Tuesday, 30 March 2010 07:35
Owen Maseko's painting of the 1987 Unity Accord between Robert Mugabe (ZANU) and Joshua Nkomo (ZAPU) which brought the ZANU-PF party into existence has been categorised as demeaning the Shona tribe and undermining Mugabe’s name.
He is charged with inciting violence, undermining Mr. Mugabe's name, and demeaning Mr. Mugabe's tribe, the Shonas. The charges carry a prison sentence or fines.
maseko-nkomo
Maseko, a Zimbabwean artist was in court in Bulawayo yesterday after the government shut down his art exhibit exploring violence blamed on President Robert Mugabe
The painting shows a bloodied Nkomo bending over the accord, while Mugabe is the other individual seated at the table.
Maseko's exhibition at the national art gallery in Bulawayo focuses on an uprising that was crushed in western Matabeleland after Zimbabwe's independence in 1980.
Thousands of civilians were massacred by members of the Shona tribe trained by North Korea and loyal to Robert Mugabe.
The most striking image shows the late Joshua Nkomo and Robert Mugabe signing an accord leading to a unity government. In the painting Nkomo is slumped across the table, blood dripping from his shoulders. Behind the two leaders is a line of men all wearing dark glasses, whom many presume are members of the Central Intelligence Organization.
Joshua Nkomo and Mr. Mugabe helped lead the guerrilla war against white rule in Rhodesia, now Zimbabwe.
Maseko's exhibit was supposed to run through April, but last Friday Maseko was arrested and police blacked out the gallery windows and covered the murals with newspapers.
Lawyers acting for Maskeo applied for bail at the Bula wayo Magistrate's Court and judgment will be delivered Tuesday. Meanwhile, the artist remains in detention.
Police allegedly received a “complainant” from a member of the public that there were certain pieces of art at the gallery that were “insulting”, President Mugabe.
Detectives from the Law and Order section then descended on the gallery and found the exhibitor, Owen Maseko not present.
He was telephoned and later came to the gallery to find the detectives waiting for him and taking down notes on the exhibition.
Maseko appeared before Bulawayo magistrate, Mr Victor Mpofu yesterday also facing charges of undermining or insulting the President and causing offence to persons of a particular race or religion in contravention of Sections 33 and 42 of the Criminal Law (Codification and reform) Act, Chapter 9:23.
Mr Trust Muduma, for the State asked the court to put it on record that the State was opposed to Maseko being granted bail.
He led evidence from Detective Sergeant George Ngwenya, who testified that he was leading a team of detectives from the Law and Order section.
It was his testimony that they still needed time to record statements from three or four witnesses who crucial to the case.
Det Serg Ngwenya said the police were afraid that Maseko could abscond if granted bail as he had shown that he does not appreciate the seriousness of the offence he is facing.
He said this is an indicator that Maseko might continue with his activities if granted bail.
Under cross-examination from Maseko’s lawyer, Mr Kucaca Phulu of the Zimbabwe Lawyers for Human Rights, Det Serg Ngwenya admitted that Maseko was not at the gallery when his team got there.
When Mr Phulu put it to him that investigations had been completed and that was the reason why he had been brought to court on a full docket, Det Serg Ngwenya claimed that they were working under “pressure” and that investigations were not complete.
Mr Mpofu remanded Maseko in custody to today for the bail ruling.
The magistrate, after a brief talk with Mr Phulu and the State counsel said he needed time to decide on the points raised during the application.
Soon after the case had been remanded the packed Court Two public gallery, with some people following proceedings from outside, was left empty as they walked out.
The court heard that last week on Friday, detectives received a tip off to the effect that there were controversial paintings and captions at the gallery.
The State is alleging that the paintings and captions are likely to cause hatred or engender feelings of hostility towards or cause contempt or ridicule to the President or insult to the President in person or in respect of his office.
The paintings and captions were on display for the public to view after paying a certain fee.
Some of the captions read, “Mugabe must go. Gone go. Who can forget and forgive about the Gukurahundi? All Ndebeles are dissidents. We can still be eliminated at any time. This wound is huge and deep. It is the darkest period in Zimbabwe’s political history. Gukurahundi is hanging over his head and this partly explains why there is a need and desire to continue in the office until he dies.
“In our country perpetrators of violence are still holding powerful positions and survivors remain silent and afraid.”
The paintings and statues had captions, which read; “Gukurahundi, the rains that wash away all the trash and chuff before spring time. Gukurahundi would not discuss but shoot you only. Babulelwani abafowethu. Inyembezi zabogogo.
“The overwhelming residue of unprocessed pain and super suspicions and grief remains in the community as negative and silent weight and even dark. A secret that undermines shared community activities causing finger pointing and division. They mad us sing their songs while they tortured and killed our brothers and sisters, this being a painting of this man wearing glasses and fat man sitting at a table, a fat man with a gush wound on the back of the head oozing blood.”
Source-zimdiaspora.
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