Mhlanga dismissed one of the claims by ZANU-PF of stage managing the abduction and as to why Magombeyi had a charged phone 5 days after his abduction.

“If the phone was off for since Saturday how would the battery be down,” said Mhlanga.

State owned newspaper Herald had recently published an article were it linked the abduction cases be to perpetuated by the opposition party MDC. President of the MDC dismissed the Herald story as false and factious.
“A Herald of falsehoods, lies and fiction!!,” said Chamisa.

The MDC released a statement refusing the government’s third force assertion saying Zimbabwe had a history of state abductions.

“In light of the disappearance of the acting president of the Zimbabwe Hospital Doctors Association, Dr. Peter Magombeyi, the State has sought to cast aspersions and blame other organizations, including the MDC. Yet Zimbabweans have suffered massive violence, abductions and murders at the hands of the State and Zanu PF,” read a statement by the MDC.

The MDC went on to outline different abduction cases that happened in the past that targeted opposition members like Morgan Tsvangirai and  Tonderai Ndira, and civil organisation activists like Jestina Mukoko and Itai Dzamara, and said the MDC has always been a victim of state sponsored violence and abductions.

“It is trite to state that the State’s hand is conspicuous in all these murders and abductions that have taken place since 1980.The MDC is a legitimate political player in the country and throughout its 20 year-existence, the party has always been a victim and never a perpetrator of violence,” added the MDC statement.

Obert Gutu who broke away from the Movement for Democratic Change (MDC), said the alleged abduction and release of Magombeyi has many aspects that are not adding up as to whether the incident was authentic or not and who is behind.

“Was Dr. Peter Magombeyi really abducted or he’s up to some funny tricks? It’s not adding up. There are more questions than answers. A lot of loose ends. We want to get the story behind the story,” said Gutu.

During the reign of the late president Robert Mugabe, one of the political activist Itai Dzamara, was also abducted and was never found up to this day, his brother Patson Dzamara noted that the release of Magombeyi from the abductors was as a result of the pressure that the doctors had mounted to the state, ‘No Peter no work’. Patson said if the same pressure had been applied to Itai Dzamara could have been released from the adductors.

“Of course, we betrayed Itai Dzamara by not pilling enough pressure but I am happy we learnt an important lesson. The solidarity and pressure I saw around the disappearance of Peter is commendable. Well done Zimbabwe. Never again shall we have another Itai Dzamara,” said Patson Dzamara.

MDC Treasury David Coltart further concurred with the view that the release of Magombeyi was as a result of the pressure that the doctors had mounted to the government of Zimbabwe led by Emmerson Mnagagwa.

“Congratulations  to his fellow doctors, legal team, the general public and the international community for the massive pressure placed on the regime to release him said,” said Coltart.

David Coltart further noted that the state knew where Magombeyi was being held at, deducing from the comment that was made by the Deputy Minister of Information and Broadcasting, Energy Mutodi.

“Our very own dear deputy minister of propaganda appears to have known that Dr Magombeyi was alive well before Dr Magombeyi was able to get hold of his colleagues. The good Minister tweeted at 16.20 and I quote “We hope Dr Peter Magombeyi will sober up and find his way home,” highlighted Coltart.

When Magombeyi was released from the hands of the abductors, he made contact with Studio 7, a news platform that operates outside the borders of Zimbabwe in America Washington DC, he highlighted that he could not recall what had happened to him while he was in the hands of the abductors.

Over the weekend reports are that Magombeyi was tortured and electrocuted on his testicles and chances for him to sire children are now slim.

“I might be having retrograde amnesia, I am not sure about that,” said Magombeyi

Amnesia is a period where you can’t recall what happened.

“Dr Magombeyi is a fraudster. He faked his abduction. The authorities must dig deeper into his alleged abduction,” said Razaro Chimombe.

Minister of State Security Owen Ncube, in a statement on Tuesday said the third force matrix cannot be ruled out, especially as these abductions are occurring at a time when the president is supposed to be attending high profile meetings.

“I am cognisant that such reports usually come ahead of major international conferences. I have also instructed the security forces to investigate whether or not a third force is involved. I have however, directed the security services to approach this investigation with an objective and open mind,” he said.
Veteran radio DJ Ezra Sibanda, said the resurfacing of Magombeyi must be taken seriously and an investigation must be carried out to find out how he got out of the hands of his abductors.

The debate now continues to rage as the third force matrix and the state matrix questions remain in play. The nation now awaits how the police will lead in exposing the abductors.

Over the weekend MDC deputy chairperson, Job Sikhala said he feels for Magombeyi’s traumatic situation as he recalled how he himself was once abducted and tortured by state agents in 2003 during Mugabe’s era.

