This article was first reported in the Zimbabwe Times

HARARE – Zimbabwe Congress Trade Unions (ZCTU) president Lovemore Matombo and four members of his organisation were freed Thursday when their charges were summarily dropped by a Victoria Falls magistrate’s court.

Magistrate Richard Ramaboea reprimanded the police for their failure to interpret the provisions of the Public Order and Security Act (POSA) when they arrested the trade unionists.

Matombo and four other unionists, Michael Kandukutu, Percy Mncijo, Dumisani Ncube and Nhawu Ndlovu were arrested Sunday night in Victoria Falls for alleged violation of the controversial law.

They were on a consultative and feedback workshop for ZCTU members in the resort town as part of their countrywide tour of union structures.

After having spent four nights in custody, they were taken to court Thursday where Ramaboea summarily dismissed the charges.

ZCTU secretary general Wellington Chibebe told The Zimbabwe Times Thursday that the five were acquitted before they were asked to plead.

“They have been acquitted,” said Chibebe. “The magistrate has actually chastised the police to say that they must have a culture of reading.

“The presiding magistrate did not even give the case 20 minutes. He was very candid. He said he had no time to listen to rubbish. He told the police to go and read what POSA says about trade union activities.

“He also said they should read and understand the High Court Judgement by Justice Chinhengo.”

Chibebe was referring to a 2002 ruling by former High Court Judge Moses Chinhengo which excused the labour union from any requirement to seek permission from the police before holding meetings.

This was after the workers’ union had taken the police the Commissioner of Police and the Officer Commanding Police Harare Province to court for causing the cancellation of a ZCTU general council meeting on March 14, 2002.

The police had insisted that two plainclothes officers be allowed to attend the meeting.

Human rights lawyer Gugu Mahlangu, who is among the three legal practitioners who were handling the arrest of Matombo and the others, also confirmed the release of Matombo and his comrades.

“The magistrate threw away the charges saying the ZCTU does not fall within the ambit of organisations who should notify the police when organising their meetings.”

The ZCTU officials were arrested barely two weeks after the police in the resort town arrested and also detained two National Association of Non Governmental Organisations (NANGO) chief executive officers, Cephas Zinhumwe, and chairwoman, Dadirai Chikwengo, under POSA.

Recent arrests on civic society leaders have been viewed as part of a fresh crackdown on vocal sections of civil society which are against President Robert Mugabe’s continued abuse of human rights.

The Zimbabwe Times