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The Zimbabwe Lawyers for Human Rights (ZLHR) has urged the government to criminalise abductions and enforced disappearances in accordance with the country’s constitution. On the occasion of the International Day of the Victims of Enforced Disappearances, the human rights organization emphasized the need for the government to ratify the United Nations International Convention for the Protection of All Persons from Enforced Disappearance. ZHLR said:
<blockquote>
While in Section 53, the Constitution expressly outlaws torture or cruel, inhuman or degrading treatment or punishment, the lack of legislation that criminalises abduction and enforced disappearances has created a gap in domestic law and fuelled impunity.
</blockquote>
ZHLR said the recent surge in reported cases of enforced disappearances, particularly targeting government critics, highlights the urgency for Zimbabwean authorities to establish a legal framework that prevents such grave human rights violations and ensures justice and redress for victims and their families. ZLHR also called upon both state and non-state actors to take effective measures in preventing enforced disappearances and holding the responsible parties accountable.
Several government critics, including opposition members and human rights defenders, have made claims of being abducted by suspected state security agents. Some notable cases include Itai Dzamara, a well-known activist advocating for political change, he was abducted in 2015 and has not been seen since.
Another one is Jestina Mukoko, a human rights activist and journalist. She was abducted in 2008 and held incommunicado for several weeks before being charged with plotting to overthrow the government. Tawanda Muchehiwa, a journalism student, was abducted in 2020 and allegedly tortured by suspected state security agents. Joana Mamombe, Cecilia Chimbiri, and Netsai Marova claimed that they were abducted by suspected state security agents in 2020 after participating in a protest and reportedly subjected to torture and sexual assault.
The government denies these allegations, claiming they are staged to tarnish its image. Authorities often attribute the abductions to a “third force” aiming to discredit the government. Some analysts argue that these abductions are intended to instil fear among government critics who expose human rights violations and mismanagement by the government.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Pindula News

ZLHR Urges Zimbabwe To Criminalise Abductions And Enforced Disappearances

The trial of pro-democracy campaigner <a href="https://www.pindula.co.zw/Takudzwa_Ngadziore">Takudzwa Ngadziore</a> on charges of participating in a gathering with intent to promote public violence failed to commence Thursday at Harare Magistrates Court.
This was after prosecutors attempted to “sneak in” some witnesses who assaulted the former student leader when he was arrested in September 2020 and left him for dead, Zimbabwe Lawyers for Human Rights (ZLHR) claimed. 
<a href="https://www.pindula.co.zw/Obey_Shava">Obey Shava</a>, a ZLHR lawyer “quickly objected” to this before Harare Magistrate Ruth Moyo and demanded that a comprehensive report should be tabled before the court concerning the participation of those witnesses in the assault of Ngadziore. 
As a result, Magistrate Moyo postponed the matter to 18 October to allow the state to submit the said report and for the possible commencement of Ngadziore’s trial. 
<h2>Some context:</h2>
Ngadziore was arrested in September 2020 by the Zimbabwe Republic Police (ZR) and charged with contravening section 37(1)(b) of the Criminal Code for allegedly protesting at Impala Car Rental premises in Harare demanding answers concerning its alleged role in the <a href="https://news.pindula.co.zw/2020/08/27/full-text-zimlive-editors-nephew-tawanda-muchehiwa-narrates-horrendous-3-day-torture-by-his-abductors/">use of its vehicles in the abduction</a> of <a href="https://www.pindula.co.zw/Tawanda_Muchehiwa">Twanda Muchehiwa</a>, a journalism student. 
Muchehiwa was abducted, disappeared and tortured by some unidentified people in Bulawayo in July 2020. 
They interrogated him to reveal the whereabouts of his relative, freelance journalist Mduduzi Mathuthu who was wanted by the police allegedly for rallying the citizenry to participate in the foiled 31 July 2020 anti-government protests. 
Prosecutors allege that Ngadziore teamed up with 30 other unidentified people and gathered at some traffic lights located in the Braeside suburb in Harare armed with placards and demonstrated against Impala Car Rental’s alleged use of its vehicles in the abduction of Muchehiwa. 
During the demonstration, prosecutors claimed, Ngadziore sang songs demeaning ZRP members.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Trial Of Pro-democracy Campaigner Ngadziore Fails To Commence After Lawyer Intervention