“There is no single doubt both in my conscience and my heart that Dr. Peter Magomeyi was savagely tortured by societal outcasts in our country this 21st century. Having listened to the telephone conversation between Dr Mugomeyi and the Studio 7 reporter after reports that he has been dumped in Nyabira, the traits of a tormented soul as manifested to me after my torture on the 13th of January 2003 together with Advocate Gabriel Shumba, Taurai Magaya and Charles Mutama was clear,” revealed Sikhala.

“After having been dropped back at the Harare Central Police Station, I found Charles Mutama already back in the cells, Advocate Gabriel Shumba and Taurai Magaya were also in and told me that they were shifted from Mbare and Matapi holding cells to Harare Central after their torture. I found them groaning in pain squashed on a corner and quickly suspected that they were done what was done to me and Charles Mutama. When they saw me they started crying. This trauma has affected Magaya up to this present day. He just cries without provocation despite medical treatment he obtained after the torture. Anongotanga kungovovora kana zvamubata without anything done to him,” narrated Sikhala.

“The truth of the matter is that Dr Mugomeyi was severely tortured and needs a strong support for him to be able to get over it and start to open up….My experience of torture is that it needs someone with a strong character to come out in the  open. Torture kills all the human feelings someone might have. It needs serious counseling and rehabilitation,” added Sikhala.

The state abduction matrix, is a thinking that suggests that the state has always been involved in the torture and abduction of individuals, groups and organisations that oppose government.

The thinking suggest that Magombeyi was abducted by state agents, who wanted to silence him against leading the doctors in their call for improved salaries and working conditions. This is evidenced by the threats the members of the ZHDA received in the past, including other workers union leaders who were harassed and tortured in the past.

The state abduction group blames the government for gross human abuse and believes only through pressure and demonstrations can the government listen to their call.

The third force matrix suggests that there is a hidden hand with a lethal agenda to force regime change agenda on an elected government. To achieve this agenda some local organisations, individuals, pressure groups and civil organisations are financially sponsored by outside western countries, (especially those countries that has put economic sanctions on Zimbabwe) to carry out subversive demonstrations, strikes, including fake abductions to get international attention.

The agenda, says the third force group, is to project Zimbabwe as a bedrock of human rights abuses, which will cause the western countries to add more sanctions on the country, and withdraw international economic support, thus cause more pain to the suffering citizens who will in turn revolt against an elected government.
The third force group even suggest countries like America and its allies are heavily involved in the planning and execution of abductions together with the opposition MDC.

ZANU PF Secretary of Youth Pupurai Togarepi, said the MDC has been exposed through its third force theatrics, and says the Magombeyi abduction only further exposed that the third force group was in play and wanted to harm Zimbabwe’s image during the United Nations General Assembly.

“I wouldn’t know whether the desperate third force that is desperately stage managing abductions has achieved its evil goals and objectives through these infantile pranks, but I know the MDC Alliance and its handlers have been exposed as the purveyors of these so-called abductions. They thought that they could hide the doctor and inflict maximum harm on Zimbabwe during the UN General Assembly, but when the net was closing in on them, when exposure was inevitable, they decided to release their colleague, now they are clutching on straws, exposed, and cannot hide. In shame, quislings can never ever claim victory, narrated Togarepi in an interview with SADC News.

Lawyer Alex Magaisa says above everything else, it was the return of Magombeyi that must be celebrated.

“I’m glad that Dr Magombeyi is alive. All else is secondary. It was his family I worried for. I hope they will have some peace of mind as they retire tonight even though he’s still in the hands of the state. My joy is only qualified by the fact that Itai Dzamara is still missing,” said Magaisa.

As the nation celebrate Magombeyi’s return, many questions are now being asked and the answers lie within the two contending ideas. Was the third force behind, or was the state behind the abduction?

The Chronicle (ZANU PF propaganda)

24th September 2019

THE Zanu-PF Youth League says it has noted with concern the recent wave of alleged abductions in the country which are a ploy by the MDC and its allies to destabilise and tarnish the country’s image.

In a statement yesterday, Zanu-PF Deputy Secretary for Youth Affairs, Cde Lewis Matutu, said the recent alleged abduction of Dr Peter Magombeyi, who is the acting president of Zimbabwe Hospital Doctors Association (ZHDA), is linked to the MDC’s cocktail of acts that include violence, propaganda and economic vandalism.

“It has been noted that Dr Magombeyi has finally resurfaced and has given himself up to the police after a period of six days of uncertainty during which his whereabouts were unknown to the general members of the public. It has come to my attention that Dr Magombeyi emerged with no visible physical injuries. It is my belief that the opposition MDC and its allies have embarked on a deliberate programme to destabilise the country through a cocktail of acts that include violence, vile propaganda and economic vandalism in order to achieve unconstitutional regime change and overturn the wishes of the majority of Zimbabweans as expressed in the July 2018 elections,” he said.

