JUSTICE minister Ziyambi Ziyambi yesterday told Parliament
that the Public Order Security Act (Posa) compels organisers of demonstrations
to compensate for the loss of property and lives.
His charges followed pressure on government to show remorse
over the August 1, 2018 and the mid-January killings of protesters by soldiers.
Ziyambi also admitted that President Emmerson Mnangagwa was
supposed to inform Parliament promptly after deploying soldiers who brutally
crushed last year’s August 1 post-elections violence, which left six civilians
dead.
Mnangagwa, through Ziyambi, yesterday finally issued a
statement in the National Assembly on the deployment of soldiers on the fateful
day, which later resulted in him appointing the former South African President
Kgalema Motlanthe-led commission to probe the shootings.
“I acknowledge that,” he said, in response to questions
from MPs on the need for Mnangagwa to have briefed Parliament.
“I must indicate that if you go to Posa, there are civil
liabilities that accrue to organisers of demonstrations. The issue of
compensation; Posa is clear that the organisers of those riotous demonstrations
must be held liable.”
Ziyambi read Mnangagwa’s statement in the National
Assembly, which said the President’s authority to deploy was derived from
section 213(1)(a) of the Constitution, and section 214(b)(i), which requires
him to promptly inform Parliament of the deployment.
The statement indicated that it was the Police
Commissioner-General Godwin Matanga who gave orders to soldiers during the
operation.
The Justice minister said Matanga had promptly satisfied
himself of the riotous situation that occurred in major cities, which violated
the rights to life, human dignity, personal security, property rights, freedom
of association, and other rights, as well as that the riots were criminal in
nature.
He said after satisfying himself that the Zimbabwe Republic
Police was unable to handle the riots which culminated in abuse of human rights
and destruction of property, including police stations, Matanga, in terms of
Posa, which gives him power to use his discretion, then requested the Defence
minister to authorise the Defence Forces to assist the police to suppress the
violent riots.
“His Excellency, having duly considered the
Commissioner-General’s request, then authorised deployment of the Defence Forces
to suppress riotous and disruptive conduct that pervaded the country,” Ziyambi
said.
Opposition legislators then bombarded Ziyambi with
questions, with Mbizo MP Settlement Chikwinya (MDC Alliance) saying that when
the soldiers were deployed, live ammunition was used.
“Can you confirm that the President exercised his powers to
authorise use of live ammunition by the Defence Forces on armed civilians?”
Chikwinya asked.
Chegutu West MP Dexter Nduna (Zanu PF) then suggested that
the opposition instigated the disturbances which caused the army to be deployed
and, therefore, must be made to pay for properties destroyed.
Kambuzuma MP Willias Madzimure (MDC Alliance) asked Ziyambi
to explain who was going to compensate for the loss of lives, given that
innocent civilians going to work were killed.
“Even during former President Robert Mugabe’s reign, no one
was ever shot in the streets and we never saw deployment of the army,”
Madzimure said.
Mutasa South MP Regai Tsunga (MDC Alliance) said Ziyambi
must also speak on the missing link of people that were alleged to have
masqueraded as the army, while Nkulumane MP Kucaca Phulu said the Justice
minister must explain what the cost of deployment was, the cost of the
Motlanthe Commission inquiry to investigate the killings as well as why they
hired people to investigate when there was the Zimbabwe Human Rights Commission
(ZHRC), which could easily do the job.
“We could have saved a lot of money and the appointment of
the Motlanthe Commission tends to have undermined the work of the ZHRC and
overshadowed its role,” Phulu said.
Ziyambi refused to respond to any questions on the
Motlanthe Commission, saying it had no relation to the President’s statement
which was specifically on deployment of soldiers.
He said whenever Defence Forces were deployed to assist the
police, they would be under the command of the police services and acting as if
they were police officers.
“On (the) use of live ammunition, the law (Posa) is very
clear of the steps that the Commissioner-General of Police took, and it is the
Commissioner-General of Police’s command that will be followed by members of
the armed forces,” he said. Newsday
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