Tendai Masotsha, MDC Alliance’s chairperson of the MDC Alliance Bulawayo Province’s women’s Assembly has announced she is stepping down from her post following reports that she was involved in Tawanda Muchehiwa’s abduction. We present her statement below.
<blockquote>The recent events around my person and my political life have placed my life and that of my family at great risk to the extent that after consultation with my family and have decided to take a sabbatical from active politics until such time that the dangers and my family face can be contained.
It has been increasingly clear to me that my case has become a distraction to the real challenges that my party, the MDC Alliance, have to confront in its political struggles against ZANU (PF) on behalf of the long-suffering people of Zimbabwe it is critically important that I immediately stand aside from active politics so as to allow the party to focus on its core business of opposing ZANU PF and mobilising the people against a system that has caused them immeasurable suffering.
In the circumstances, as of today, I am taking an indefinite sabbatical from my position as chairperson of the MDC Alliance Bulawayo Province’s women’s Assembly.) hope in so doing the party will be enabled to refocus on the urgent political tasks of the day and that myself and family will be spared the anguish of the last few months.
In accordance with this public statement, I have written to Honourable Amos Chibaya, the MDC National organising secretary advising of this my decision.
Tendai Masotsha
</blockquote>

MDC-A's Masotsha Steps Down Over Muchehiwa Saga

In the following audio that is circulation on social media. a person who claims to be MDC Alliance Women’s league boss for Bulawayo Tendai Masotsha claims Tawanda Muchehiwa was planning to burn government buildings when he was abducted by suspected state security agents in July.
Masotsha who was <a href="https://news.pindula.co.zw/2020/11/19/mathuthu-slams-mdc-a-over-shoddy-masotsha-probe/">absolved of any wrongdoing in the abduction of Muchehiwa</a> also said the young journalism student was paid by some Americans to burn the buildings and she said she was disclosing the information because people have put her under pressure.
Masotsha said Tawanda was looking for a safe house to stay in while they can commit the alleged crimes.
Listen to the audio which is circulating on social media below:
<blockquote class="twitter-tweet">
Abductions 🔥
This issue seems more complicated, folks. <a href="https://twitter.com/LubaTendai?ref_src=twsrc%5Etfw">@LubaTendai</a> suggests she told <a href="https://twitter.com/JamesonTimba?ref_src=twsrc%5Etfw">@JamesonTimba</a> that Tawanda Muchehiwa told her they wanted to bomb Gvt buildings.
Is this y MDC let her go?
Come here <a href="https://twitter.com/Mathuthu?ref_src=twsrc%5Etfw">@Mathuthu</a>. 
<a href="https://twitter.com/Jamwanda2?ref_src=twsrc%5Etfw">@Jamwanda2</a> <a href="https://twitter.com/xandatoto?ref_src=twsrc%5Etfw">@xandatoto</a> <a href="https://twitter.com/hwendec?ref_src=twsrc%5Etfw">@hwendec</a> <a href="https://twitter.com/KMutisi?ref_src=twsrc%5Etfw">@KMutisi</a> <a href="https://twitter.com/mdczimbabwe?ref_src=twsrc%5Etfw">@mdczimbabwe</a> <a href="https://t.co/wLJOc0Vjwu">pic.twitter.com/wLJOc0Vjwu</a>
— mmatigari (@matigary) <a href="https://twitter.com/matigary/status/1330973415516213249?ref_src=twsrc%5Etfw">November 23, 2020</a></blockquote>
<script async="" charset="utf-8" src="https://platform.twitter.com/widgets.js"></script>
Meanwhile Tawanda has said what Masotsha is saying was said to him by the people who abducted and tortured him:
<blockquote>Tendai Masotsha sounds exactly like my abductors when they were torturing me. That she claims I told her of these plots further suggests she was source of that fake intel. That conversation never happened. Only sit-down was in a car with<a class="css-4rbku5 css-18t94o4 css-901oao css-16my406 r-1n1174f r-1loqt21 r-1qd0xha r-ad9z0x r-bcqeeo r-qvutc0" data-focusable="true" dir="ltr" href="https://twitter.com/DrNyashaForMP" role="link">@DrNyashaForMP</a>. Did he overhear this?</blockquote>

LISTEN: A Woman Who Claims She Is Tendai Masotsha Claims Tawanda Muchehiwa Wanted To Burn Govt Buildings

