By Simba Chikanza| The head of Emmerson Mnangagwa’s commission of inquiry into the 1 August military massacre, Kgalema Motlanthe is still to reply MDC leader, Nelson Chamisa so he can attend the ongoing inquiry hearings.
By end of day yesterday, Motlanthe had not replied the below letter in which Chamisa seeks among other things a transcript of the allegations made against his name.
The letter was written on the 16th November 2018.
Below was the full letter:
16 November 2018,
Honourable Kgalema Motlanthe
Chairman of the Commission
Cresta Lodge
HARARE
Dear Sir,
RE: RESPONSE AND REQUEST FOR FURTHER PARTICULARS
I acknowledge receipt of your letter dated 14 November 2018 inviting me to appear before your Commission.
I am surprised that my name was “mentioned as among those who played a part in inciting the violence of 1 August 2018”.
It is further stated that the Commission “considers it fair and just that it should have the benefit” of “my comments” and would like me to share my views before it concludes its proceedings.
Honourable Chairman, while I have been made aware of the existence and subsistence of the Commission, there are multiple reasons why, like many fellow citizens, I had misgivings about the Commission’s intended and ultimate objective.
To start with, the Commission’s appointing authority, Mr Mnangagwa, was, during the material time, the sole authority charged with the responsibility of the security of all citizens in terms of the Constitution. He therefore is the key witness in this matter.
From reading the Terms of Reference, one gets the impression that they start from an answer and from a conclusion. In particular, the Terms of Reference for the Commission seem to suggest that the demonstrators were sent by someone and that the deployment of force and violence was necessary.
Regardless of the aforesaid, I would like to take your invitation seriously and give it the due weight it deserves. However, considering the interests of protecting the innocence of my conduct, dignity of character, foundation of my integrity as well as safeguarding the integrity of the Commission, it is important for me to consider your invitation from an informed position.
I note, in particular, that the basis of the invitation appears to emanate from testimony and allegation made by a witness to the effect that I incited violence. I consider the allegation to be malicious. Since my response to this contrived allegation is required, I consider it “fair and just” that I should be afforded all the relevant information relating to the allegations so as to enable me to prepare adequately. I kindly therefore ask the Commission to favour me with the full transcript of the relevant part of the testimony; to better understand the nature, circumstances, scope and credibility of the allegations made against me. This would enable me to form an informed opinion regarding the invitation.
Further, and in the interest of due process and my natural and constitutional rights, would I stand assured that an opportunity to cross-examine the witness who “mentioned [my name] as among those who played a part in inciting the violence of 1 August 2018” will be availed, since the sole basis of my invitation is his, her or their testimony?
Your invitation, Honourable Chairman, only refers to “my comments”. Does it necessarily mean that all you require from me are comments limited to that testimony or oral, documentary, visual and other material evidence could also be tendered? In the same vain, would it be in order if upon receiving the requested information, I were to afford you my response in writing?
Honourable Chairman, it being common cause that I stood toe to toe with Mr Mnangagwa in the last election and the results between us speak for themselves. The people spoke. Since the Commission was set up by my political competitor in the 30 July 2018 presidential elections, I trust that the Commission has put in place mechanisms to guard against possible abuse of this process to persecute and maliciously nail me and the party I lead.
Realistically, given the misgivings around the Terms of Reference, Honourable Chairman, I trust that mechanisms have been put in place to ensure that this is not a predetermined inquiry against leaders of the democratic alternative who have raised legitimate questions about the conduct of the 30 July 2018 presidential election and the disputed results thereof.
Honourable Chairman, in my view, the real issue is about the killing of innocent, unarmed and fleeing civilians; most of them shot in the back and whether or not this was justified?
Honourable Chairman, there is in this country an unfortunate and terrible history of malicious persecution of the alternative voices and selective application of the law on the basis of one’s political affiliation.
This is a major cause of the erosion of public confidence in institutions of law enforcement, inquiry and justice. In the interests of fairness and equal application of the law, I would be most grateful if you could confirm that all persons who have been cited by witnesses, including, Mr Mnangagwa, have been or will also be called to testify before the Commission. I ask because the basis of my invitation is merely that my name was mentioned by an untested witness.
I understand that the Commission considered it “fair and just” to invite me and likewise, I hope the Commission appreciates why my requests are reasonable, fair and just.
Moreover, Honourable Chairman, this country, has a long and chequered history with violence from 1890. Violence has been at the centre of maintaining illegitimate rule through the monopoly of the infrastructure of violence.
The party I lead has been a victim. I have been a victim. The people of Zimbabwe have been victims. We have lost countless lives through state violence.
Honourable Chairman, the victim cannot be converted into a perpetrator. The innocent cannot be adjudged guilty.
Honourable chairman, I look forward to your response to the important and fundamental issues raised herein. In light of the short notice I have been given, I shall appreciate receipt of the transcript and a response to the issues raised above.
Yours Sincerely,
Nelson Chamisa
MDC President