The jewels will remain there pending the determination of the appeal against Justice Hungwes decision of September 24, 2009 restoring the claims to ACR. This ruling temporarily replaces that part of Justice Hungwes order directing the return of the diamonds to ACR.
This should halt, for the time being, any attempts by the governments joint venture partners to sell diamonds extracted from the ACR claims. The government had already called off an auction announced by Mbada Mining for January 7, citing Mbadas failure to follow proper procedure and its non-compliance with Kimberley Process requirements agreed to by the government in November.
Potential buyers would also have been deterred by ACRs public warnings that diamonds slated for auction were stolen property and that Interpol had been alerted. Meanwhile, the Environmental Management Authority [EMA] has lifted its ban on Mbadas mining activities. – Veritas
Police obstruct legal process
HARARE – Justice Chitakunye has ordered the Commissioner-General of Police to investigate incidents of police obstruction of legal practitioners.
The accusations were brought by Zimbabwe Lawyers for Human Rights (ZLHR) and six individual legal practitioners. Assaults, threats and denial of access to clients were among incidents cited.
The judge also ordered the Commissioner-General and his officers to refrain from hindering legal practitioners from exercising their rights and warned that officers flouting the order will be guilty of contempt of court.
In a recent example of harassment, Harare lawyer Mordecai Mahlangu was arrested and remanded on an obstruction of justice charge on the strength of a letter he wrote to the Attorney-General on behalf of Peter Hitschmann, explaining his objections to giving evidence in the Bennett trial.
On January 14, a Harare magistrate threw out the charge, ruling that the facts alleged by the State did not constitute an offence. Mahlangu has announced his intention to sue the Attorney-General, the co-Ministers of Home Affairs, the Commissioner-General of Police and the arresting police officers for damages for wrongful arrest and unlawful detention.
Post published in: Analysis