The Zimbabwean government’s ‘long-standing’ use of lawfare and strategic manipulation of legal systems to suppress dissent has once again come under scrutiny, with activists and scholars pointing to the tragic case of national hero Lookout Khalisabantu Vumindaba Masuku as a historic example of this repressive tactic.
Masuku, a decorated freedom fighter and former ZPRA commander, was wrongfully arrested and detained in the early 1980s despite being acquitted by the Supreme Court.
His case has been described as one of Zimbabwe’s most outstanding miscarriages of justice, with human rights defenders saying Masuku’s experience is a cautionary reminder of how legal institutions in Zimbabwe have long been weaponised to intimidate political opponents and silence critics.
These sentiments came out during a memorial lecture held in honour of Masuku hosted by Ibhetshu LikaZulu on May 25 in Bulawayo.
In a lecture, themed “Victims or victors? A reflection of the life and legacy of LKVM and his contemporaries,” social justice activist, Dr Philani Ndlovu, said this was a moment to reassess the legacy of Masuku and other ZPRA liberation icons and expose long standing state injustices.
“The case of Masuku and (Dumiso) Dabengwa goes into history as an unprecedented travesty of justice in Zimbabwe, and a textbook case of how lawfare has been deployed to intimidate critics and opposition political activists in this country,” he said
Tracing the events post-independence, Dr Ndlovu said the liberation war which brought black rule in 1980 involved three main military forces: ZPRA, ZANLA and the Rhodesian Front.
“To end the war, a conference was held at the Lancaster House in the United Kingdom. The agreement paved the way for the integration of the three-armed military belligerents into one national army,” he explained.
When the Zimbabwe National Army was formed, Dr Ndlovu said, “Rex Nhongo, also known as Solomon Mujuru was appointed as the Head of the military. Ubaba uLookout Vumindaba Khalisabantu Masuku was appointed as his deputy.”
However, the short-lived Joint High Command collapsed by 1982.
“Within two years of its establishment, the Joint High Command established in 1980 collapsed when Lookout Masuku, Dumiso Dabengwa, among others, were arrested and tried for alleged acts of treason,” said Dr Ndlovu.
“The arrest resulted in a lengthy trial which proceeded through the High Court of Bulawayo right up to the Supreme Court. Interestingly, the state prosecution failed to sustain the charges against the accused ZPRA commanders, resulting in their acquittal by the Supreme Court in April 1983.”
The justice advocate highlighted that despite the acquittal, Masuku and Dabengwa were immediately detained without trial.
“Masuku and Dabengwa were immediately detained with neither further charges pressed against them nor trial between 1983 and 1986,” he added.
Dr Ndlovu said during that detention, Masuku’s health deteriorated significantly
“Even though Masuku was eventually released in March 1986, that release came barely a month before he succumbed to illness. His death on 5 April in 1986 just two days before his 46th birthday cast a dark shadow on the prospects of the successful attainment of the dream of a free country,” he said.
“It is a sad reminder of how one’s sacrifice can be used against him by those who have benefited from it.”
Drawing parallels with the present day, Dr Ndlovu said recent arrests and detentions of the likes of “Job Sikhala, Blessing Mhlanga, and others must be viewed against the backdrop of a long-standing culture whereby critics of government and the state face detentions to curtail their voices.”
He then asked a rhetorical question to participants.
“Was it by coincidence that the arrest, prosecution, and subsequent detention of the ZPRA supremo duo’s arrest was immediately followed by the deployment of Gukurahundi into the provinces of Matabeleland and the Midlands? Is their trial not to be viewed within the context of the bigger Gukurahundi genocide plot?” quizzed Dr Ndlovu.
He also lamented how former ZPRA fighters were suffering.
“Just a little over two weeks ago, we witnessed the passing of Mrs Sikhubekiso Mangena, the wife of the ZIPRA commander who died in 1978 during one of the military operations to liberate Zimbabwe. Sadly, she died a pauper’s death despite the sacrifices she and her husband made,” he claimed.
Dr Ndlovu raised fundamental questions about identity, justice and citizenship in Zimbabwe, saying one question that stands to be answered is: “Who is a Zimbabwean? What is a Zimbabwean? When you say you are Zimbabwean, what do you mean?”
Discussing the gaps in Zimbabwe’s justice system, Dr Ndlovu said justice hinges on two main principles, Audi alteram partem (let the other side be heard) and Nemo judex in causa sua (no one should be a judge in his own case), but criticised the State for failing to uphold these basic standards.
Addressing the disconnect between generations, Dr Ndlovu stated that due to such injustices, young people “do not see a reason why Masuku went to war.”
“Justice has been elusive since 1980,” he concluded.