July 2001 Africa News Headlines

Wednesday, July 11, 2001 - Web posted at 1:05:14 PM GMT

Zimbabwe opposition chief in democracy test case
CHRIS CHINAKA

HARARE - Zimbabwean opposition leader Morgan Tsvangirai, accused of acts of terrorism that could bar him from next year's elections, will challenge his prosecution on Thursday in a test case for freedom of speech in Zimbabwe.

Tsvangirai, leader of the opposition Movement for Democratic Change (MDC), was granted a right by the High Court in May to refer his case to the Supreme Court to argue that a terrorism case against him was an attack on his right to free speech.

President Robert Mugabe's government said it accepted the High Court ruling, and would try to convince the country's highest court that Tsvangirai had a case to answer.

Tsvangirai told Reuters on Wednesday that he was ready, but had no doubt the Supreme Court would uphold his rights and rule as unconstitutional the law on which his prosecution is based.

"Our Supreme Court has a history of fairness, of protecting the rights of all Zimbabweans, of dispensing justice and that is the reason we have been calling for the protection of their integrity," he said.

"We are going to argue our case there...not outside," he said, refusing to comment on the case in detail.

Tsvangirai is being prosecuted for telling MDC supporters in a speech last year that Mugabe might be overthrown violently if he did not retire.

Tsvangirai's lawyers want the Supreme Court to decide if the opposition leader is being denied his freedom of expression rights guaranteed under Section 20 of the constitution.

In May, the MDC leader appeared before the High Court to face accusations of terrorism and sabotage that could disqualify him from challenging Mugabe in elections due by April.

Tsvangirai told reporters then that he was not guilty, and the MDC accused Mugabe's ruling ZANU-PF party of abusing the country's justice system in trying to settle political scores against its opponents.

"The ZANU-PF government and its leadership is guilty of causing terrorism against its people. They, instead of anyone else, should be tried for the crimes against their own people." MDC spokesman Learnmore Jongwe said.

Jongwe said Tsvangirai's prosecution contrasted sharply with the failure of the authorities to prosecute supporters of the government for violence.

Mugabe installed Godfrey Chidyausiku, a political ally, as acting chief justice in March after forcing Chief Justice Anthony Gubbay into early retirement, accusing the white judge of bias in favour of Zimbabwe's white minority.

Tsvangirai will be tried before a panel of five Supreme Court judges, including Chidyausiku.

The trial will be critical to whether the former trade unionist, who has emerged as the biggest political threat to Mugabe in his 21 years in power, will be able to run against the president in polls early next year.

The state had argued that Tsvangirai contravened the terrorism provisions of the Law and Order Maintenance Act -- which was devised by the former Rhodesia's white minority rulers to suppress black opposition.

He faces a possible life sentence. Any prison term of more than six months will make him ineligible for nomination as a presidential candidate under Zimbabwean law.

Tsvangirai led the MDC in tightly contested parliamentary elections last year that were marred by the death of at least 31 people, mainly MDC supporters, and the violent seizure of white-owned farm land by black, self-styled war veterans. Nampa-Reuters

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