Cde Matutu said the ruling party has long maintained that the MDC has resorted to fabricating abductions with the specific aim of tarnishing the image of the Government of Zimbabwe. 

“The MDC intended to use the false abduction of Dr Magombeyi as a Trojan horse through which to engage in violent demonstrations with a view to destabilising the nation and effecting regime change. In my opinion Dr Magombeyi was not alone in this charade that he has subjected our country to. He has been acting in concert with the MDC as evidenced by the participation of senior MDC officials, the most prominent being David Coltart,” he said. 

Since last week health professionals have been boycotting work claiming they wanted Government to furnish them with the whereabouts of Dr Magombeyi, who was allegedly abducted by unknown men at his home in Harare’s Budiriro suburb.

Dr Magombeyi was on Thursday last week found in Nyabira, about 40km from Harare. 

His alleged abduction and disappearance sparked demonstrations, with medical doctors downing tools demanding his release, but there were questions on the authenticity of the claim, amid indications that the disappearance could have been stage managed. 

President Mnangagwa has since warned against the rising incidences of false abductions in the country, saying his Government is contemplating measures to deal with the threat and punish those responsible.

Cde Matutu said there was a possibility that the opposition party could be working with some foreign embassies to destabilise the country.

“Immediately after resurfacing, Dr Magombeyi voluntarily submitted himself to an interview with the Voice of America which has been broadcast and widely distributed. Dr Magombeyi indicated in this interview that he has no recollection whatsoever of where he has been for the past days and he cannot remember who abducted him let alone identify his abductors,” he said.

“Ordinary Zimbabweans have found the explanations given by Dr Magombeyi or perhaps the lack of any, implausible and the narration he has given induces a sense of shock and revulsion in any objective and right-thinking person.”

Cde Matutu said the MDC also lobbied teachers and lawyers to support its treacherous cause. 

“In addition, MDC through its representatives in the medical and legal profession had hoodwinked professionals elsewhere in Namibia and Kenya into engaging in acts of solidarity with their cause which was based on the alleged abduction of Dr Magombeyi. I would like to take this opportunity to urge our brothers and sisters across Africa to be wary of exhortations by MDC for expressions of solidarity and to exercise extreme caution when they receive messages from that party,” he said.

Cde Matutu said Zanu-PF was aware that the alleged abduction of Dr Magombeyi was targeted to coincide with the visit of the United Nations Special Rapporteur on the Rights of Freedom and Peaceful Assembly, Clement Voule, who is in country at the invitation of the Government.

“Zanu-PF is further aware of the fact that in the project of the destabilisation of Zimbabwe as currently manifested by the false abductions that we have witnessed, the MDC has assistance and co-operation from some foreign embassies who share the party’s objectives of effecting unconstitutional regime change in Zimbabwe,” he said. Cde Matutu urged police to conduct thorough investigations into Dr Magombeyi’s alleged abduction so that the culprits are brought to book.

Washington Times

By Geoff Hill

23rd September 2019

Human rights groups and activists are demanding the release of CIA and State Department files showing how much the U.S. government knew about what they say was a genocide in the 1980s under Zimbabwean President Robert Mugabe, whose funeral took place earlier this month in Harare.

For more than a decade before he was toppled in a 2017 coup, Mugabe was barred from travel to most Western nations, including the U.S., over claims of torture, electoral fraud and killings of political rivals.

But in the years after he took office in 1980 following the overthrow of white minority rule, Mugabe was a regular visitor to Washington at a time when thousands from the minority Matabele tribe around the southern city of Bulawayo were being killed by a special unit reporting directly to the president.

The targets of the campaign were on the losing end of a post-independence power struggle between Mr. Mugabe and rival guerrilla leader Joshua Nkomo of the Zimbabwe African People’s Union (ZAPU).

The Mugabe government at the time said it was tracking down a small number of ZAPU “dissidents” who had not honored the peace deal and were robbing locals. The former guerrillas also had killed six tourists, including two Americans, near the town of Victoria Falls.

However, reports from churches, nongovernmental organizations and journalists showed that, over a period of four years, government forces imposed curfews, burned and bulldozed homes, and herded thousands of civilians into camps, where they were killed and buried in mass graves.

Later research by the Catholic Church revealed high levels of torture and rape. Many victims, it said, were bayoneted to death or burned alive. The church report estimated that 20,000 people died in the action, but a ZAPU party spokesman said it was “at least double that, or more.”

Gregory Stanton, who served in the State Department and is now president of the activist group Genocide Watch, said in an interview that “all diplomatic and intelligence cables relating to the massacres should be released immediately,” along with reasons “why the U.S. took a decision to remain silent.”

In Zimbabwe, the military campaign against the Matabele was known as “Gukurahundi” — a rain that washes away husks after the corn has been reaped.

