Five police constables challenge ‘retraining’ order

Fidelis Munyoro Chief Court Reporter
Five police constables are challenging in the High Court the retraining they are required to do after serving sentences in detention barracks for misconduct, claiming that the retraining amounts to unlawful detention at Morris Depot in Harare and torture. Yesterday Constables Tichivanhu, force number (061763H); Charumbira (064364k) and Chikwasha (065740F) testified of the alleged abuse before High Court Judge Justice Francis Bere, while their colleagues Constables Mabvundwi (067736A) and Masunda (071728P) appeared in the same court but did not testify.

The challenge has been brought to court as an urgent application.

The Police are defending the retraining, denying that it is a further punishment but rather, that it meets a need.

Tichivanhu, Charumbira and Chikwasha told Justice Bere that they were taken to Morris Deport after finishing serving their sentences at Chikurubi for separate acts of misconduct.

This, they said, was done under the guise of retraining exercise to keep them abreast with “the ever changing policing trends and requirements”.

In their testimonies, the three accused Senior Assistant Commissioner Grace Ndebele of inflicting inhuman and degrading treatment on them.

Tichivanhu told the court that they would be asked to do odd things.

“We are subjected to torture in the form of ground butting on a slab with our legs up,” said Tichivanhu. “We would be ordered to accompany Senior Assistant Commissioner Grace Ndebele from the parade to her office in crawling and frog-jumping positions.” Tichivanhu said during the torture, they would be reminded that they were being governed by “junta law” while in detention.

He said he was convicted on October 7 by a police court and slapped with 14 days at Chikurubi detention barracks and upon release on November 5 he never tasted freedom as he was immediately taken to Morris Depot by Officer in Charge Morris Depot, Inspector Esufu Mhotiwa. “I do not know the offence which I am now being punished for,” said Tichivanhu. “When I asked Insp Mhotiwa, he told me that I was being detained for retraining, yet I was never retrained from the day I got into the depot to this day, but have been subjected to hard labour and excessive punishment.”

Tichivanhu said he was told that he would be released after three months after it was realised that the 14 days he served at Chikurubi were said to be not deterrent enough.

“The imprisonment term was imposed on me by the trial officer in terms of Section 29 of the Police Act which does not allow a member to be detained beyond 14 days,” he said.

Charumbira and Chikwasha, who also finished serving their sentences but are under further detention, also testified.

They said although the police say they have a retraining programme, what they were doing was totally different from the outline of the programme.

He said they were forced to do water channel crossings, sit in the burning sun wearing police heavy winter gear and subjected to constant beatings, among other inhuman treatment. But the police, who are being represented by Mr Tineyi Dodo of the Prosecutor-General’s Office, denied the allegations.

Mr Dodo argued that the five finished serving their sentences at the detention barracks and were now undergoing retraining for a minimum of six weeks up to a maximum of three months.

He argued that the five were being retrained in terms of a circular which introduced retraining after a needs analysis was undertaken.

“The introduction of policy directions by way of the circular is permissible and remains within the province of the police command,” said Mr Dodo.

“Its purpose is to ensure proper and efficient administration of the police service.” Mr Dodo said the five were not being punished, but going through an endurance test, which is normal within the police force.

The inquiry was adjourned to Thursday when Constables Mabvundwi and Masunda would testify. Mr Norman Mugiya of Mugiya and Macharaga law firm is representing the five.

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