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The Rhodesia Herald, 20 November, 1962
INSTRUCTIONS given to police reservists called out in Goromonzi district when ZAPU was banned were questioned by Mr Justice Maisels in the High Court in Salisbury yesterday. A reservist, Angus Alexander Macdonald (26) was appearing on a charge of murder following the death of an African.
Macdonald, who farms on Borderlands in the Goromonzi district, pleaded not guilty before the judge and a special five-man jury. He is alleged to have shot an African, Tenesi, near Petandy farm in the district on September 21.
Mr I.M.L. Turnbull appeared for the Crown. Mr B. Goldin, QC, with him Mr C. Anderson (instructed by Atherstone and Cook) appeared for Macdonald.
The court was told that the shooting took place during a police search for an African who had attacked a European housewife at Ruwa.
Reservists had also been warned to watch for arson and sabotage as ZAPU had been banned the previous day.
The first witness, Mrs L. J. Alexander, of Rydal Court, Ruwa, said that about 10 a.m. on September 21 she was attacked by an African employee called Ranek.
“He struck four or five blows with his fist,” she said. ”I thought he was going to kill me. I have never seen anything so mad.”
After the attack she described Ranek to the police reserve as wearing a T-shirt and khaki longs and being “muscular.”
Mr George Buck, a reservist and farmer on Ndirande farm in the district, said that he and Macdonald were returning to Macdonald’s farm about 11.55 a.m. on September 21 after 12 hours of patrolling.
He was driving the Land-Rover through the farm gates when Macdonald said an African was sitting under a tree and suggested they question him.
Looking back at the African under the tree he noticed that he was wearing a T-shirt and khaki shorts.
“I was turning the jeep around when I saw the African move off into the bush,” said Mr Buck. “I got out of the jeep with my rifle and followed him on foot. Macdonald stood in the back of the jeep.
“I was about 20 yards from the jeep when I heard Macdonald shouting to the boy to stop. He was speaking kitchen kaffir and told him to stop as he wanted to look at his situpa.
“Macdonald shouted several times, then I heard him fire two shots. But the African carried on running.
“Macdonald drove off after him in the jeep. It appeared to me the African would vanish into a clump of trees and we would lose him altogether, so I fired a shot. I intended to hit him as I felt I would be failing in my duty if I let him get away in view of the circumstances.
“The jeep then reached the spot. I met Macdonald walking up the hill towards me soon afterwards. He said the African was dead.
LESSONS FOR TODAY
- Justice Maisels’ questioning centred on understanding the legality and morality behind police actions during a politically sensitive time in Zimbabwe’s history, specifically focusing on Macdonald’s alleged murder charge stemming from his role as a reservist amidst civil unrest following ZAPU’s ban.
- Another significant issue is whether Macdonald’s actions constituted justifiable use of force or if they amounted to excessive force leading to unlawful killing. The legal framework governing police conduct typically requires that any use of force must be necessary and proportionate to the situation at hand.
- The implications for civil rights are profound, particularly in how state forces interact with citizens during periods of political repression or conflict.
This case serves as an example for examining how laws are applied in practice versus their theoretical underpinnings.
Online Reporter