THE army's involvement in the takeover of the MDC Alliance
headquarters by a rival faction has been described by lawyers as unconstitutional
and a dangerous precedent.
Soldiers and armed police last Thursday helped the
Thokozani Khupe faction of the MDC to seize the Morgan Richard Tsvangirai
House, a building in central Harare that has housed the country's main
opposition party for years.
Senior MDC leaders, including vice-presidents Tendai Biti
and Lynette KarenyiKore, were arrested on Friday after they tried to access the
building.
The army's involvement drew criticism from western
countries and the European Union, who said it showed that there was no rule of
law in Zimbabwe.
The Law Society of Zimbabwe (LSZ) yesterday weighed in,
saying the soldiers had crossed the line.
"We are particularly concerned by reports that the
army and the police were deployed to evict some members of the MDC party who
were in occupation of the Morgan Richard Tsvangirai House," the LSZ said.
"The role of the army is clearly articulated in
section 212 of the constitution, which provides that the function of the
Defence Forces is to protect Zimbabwe, its people, its interests and its
territorial integrity and to uphold the constitution."
The lawyers said the uniformed forces should respect the
rule of law, which was about "equality, fairness and strict observance of
due process".
"In this vein, we call upon the security forces to
desist from wading into civil disputes and restrict themselves to their
constitutional mandate," the LSZ added.
"It is apparent that the actions taken, if the reports
are anything to go by, were not backed by an order of the court.
"No person is above the law and nobody should be
assisted in taking the law into their hands."
Former South African opposition Democratic Alliance leader
Mmusi Maimane took aim at President Emmerson Mnangagwa for allegedly
persecuting the MDC Alliance.
"Mr Mnangagwa, give the opposition building
back," Maimane said on Twitter. "This level of intimidation and suppression has gone
on for long.
"While the world is seeking justice for George Floyd,
you are busy choking democracy in Sadc." MDC-T acting national chairman
Morgen
Komichi told journalists in Harare yesterday that the army
got involved because they feared MDC Alliance youths would turn violent.
"Young people, who had come with [MDC Alliance
secretary-general Charlton] Hwende, were too many and, therefore, violating the
Covid-19 rules and regulations and you know the police and the army are working
together on Covid-19 issues," Komichi claimed.
"The presence of the army was simply to deal with
Covid-19 issues.
"They were not there to assist in the takeover of our
property and you must also know that the young people, who had come there had
petrol bombs.
"Their intention was to burn down the building and it
was actually going to be a serious risk of burning down many other buildings
and there was need for intervention to save the city from burning down."
MDC-T secretary-general Douglas Mwonzora claimed they
intercepted messages by MDC Alliance officials mobilising people to gather at
the party headquarters.
"There were messages circulating for all councillors
to bring at least 30 people to Harvest House and that would have meant more
than 700 people in one place in disregard of the law and the messages were
intercepted," Mwonzora said.
"We have since secured a peace order with the
magistrates court and in this peace order, they are not allowed to come to the
MRT House or interfere with our party headquarters.
"We have always been there since its formation.
"The army was never invited to Harvest House and they
never took part in the taking over of our property, but there were army
officers in the vicinity and these army officers had been in the vicinity in
Harare for over a month."
He said a standing committee meeting would be held at the
party headquarters on Tuesday.
Posters of Chamisa were removed from the party headquarters
and replaced with those of the late founding MDC leader Morgan Tsvangirai.
Elias Mudzuri claimed the MDC Alliance had been captured by
former Zanu-PF members under the G40 banner and had lost direction by allowing
"latecomers like Fadzayi Mahere to take over influential posts at the
expense of the founders". Standard
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