ZLHR lawyers are taking a habeas corpus case asking the State to
produce the remaining 7 on their list, who have not yet been located.Â
The 7 are Gwenzi Kahiya, Ephraim Mabeka, Lovemore Machokota, Graham
Matehwa, Peter Munyanyi, Charles Muza and Edmore Vangirayi. [Note Mr
Tsvangirai when he threatened to withdraw from negotiations last year
unless all the abductees were produced, mentioned that there were more
than 42, so it could be that there are others, names unknown, missing.]
Abductees being used as Political Pawns?
The circumstances of the abductees' disappearances, their illegal
detention and torture by State agents, the refusal of the State to
comply with numerous court orders and the delay in getting a Supreme
Court hearing on the Constitutional violations involved, point to
deliberate stalling pending a political decision.
Coming up in Court
Tuesday 24th February:Â High Court – defence appeal against the
provincial magistrate's decision refusing to release Fidelis Chiramba
and others of the recruiter group'
Friday 27th February:Â Magistrates court – further remand proceedings for Concillia et al [the recruiter group].
Friday 6th March: Magistrates court – further remand hearing for
Dhlamini et al [the bomber group]. The prosecutor has been ordered
to name a trial date at this hearing.
Date not fixed for Supreme Court – Constitutional Test Cases In these
cases lawyers for Jestina Mukoko, Broderick Takawira and Audrey
Zimbudzana will argue that the infringements of constitutional rights
involved in their abduction and unlawful detention [including
allegations of torture] mean that the State cannot prosecute them.
Abductees Court Proceedings since 16th February
[for full details see ZLHR reports available from kumbi@zlhr.org.zw]
Wednesday 18th February:Â Members of the Dhlamini et al group were due
back in court, and the much-delayed police report on their allegations
of torture at the hands of State Security personnel was expected to be
filed. However, once again the report was not available and the
magistrate postponed the proceedings to 20th February, ordering the
prosecutor to provide the defence with a copy of the report by 19th
February.
Thursday 19th February:Â Justice Omerjee granted bail to four members
of the Dhlamini et al group: Chinoto Zulu, Zachariah Nkomo, Mapfumo
Garutsa and Regis Mujeyi. They have not, however, been released,
because the State immediately notified the court of its intention to
appeal, resulting in the suspension of the judge's order granting
bail. [Justice Omerjee turned down applications for bail from the
other members of the group – Chris Dhlamini, Gandhi Mudzingwa and
Andrison Manyere.]
Friday 20th February:Â Four members of the Dhlamini group appeared in
the magistrates court. The magistrate directed the prosecutor to set a
trial date and ordered that the four be taken immediately to the
Avenues Clinic for examination and treatment [an order not yet complied
with].
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Post published in: Politics