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Zapu seeks court order to stop Gukurahundi hearings
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The opposition Zimbabwe African Peoples Union (Zapu) has lodged an urgent application in the High Court seeking to stop the commencement of the Gukurahundi community outreach hearings scheduled to begin today. The hearings, to be led by traditional chiefs, aim to address the atrocities committed during the 1980s Gukurahundi conflict but have faced strong opposition from Zapu, which claims the process is unlawful and biased.
In court documents obtained by NewsDay, Zapu president Michael Sibangilizwe Nkomo argues that the involvement of traditional leaders in these hearings lacks any legal basis and risks further traumatizing victims of the conflict. "The chiefs, as traditional leaders, have no mandate to lead such a national process," Nkomo stated in his founding affidavit. He added that the National Council of Chiefs was unlikely to be impartial, potentially resulting in a regressive outcome for victims.
The application lists President Emmerson Mnangagwa, the Minister of Local Government and Public Works, and the National Council of Chiefs as respondents. Zapu contends that the hearings, which follow a 2019 agreement between the President and the Matabeleland Collective, are unconstitutional. Nkomo further asserts that "The Matabeleland Collective has no authority to represent Gukurahundi victims."
Court filings reveal that Zapu previously petitioned the President to suspend the hearings but received no response. The party also raised concerns about the closed-door nature of the sessions, warning that such secrecy could intimidate victims and undermine transparency and accountability.
Meanwhile, National Council of Chiefs president Chief Lucas Mtshane Khumalo confirmed that preparations for the hearings were being finalized. "The exercise will take place in all chiefs' jurisdictions starting tomorrow," he said in a recent interview. However, some chiefs reportedly expressed reservations due to logistical challenges involved in conducting the outreach.
Zapu is seeking an interim interdict to suspend the hearings until a final court ruling is made. The party has proposed an alternative approach involving an independent commission, arguing that the current process "protects perpetrators" and falls short of delivering true justice to the victims.
The High Court has yet to decide on the urgency of the application. If granted, the interim order will halt the hearings pending the full hearing and determination of the case.
In court documents obtained by NewsDay, Zapu president Michael Sibangilizwe Nkomo argues that the involvement of traditional leaders in these hearings lacks any legal basis and risks further traumatizing victims of the conflict. "The chiefs, as traditional leaders, have no mandate to lead such a national process," Nkomo stated in his founding affidavit. He added that the National Council of Chiefs was unlikely to be impartial, potentially resulting in a regressive outcome for victims.
The application lists President Emmerson Mnangagwa, the Minister of Local Government and Public Works, and the National Council of Chiefs as respondents. Zapu contends that the hearings, which follow a 2019 agreement between the President and the Matabeleland Collective, are unconstitutional. Nkomo further asserts that "The Matabeleland Collective has no authority to represent Gukurahundi victims."
Court filings reveal that Zapu previously petitioned the President to suspend the hearings but received no response. The party also raised concerns about the closed-door nature of the sessions, warning that such secrecy could intimidate victims and undermine transparency and accountability.
Meanwhile, National Council of Chiefs president Chief Lucas Mtshane Khumalo confirmed that preparations for the hearings were being finalized. "The exercise will take place in all chiefs' jurisdictions starting tomorrow," he said in a recent interview. However, some chiefs reportedly expressed reservations due to logistical challenges involved in conducting the outreach.
Zapu is seeking an interim interdict to suspend the hearings until a final court ruling is made. The party has proposed an alternative approach involving an independent commission, arguing that the current process "protects perpetrators" and falls short of delivering true justice to the victims.
The High Court has yet to decide on the urgency of the application. If granted, the interim order will halt the hearings pending the full hearing and determination of the case.
Source - Newsday
