Lawyer to sue Attorney General

Lawyer Mordecai Mahlangu was arrested last November and spent a night in police cells after he prepared an affidavit indicating that Mutare arms dealer Michael Peter Hitschmann lined up as the states star witness in Bennetts trial was not going to testify because the evidence that the state recorded was obtained through torture.

The state accused Mahlangu of having written the affidavit on Hitschmanns behalf and caused him to sign it when he approached him for advice. Mahlangu, who was later charged with trying to obstruct the course of justice, was a fortnight ago acquitted by a Harare magistrate.

In a letter served to the AGs office last Wednesday, Mahlangus lawyer Raymond Moyo said: It is the intention of our client to institute civil proceedings for the damages sustained by him arising from his wrongful arrest and unlawful detention both under the common law and under the Constitution of Zimbabwe. Moyo also notified co-Home Affairs Ministers Giles Mutsekwa and Kembo Mohadi, the arresting police officers Clever Ntini and Henry Dowa, and police chief Augustine Chihuri that he would sue them too.

In terms of the State Liabilities Act, an aggrieved party must give 60 days notice before instituting civil proceedings. An official at the AGs office confirmed receiving the letter from Mahlangu. In an interview Mahlangu told ZimOnline that he would sue Tomana in his personal capacity.

It would send wrong signals if taxpayers foot his legal bill. He acted irresponsibly and in bad faith. He is a senior lawyer and he knows the law, said Mahlangu. Tomana, a self proclaimed Zanu (PF) sympathiser, is regarded as among hardliner supporters of President Robert Mugabe working to derail the power-sharing government the veteran President formed last February with his former opposition foes Tsvangirai and Deputy Premier Arthur Mutambara.