Zimbabwe Lawyers for Human Rights (Harare)
6 January 2009
press release
Harare —
Zimbabwe Lawyers for Human Rights has released the following detailed timeline of events, ending at 9 am on January 6, recording attempts by lawyers to get judges and magistrates to deal with applications relating to abducted activists, and to get police and prison authorities to obey those orders eventually granted. Earlier efforts, made on December 23 and 24, 2008, are detailed in a news release of December 26.
25 December 2008:
· State representatives purport to file a Notice of Appeal against the High Court Order granted by Justice Yunus Omerjee on 24 December 2008 (ref: HC 7166/08). Instead of complying with the Rules of the Supreme Court, the Notice is filed in the High Court and bears no stamp or case number from the Supreme Court, therefore being defective and of no force and effect. It is also unclear why the appeal has been noted, apart from a reasonable perception of an attempt in bad faith to prevent the Order being implemented, as the Respondents had agreed on record to all provisions contained in the Order in Omerjee J's Chambers during the hearing.
· On the strength of this defective Notice, Chief Superintendent Magwenzi advises the abductees' legal team that he and others will not be complying with Omerjee J's Order on the advice and instructions of Florence Ziyambi, from the office of the Attorney General, who told him not to comply as "an appeal has been filed and has suspended the High Court Order".
· In the meantime, Jestina Mukoko, Broderick Takawira, Fidelis Chiramba, Collen Mutemagau, Concillia Chinanzvavana, Manuel Chinanzvavana, Pieta Kaseke, Violet Mupfuranhehwe and two-year-old Nigel Mutemagau (hereinafter referred to as "Mukoko and 8 others") are removed from Harare Remand Prison (to which they had been ordered to be taken by Magistrate Guvamombe) to Chikurubi Prison, with the men being held at Chikurubi Maximum Security, and the women and the 2-year-old child being held at Chikurubi Female Prison.
· The remainder of the confirmed abductees, namely Chris Dhlamini, Gandi Mudzingwa, Chinoto Zulu, Zacharia Nkomo, Mapfumo Garutsa, Andrison Manyere and Regis Mujeye (hereinafter referred to "Dhlamini and 6 others") remain in police custody at various police stations throughout Harare on the strength of Warrants of Further Detention issued by Magistrate Cathrine Chimanda.
· The remaining two confirmed abductees, Pascal Gonzo and Tawanda Bvumo, are also returned to Rhodesville police station despite the fact that the police and Florence Ziyambi and Tawanda Zvekare from the Attorney General's Office previously made submissions on record in the Magistrates' Court that these individuals were not in police custody.
26 – 27 December 2008:
· Lawyers attend at various police stations in attempts to access Dhalmini and 6 others, as well as Gonzo and Bvumo. They are all advised that a directive has been issued that morning (unclear from which authority) that no lawyers are to have access to any of the abductees, and neither are they to be allowed any food or visits whatsoever from lawyers and/or relatives. All police at all involved police stations refuse to comply with Omerjee J's Order, despite service upon them, to urgently remove them to Avenues Clinic, and to release Gonzo and Bvumo forthwith, again citing superior orders.
· Lawyers confirm that Mukoko and 8 others have been moved from Harare Remand Prison to Chikurubi. Upon attendance at Chikurubi Maximum Security, they are denied access to all their male clients. Lawyers however manage to have access to the women and minor child at Chikurubi Female Prison, although they are prevented from consulting their clients in privacy, as is required in terms of the Constitution of Zimbabwe, to take proper instructions.
28 December 2008:
· Lawyers return to Chikurubi Female Prison in attempts to take instructions for the hearing the following day. They are advised that all save for Violet Mupfuranhehwe and her two-year-old child have been removed to Chikurubi Maximum Security Prison, although they refuse to disclose the reasons and who gave the instructions for their removal.
29 December 2008:
· Virginia Mabiza from the Attorney General's Office files a second Notice of Appeal in the Supreme Court, confirming that the previous Notice was defective and that the Order of Omerjee J has effectively been flouted with impunity for the past 6 days.