“This was a genocide, plain and simple,” said Mr. Stanton, who helped set up war crime courts in Rwanda and Cambodia. “It fits the definition used by the International Criminal Court at The Hague.”

With the death of Mugabe, Mr. Stanton said, it is “time for America to clear its conscience.”

Wilf Mbanga, editor of The Zimbabwean newspaper, said London and Washington had taken part in a “conspiracy of silence that included all of Western Europe along with Australia and Canada.”

He said the priority in the 1980s was to end apartheid and white minority rule in South Africa.

“I think many were reticent to criticize someone like Mugabe, who had fought against white rule in Zimbabwe,” he said. “They wanted to show that democracy was working and South Africa had nothing to fear from handing power to the black majority.”

Amnesty International has joined calls for an inquiry into Gukurahundi and said the “failure to hold anyone accountable set a dangerous precedent.”

Critics say the Reagan administration and prominent black Americans at the time repeatedly passed on opportunities to expose and condemn Mugabe’s campaign of violence and terror.

Senator David Coltart is a former Zimbabwean minister for education. In the 1980s, his Bulawayo law firm represented some of the victims of Gukurahundi.

“It has always been a mystery to me why Ronald Reagan, who was president at the time and who hosted Robert Mugabe at the White House, did not speak out,” he said.

“So many people are still missing, lying in mass graves across Matabeleland. Nothing will bring them back, but answers could help start the healing. Britain and the United States owe them that,” Mr. Coltart said.

In 1983, Newsweek’s correspondent in Johannesburg, Holger Jensen, wrote one of the first stories exposing the Gukurahundi killings. Mr. Jensen later served as foreign editor of The Washington Times.

Pindula News

20th September 2019

Obert Gutu, the Vice President of opposition MDC led by Dr Thokozani Khuphe, which has recently alligned itself with President Mnangagwa, and is part of his POLAD, has said that former Education Minister, David Coltart has a case to answer over the disappearance of acting president of the Zimbabwe Hospital Doctors Association, Peter Magombeyi.

Gutu claimed that the disappearance of Magombeyi who went missing on Saturday 14 September and resurfaced on the 19th was stage-managed. Posting on Twitter, Gutu said:

The unrepentant racist & die-hard Rhodesian Selous Scout @DavidColtart has got a few questions to answer about the farcical, fanciful, fake & stage-managed ‘abduction’ of Dr. Peter Magombeyi.

His remarks come when there are people accusing the state of abducting and torturing citizens. On the other hand, the state has claimed that the alleged kidnappings were either being stage-managed or being conducted by a third force intending to tarnish the image of the government.

The deputy national spokesperson of the opposition MDC led by advocate Nelson Chamisa, however, dismissed the existence of a “3rd hand” theory saying it was the state.

There have been a series of kidnappings lately with members of the opposition MDC, human rights defenders and government critics being nicodemusly taken from their homes.

Some observers said that it was the state’s way of instilling fear in anyone with an opposing view.

Zimeye

20th September 2019

By Farai Dziva

David Coltart has said the Zanu PF government was forced to release the Acting President of the Hospital Doctors Association, Dr Peter Magombeyi due to relentless pressure.

Said Coltart: “Dr Peter Magombeyi was finally released at Harare Central police station at 12.30am and reunited with his family, colleagues and legal team.

I am grateful to God that he is free and safe. Amhlophe to his fellow doctors, legal team, the general public and the international community for the massive pressure placed on the regime to release him.

I have no doubt that once he has received medical attention his legal team will find out what happened to him and advise us all.

Happy Friday everyone – this is a cause for celebration.”

Newsday

18th September 2019

By Everson Mushava

TREASURY has released $3,4 million to the opposition MDC under the Political Parties Finance Act.

The money was released two weeks ago following months of bickering, with the opposition party accusing government of withholding the funds to sabotage its activities.

MDC treasurer-general David Coltart confirmed the development.

“Yes, we have received the interim amount of $3,4 million. We are expecting more – about $1,9 million,” Coltart said.

Coltart said the delay in the release of the funds was meant to frustrate the opposition party.

“The money is now worth a fraction of what it did when it should have been paid. There is no doubt the delay was designed to frustrate us,” Coltart said yesterday.

“It certainly undermined our capacity to fight the various by-elections such as Lupane and Mangwe.”

The MDC has been accusing President Emmerson Mnangagwa’s administration of deliberately withholding the money to cripple its activities, including campaigning for by-elections while the ruling party enjoys a competitive advantage by abusing State resources for campaigns.

Former MDC secretary-general Douglas Mwonzora in April claimed government’s failure to release the funds forced the party into a logistical nightmare in preparing the party’s first elective congress after the death of founding leader Morgan Tsvangirai in February last year.

The Political Parties Finance Act requires government to pay any political party with 5% and more political representation in Parliament.