adminCharlene Shumba
Correspondent
The past few weeks have been politically intriguing. Wilful breakdown of Covid-19 lockdown regulations by the opposition through demonstrations. Endless tweets and statements by the western sponsors in tow. Faked abductions by Harare West legislator, Joanna Mamombe et al. The expected condemnation by the sponsors of the choreographed abductions, the US Embassy in Zimbabwe, and the usual western cohorts.
A futile unfollow President Mnangagwa campaign by opposition netizens. The sensationalisation of the unfollow campaign by international media, including the BBC. The arrest of some striking healthcare workers for breaking lockdown regulations. The condemnation by the West.
The arrest of inciters actively agitating for a “revolution” on July 31, 2020, to violently remove ZANU PF from power. The whirlwind condemnation and threats from the West. Juxtaposition of corruption and sanctions, with corruption by ZANU PF aligned individuals only cited as the omnipotent threat to Zimbabwe’s existence. The western diplomats, nay activists, setting the agenda.
One could go on and on and on, but there is a discernible pattern of instigation, provocation and incitement to goad and provoke the authorities, all in a bid to elicit the invocation of the Coercive State Apparatus, and subsequently, a basis to build momentum for the ill-fated July 31, 2020, virtual revolution.
A bit of perspective would suffice. The West, principally the US, designated Harare as an enemy of Washington, following an outpouring of condemnation from netizens in the wake of the killing of George Floyd by the American police. Washington accused Zimbabwe of being part of a group of countries destabilising and interfering in American affairs. Threats were issued to respond in kind. And respond they did. The US Embassy ratcheted up pressure on Harare, using willing pawns in the opposition.
This gave birth to the #ZanuPFMustGo and #31July2020 campaign with the tacit objective to build a groundswell of discontent, culminating in the violent removal of the democratically elected Government led by President Mnangagwa, and the installation of a puppet National Transitional Authority (NTA).
All American poodles with a violent predisposition have been roped in to push the illegal regime change project. Their job is to incite, agitate, stir up, persuade and urge Zimbabweans to unlawfully remove ZANU PF from power. These include Jonathan Moyo, Jacob Ngarivhume, Hopewell Chin’ono, Promise Mkwananzi, Obey Sithole, Job Sikhala, Tendai Biti, Saviour Kasukuwere, Walter Mzembi, Dewa Mavinga, among a host of agitators.
Incitement
In general terms, incitement is the action of provoking unlawful behaviour, urging someone to behave unlawfully, or encouraging or influencing someone to commit a crime.
Section 187 of the Criminal Law Codification and Reform Act (CODE) (Chapter 9:23), criminalises incitement, stating that any person who, in any manner, communicates with another person:-
• Intending by the communication to persuade or induce the other person to commit a crime, whether in terms of this Code or any other enactment; or
• Realising that there is a real risk or possibility that the other person may be persuaded or induced by the communication to commit a crime, whether in terms of this Code or any other enactment, would be guilty of incitement. According to Section 187(2), it is immaterial whether the incitee (citizen) acted on the incitement or not, or was unaware he or she was being incited.
The American Trojan Horses have been signing off their inciting messages with #ZanuPFMustGo and #31July2020, with most going further to say, “by any means necessary.” This constitutes all the essential elements of an inciting message. Essential elements of incitement are the mental element (mens rea) and the physical element (actus reus).
On the mental element, the inciter must intend others to engage in behaviour constituting an offence. There must be an intention that the communication will reach the mind of the incitee and that the incitement will be acted upon by the incitee.
The #ZanuPFMustGo campaign’s singular objective is to remove the Government by any means necessary on 31 July 2020. The tweets urge netizens to turn up in their numbers pursuant to this singular objective.