· Lawyers are finally allowed access to Mukoko and others held at Chikurubi Maximum Security for a brief time before they are taken to the Magistrates' Court. They are produced from solitary confinement, in handcuffs and leg irons, with the majority of the men wearing torn shorts exposing their upper thighs, buttocks and genital region. Prison officers are requested to ensure that they are provided with suitable clothing for their appearance in court.
· Again, lawyers are unable to obtain comprehensive instructions due to lack of time before the court appearance, and the fact that prison officers refuse to allow privacy for consultations as provided for in the Constitution of Zimbabwe.
· Dhlamini and 6 others, Gonzo and Bvumo, are finally brought to court in batches, and confined to the cells at the Magistrates' Court. Lawyers are able to have access to them for the first time in order to take very brief preliminary instructions.
· Lawyers are advised for the first time that Mukoko and 8 others are to be charged with contravening section 24(a) of the Criminal Law (Codification and Reform) Act for allegedly recruiting or attempt to recruit individuals for training in banditry, insurgency, sabotage or terrorism, which carries a potential sentence of life imprisonment in the event of conviction.
· Lawyers are advised for the first time that Dhlamini and 6 others are to be charged with the bombings of various police stations, railway lines etc and engaging in acts of banditry, insurgency, sabotage or terrorism under section 23 of the Criminal Law (Codification and Reform) Act, which carries a potential death sentence in the event of conviction.
· Lawyers are advised for the first time that Gonzo and Bvumo are to be charged with assisting perpetrators of crimes after commission of the crimes under section 206(a) and (b) of the Criminal Law (Codification and Reform) Act. The sentence upon conviction is the same as that of actual perpetrators of the alleged crimes, therefore meaning a potential life imprisonment sentence.
· Lawyers for the defence place on record the hurdles they have faced in accessing their clients, the torture to which they have been subjected, and insist on compliance with the Order of Omerjee J – for either the immediate release of various individuals, or the urgent removal of others to Avenues Clinic for medical examination and treatment. Magistrate Mishrod Givamombe postpones the various matters to the following day for rulings.
30 December 2008:
· Magistrate Guvamombe hears further arguments in relation to various individuals and rules that all abductees before the court are to be held over in custody at Chikurubi Maximum Security Prison Hospital, and that they are to be medically examined there by medical practitioners of their choice. In the meantime, the matter is postponed to Monday 5 January 2009 pending the outcome of the medical examinations.
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This shows a high level of lawlessness which all Zimbabweans and the international community should take note of. It is such acts that make Zanu PF not an appropriate party to run a country. These are exactly issues that make the country a pariah state. These are the same issues that provide the ground for travel bans on people who promote such evil acts, for people with such primitive minds should not be allowed to find solace in countries where the rule of law and human rights are respected.
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There is no doubt that the lexeme "abductee" is not be found in the index to the Criminal Code of Zimbabwe.
Accordingly, the use of the term by so-called human rights lawyers is not merely a case of ignorance, although there is some of that, but predominantly an extrajudicial grab at rewriting the legal code, which is, of course, beyond the scope of any and all lawyers, human rightist or nay, because the significative constitution of the legal code and its interpretation and application are vested exclusively within the jurisdictions of the legislature and Supreme Court.
A clear case of… [Read Full Text]
This post was deleted because it contravenes AllAfrica's commenting guidelines.
This post was deleted because it contravenes AllAfrica's commenting guidelines.
This post was deleted because it contravenes AllAfrica's commenting guidelines.
For example, are the terrorists in Gitmo "abductees"? You may argue whether or not they are terrorists, but you cannot call them "abductees."
That said, the question is what motivated the Zimbabwean lawyers to posit a TRANSPARENT anarchronism.
Go figure.
Shakespearean Guards of Lawyerly Games in the City of Black law Braxtonism, HARARE.
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