Thread by @SAHRDNetwork

1. Update on Siphosami Malunga’s continued persecution in #Zimbabwe

Yesterday 23/9/2022 the SAHRDN was at Tsholotsho Magistrate Court observing the trial of HRD @SiphoMalunga and his 2 business partners who face charges of unlawfully occupying a farm they bought in 2019

2. The case raises many issues including, #HumanRights, #ConstitutionalRights, #PropertyRights which are all protected in terms of the 2013 Zimbabwe constitution. It also raises questions on whether #Zimbabwe is open for business and a safe investment destination

3. Case also a test of separation of powers/rule of law in #Zimbabwe. From Court proceedings Executive is desirous of acquiring the farm despite NOT serving any notice of such intention to owners. High Court and Supreme Court ruled that Siphosami et al must continue on the farm

4.Notwithstanding Superior Courts decision authorising Siphosami et al to continue on the farm, police and Deputy Prosecutor General have shown surprising determination to prosecute taking sides with those who are defying the Superior Court orders for Sipho et al to stay at farm

5. Police and D/Prosecutor General Reza have put the trial Magistrate Mpofu in an awkward situation.He is being asked to potentially convict Siphosami and partners for occupation of a farm that belongs to them. Can Magistrate disregard decisions of Superior Courts of Zimbabwe?

6. Case gives credence to allegations that the prosecution is being engineered by senior politically exposed persons chief among them being former minister and current senior ZANU PF member Obert Mpofu who has not hidden his intention to take over the extremely productive farm.

7. The effort at prosecution of Siphosami is despite fact that ZANU PF secretary for administration Obert Mpofu's lost the legal battle in Superior Courts over ownership of Esdiakeni Farm Umguza which he had invaded.
allafrica.com/stories/202207…

8. ZANU PF sent many people in trucks to the Tsholotsho Magistrate Court yesterday creating a tense atmosphere as the efforts to forcibly take away a farm from liberation war hero Sydney Malunga's son Siphosami and his partners continues for no apparent reason in #Zimbabwe

9. The official land reform policy in #Zimbabwe does not allow for multiple farm ownership. It also provides for a process before owners like @SiphoMalunga and partners can be forcibly evicted or prosecuted including mandatory written notice of 90 days. This was not done.

10. The official land reform policy in #Zimbabwe is also meant to address historical imbalances arising from the colonial process and to let black people like @SiphoMalunga and his partners get access to land and be involved in farming as well.This case breaches this principle

11. @siphoMalunga is son to Liberation War hero #SydneyMalunga who lies at Heroes Acre in Zimbabwe. His persecution by former comrades of his father erodes public confidence in the rule of law and shows the power of patronage that is driving corruption and impunity in #Zimbabwe.

12.Credence to view that this case is one of weaponisation of the law to target a HRD was given by fact that #DeputyProsecutorGeneralReza came all way from Harare to personally prosecute case in remote Tsholotsho escorted for over 6 hours on dirt road by a senior police officer