By Charles Motsi
A simple definition of the word prosecution is given as the institution and conducting of legal proceedings against someone in respect of a criminal charge.
These proceedings are usually carried out by the police in conjunction with the prosecuting authority. In Zimbabwe, these are the Zimbabwe Republic Police (ZRP) and the National Prosecuting Authority (NPA), which respectively follow the constitution and protect the people of this great nation.
On the other hand, persecution is defined as hostility and ill-treatment, especially because of race, political or religious beliefs. This all amounts up to abuse of one’s civil liberties or human rights. It is the police’s duty to carry out prosecutions and protect individuals from persecution. The two words might sound the same but they are worlds apart.
In the local set up, it seems members of the opposition and civil society groups conflate the two and they think they are immune to prosecution. Every time a member of the aforementioned groups is prosecuted, they cry persecution even if they are released in the end after being found innocent by the court of law, they still claim that the justice system is biased and captured.
Just yesterday @citezw founder, Zenzele Ndebele, was arrested at the Bulawayo State House while attending a civic society meeting between President Emmerson Mnangagwa and Civic Society members. Ndebele is being charged with section 43 of the Criminal Law Code which criminalises possession of offensive weapons at public gatherings after he was found in possession of some teargas canisters. As per their usual modus operandi, civic society members are crying foul and claiming that Government is trying to persecute Ndebele.
Now to place all this into context, one has to understand that all along Ndebele has been a freeman even though he has released two documentaries chronicling the 1980s events, commonly called Gukurahundi, where he has apportioned blame on President Mnangagwa for the atrocities of that time. Furthermore, the President had genuine intentions when he set up the meeting with civic society members as per his promise to be a listening president for all. There was no preconceived plan to embarrass or capture Ndebele for persecution.
Moreover, in as far as the president’s security was concerned, they had to be on high alert as only last year, the city of Bulawayo was the scene of an unfortunate and tragic event when someone threw a bomb at the presidium resulting in loss of life and injuries for various members of the president’s security detail and other Zanu PF members who were attending a rally at White City Stadium.
Therefore, for Ndebele to be caught in possession of such suspicious materials at such a time of high security consciousness was a bit irresponsible and careless on his part. One would go as far as to question the true motives behind Ndebele’s actions because it is no secret that some of these gimmicks are usually meant to just grandstand and embarrass the host, in this case President Mnangagwa.
Ndebele is not a victim of some grand plan to oppress the masses, it was simply an individual caught on the wrong side of the law at the wrong place and it is the police’s duty to carryout due diligence and get to the bottom of the matter. The police did not raid Ndebele’s home to look for the incriminating material found on him, it was him who brought the material to a secure location and people expect the police to wink at this.
The Movement for Democratic Change Alliance (MDC-A) acting president, Nelson Chamisa, is on record demanding the immediate release of all those arrested after the 14-16 January violent protests. This is another misguided case of confusing prosecution for persecution. Chamisa is trying to score some cheap points by making this demand and neglecting some important facts that some of these people were caught red-handed breaking the law and there is video evidence against some of them.
It is prudent that the police are allowed to do their job and not intimidate them by claiming abuse where there isn’t any. Civic society members should not run to the international community seeking sympathy for their shenanigans.