An example is a tweet by MDC activist, Chin’ono, where he tweeted that, “Mnangagwa and his regime have failed. How they go will be determined by history and if Mnangagwa refuses to go, CHANGE WILL COME BY ANY MEANS NECESSARY.” Any means necessary, includes force. This certainly is an inciting message aimed at planting a mental seed of violently removing a democratically elected President. It is no wonder Chin’ono deactivated his Twitter and Facebook accounts to obliterate evidence. Alas, too late, the digital footprint is already there to be retraced.
On the other hand, the physical element, is whereby the inciter reaches out and seeks to influence the mind of another to commit a crime. The inducement or persuasion can be by words or conduct. Further, the inducement or persuasion must reach the mind of the incitee otherwise it can only be attempted incitement. The country has Covid-19 regulations in place that proscribe gatherings of any kind, particularly unsanctioned demonstrations. Anyone who incites citizens to break these regulations is liable to be charged with incitement.
A case in point is the mischievous citation of Section 59 of the Constitution that gives the right to demonstrate peacefully, to justify breakdown of lockdown regulations. Jonathan Moyo has been guilty of incitement. On 5 July 2020, he tweeted that, “MANY VOICES ONE MESSAGE: Towards 31 July 2020 and beyond, in accordance with S59 of Zimbabwe’s 2013 Constitution. Time up for Zanu PF. Act where you are. The people united can never be defeated! #ZanupfMustGo.”
Section 192 of CODE criminalises Moyo’s conduct, even though he is outside of Zimbabwe’s physical jurisdiction, as it states that any person “outside Zimbabwe [if he/she] incites another person who is in Zimbabwe to commit a crime in Zimbabwe then that person may be charged with incitement in Zimbabwe.”
Western Solidarity
The cacophony of voices from the West on the arrest of inciters of illegal regime change betrays the treacherous and devious scheme by the Americans. As soon as Chin’ono the American poodle was arrested, the whole American public diplomacy machinery from the international media, its embassies, Jeffrey Smith, Chris Coons, Tibor Naggy, Council of Elders, Amnesty International, as well as the European Union all stampeded to threaten Harare, demanding the release of Chin’ono.
What is instructive is that, Chin’ono was arrested on the same day Transform Zimbabwe leader Jacob Ngarivhume was also arrested, but there has not been a whiff from them on him. Similarly, the other noisy Trojan Horses have ignored Ngarivhume, with some belatedly including him in their messages. This stinks to the high heavens. It is a story for another day.
Corruption
If corruption was that pervasive to ignite the July 31, 2020 demonstration against Zanu PF, two worrying questions come to mind. Why are these corruption activists not pushing for the removal of the MDC-led local authorities that are riddled with corrosive widespread corruption? It is simply because the demonstration has nothing to do with the vice, but simply a violent removal of a constitutionally-elected Government.
Secondly, there has been a duplicitous hypocritical lie that Chin’ono was arrested for allegedly exposing corruption by ZANU PF. Nothing could be further from the truth than this. If it were so, Elias Mambo, Mduduzi Mathuthu, Bridget Mananavire, Faith Zaba, from Zim Morning Post, ZimLive and Zimbabwe Independent respectively, who have exposed probably worse alleged corruption would be behind bars. The New Dispensation abhors corruption and does not stand in the way of its exposure, which is why for the first time in Zimbabwe’s history, two Ministers, Obadiah Moyo and Prisca Mupfumira, have been dismissed by President Mnangagwa and face trial for corruption.
The difference, as highlighted above, is simply that Chin’ono is not a journalist. He is a political activist and Trojan Horse for the nefarious agenda of the US to unconstitutionally remove ZANU PF from power.
That said, it is every Zimbabwean’s collective responsibility to incite fellow Zimbabweans to adhere to WHO prescribed Covid-19 prevention measures, as well as the lockdown regulations announced by the President on July 21, 2020 to stem the spread of the coronavirus. Inciting Zimbabweans to break these regulations can only lead to grief, either through the spread of the deadly Coronavirus, or when the coercive State apparatus is unleashed.
Inciters belong in jail.
Online Reporter