The two MDC-T activists, Petros Makaza and Golden Nhika, both from Epworth, had appeared at the Harare Magistrates Court facing charges of contravening Section 126 of the Criminal Law Codification and Reform Act Chapter 9:23.
However, the defence team made a request for a referral of the case to the Supreme Court, arguing that the accused persons’ right to protection from inhuman treatment as enshrined in Section 15(1) of the Constitution was contravened when the police surrendered them to Chipangano.
The defence team also argued that after the torture, there could be no legitimate prosecution that could be conducted without further violating the rights of the accused persons.
Read part of the appeal: “The accused persons’ request is that this court refers to the Supreme Court the question whether it is constitutionally permissible for the State to prosecute an individual where there has been a violation of his fundamental rights as enshrined in the constitution.”
Munyonga gave the state up to October 15 to complete the investigations into the torture allegations.
It is the state’s case that on 10 August this year, the two accused persons used violence to steal a beret and a cell phone from William Makurumidze at Munyuki Shopping centre in Epworth.
However, the defence team led by Tawanda Zhuwarara denied the allegations and submitted to the court that Makurumidze, together with three of his colleagues, assaulted the two MDC-T activists on the night of 10 August for wearing MDC-T t-shirts and later accused them of robbery in order to get them arrested.
The defence team also alleges that the accused persons were arrested by one Constable John Kanyongo of the Zimbabwe Republic Police at their place of residence on 11 August. The defence team also submitted that Kanyongo proceeded to assault the two MDC-T activists with clenched fists and booted feet for allegedly stealing Makurumidze’s beret and cell phone.
When the accused persons refused to admit any criminal activity, the defence team alleges that Constable Kanyongo made the MDC-T activists wear their party T-shirts and, thereafter, he took them to Mbare where he surrendered them to Chipangano at the local Zanu (PF) offices.
The defence team alleges that in Mbare, the accused persons were severely beaten by members of the Chipangano youth militia who insisted that they admit to stealing Makurumidze’ beret and cell phone.
After several hours of torture, the defence team alleges that the accused persons were surrendered to Mbare Police Station where a docket was opened and on 12 August, the two activists were referred to Epworth Police Station.
On 14 August, the two activists were placed on remand and given US$30 bail each.
It is also the defence team’s allegation that, as a result of the torture, the first accused person, Petros Makaza sustained serious injuries which included ruptured tendons, bruises and lacerations.
The second accused allegedly sustained severe burns on his buttocks.
The case will proceed on 16 August.
Post published in: News