<blockquote>MDC Alliance Report of the Ad Hoc Committee set up to investigate the allegations made against Bulawayo Province Chair, Tendai Masotcha in the abduction and torture of Tawanda Muchehiwa.
17th November 2020
***REPORT***
On the 30th of July 2020, Tawanda Muchehiwa, a student at Midlands State University was abducted in broad daylight in Bulawayo.Tawanda Muchehiwa is a nephew to prominent journalist Mduduzi Mathuthu.When he was abducted by state security agents he was sitting in a white BMW car belonging to Mduduzi Mathuthu, a prominent journalist and he was also in the company of the Bulawayo Province Chairlady, Tendai Masotcha.The abduction of Tawanda Muchehiwa caused a stir in social media and speculation was rife that he had been abducted as a bait to get to journalist Mduduzi Mathuthu who was also wanted by the police.Further, social media speculation emerged linking Tendai Masotcha to the alleged abduction of Tawanda Muchehiwa.The Committee was informed that Tendai Masotcha, like Tawanda was subsequently abducted after her release from the police.The MDC Alliance, (after following the due process requirements of the Constitution that govern disciplinary or investigative action against a National Council member), then established an ad hoc Committee made up of Honorable Concilia Chinanzvavana as Chairperson, Honorable Jameson Timba as Secretary and Advocate Kucaca Phulu as a Committee Member to conduct an inquiry into the allegations against Tendai Masotcha. The Committee has since completed its work and the following are its summary findings which the party had committed would make public.Our MethodologyIn conducting its work, the Committee examined all documents relevant to the case including media reports in print, audio and video.In addition, the Committee engaged and interviewed all stakeholders including the family and legal representatives of Tawanda Muchehiwa, Tendai Masotcha and other members of the party.The following are the findings of the Committee:Our Summary Findings.
<ol>
<li>The committee established that other than comments made in social media, no specific complaint was made against Tendai Masotcha directly to the Party either at Provincial or national level by the aggrieved parties namely Tawanda Mucheiwa and or his family members.</li>
<li>It was the Committee sense that in the absence of a complainant, and in the normal conduct of business, the matter would have ended here.</li>
<li>Notwithstanding the fact that there was no formal complaint to the Party against our member by the family of Tawanda or anyone for that matter, the Party saw it prudent in the interest of transparency and accountability and the inalienable right of an accused person to due process, the Party resolved to investigate the matter.</li>
<li>The Committee was unable to independently verify the abduction of Tendai Masotcha. The only unchallenged evidence before it was her sworn affidavit and a medical report indicating injuries sustained.</li>
<li>A representative and relative of Tawanda interviewed by the Committee indicated that they had no evidence to link the abduction of Tawanda to Tendai Masotcha. In their own words, they said “everything is circumstantial”</li>
<li>The Committee reviewed an audio of a conversation between Tawanda Muchehiwa and an unnamed person who was working from the printer shop close to where both were arrested, and the unnamed gentleman indicated to Tawanda that some state agents have been aware of his movements and in particular that he was getting his materials printed at that shop. The person in the Print shop also stated there are people who came to view whatever material that where being printed and he said that he knew one of them who was his friend and that he worked for the CIO. It appears therefore on the face of it that State agents had put Tawanda under surveillance over a long period of time and before he had even met with Tendai Masotcha. This evidence was also corroborated by the written submissions made by Tendai Masotcha</li>
<li>It is the sense of the Committee based on the evidence before it and on a balance of probability that Tendai Masotcha, Tawanda Muchehiwa and Mduduzi Mathuthu were victims of a well orchestrated state sponsored intelligence operation to thwart the 31st July protests by scaring off citizens from peacefully expressing themselves.</li>
</ol>
Our DeterminationAfter considering the evidence before it, the Committee concludes that there is no conclusive evidence to link Tendai Masotcha to the abduction of Tawanda Muchehiwa. There is No Smoking Gun.Our Demand for JusticeHaving determined the matter, the Committee noted that it is common cause that Tawanda was abducted by agents of the State. The evidence of his abduction was captured on video. Impala Car Rentals has the evidence of those who hired the vehicles that carried out the abduction. Tawanda’s release was only forced on the abductors by a court order. It is also common cause that Mduduzi Mathuthu, a respected and senior journalist was wrongfully hunted and haunted like a common criminal. His only crime was practising his trade. The State must live up to its obligations as set out in section 219 of the Constitution and investigate and bring to book Tawanda’s Muchehiwa’s abductors and tormentors. We also demand justice for Joana Mamombe, Netsai Marova and Cecilia Chimbiri. We demand justice for Tatenda Mombeyarara. We continue to demand that the State bring back Itai Dzamara. We further demand an investigation into the extrajudicial killings of Mazwi Ndlovhu and Lavender Chiwaya. The State must stop abusing the rights of citizens including journalists, lawyers and critics of the system. We demand the release of Hopewell Chin’ono. The MDC Alliance remains committed to the fight for freedoms, constitutionalism and the security of persons.

Jameson Timba – Ad hoc Committee Secretary
 
Concillia Chinanzvavana – Ad hoc Committee Chairperson</blockquote>

MDC-A Report On Masotcha's Involvement In Muchehiwa Abduction

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