Bulawayo, (New Ziana) -The Bulawayo High Court on Monday dismissed an urgent application by the opposition ZAPU party seeking to stop the Gukurahundi Community Outreach Program, which began last Thursday in the Matabeleland region.
In dismissing the matter, Justice Munamato Mutevedzi said it was not urgent.
The Gukurahundi public outreach program is aimed at addressing the post-independence disturbances that affected Matabeleland and parts of the Midlands provinces.
It is set to document and address the violent disturbances, marking a historically significant step in the efforts of the Second Republic to consolidate national unity and reconciliation.
Speaking after the court proceedings, Zapu legal advisor, Vuyo Mpofu, said their argument was that they wanted to give dialogue with the government a chance.
“The case has been dismissed, the judge said the matter was not urgent. He argued that since 2019 we knew that the President and the Matabeleland Collective had come together and that this is how they were going to do things but we didn’t do anything. But our argument was that we were giving our attempts at dialogue with the government a chance,” he said.
Mpofu said they sought audience with President Emmerson Mnangagwa on several occasions but their efforts did not bear fruits.
“We sought an audience with the President on several occasions and we were hoping that they would bear fruit. We were simply giving dialogue a chance. Our application became urgent after government set the date of the hearing,” he said, adding the party would consider its next steps in the coming days.
President Mnangagwa, the Minister of Local Government and Public Works Daniel Garwe, the president of the National Chiefs Council Mtshane Khumalo, and the National Chiefs Council were cited as respondents respectively in the matter, which was filed over the weekend, in which the opposition party had challenged the legality of the outreach proram.
“Sometime in 2019, the 1st Respondent (President Mnangagwa) and a group that identifies as Matabeleland Collective held meetings wherein it was resolved that members of the 4th Respondent should spearhead and lead Gukurahundi hearings. This standing resolution was subsequently endorsed by the 4th Respondent,” reads part of the court filing.
“As a duly registered political party, we are aggrieved by this decision and initiative by the Respondents in that it is unlawful.
“We deem the scheduled hearings to be unlawful in that the Chiefs, as traditional leaders, have no mandate to lead such a national process. We are of the firm view that Chiefs and, more particularly, the National Council of Chiefs is unlikely to be impartial and unbiased in the conduct of the process and consequently leading to regressive outcome.”
Zapu also questioned the legitimacy of the agreement between President Mnangagwa and the Matabeleland Collective.
“Further, the Agreement between Matabeleland Collective and the 1st Respondent has no legal foundation in that the said Matabeleland Collective does not and has no authority or mandate to represent the victims of the Gukurahundi Operation, which is people from Matabeleland and Midlands provinces. It is our respectful position that the arrangement is a nullity,” it averred.
“Processes, sensitive as this, cannot be facilitated by Chiefs from other regions. Instead, a neutral, impartial and progressive commission can handle a legitimate process in good faith. If this Honourable Court does not intervene to stop these consultations and hearings, the general population of Matabeleland and Midlands will be robbed in this unlawful process, in turn this may result in discord, hatred, disunity and open wounds as opposed to healing,” the party argued.
New Ziana
