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This article participates on the following special index pages:
Index of articles on the mistreatment of the legal profession in Zimbabwe
Update
on the arrest of Makoni and Muchadehama
Zimbabwe Lawyers for Human Rights (ZLHR)
May 07, 2007
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the special index page on the mistreatment of the legal profession
in Zimbabwe
Following the
continued defiance of Justice Karwi's Order handed down on Saturday
at 1230hrs (5 May 2007), a further Urgent Application was filed
on Sunday morning (6 May 2007) seeking the production of Andrew
Makoni and Alec Muchadehama before the High Court so that the Court
could confirm their safety and ensure that they were released into
the custody of their legal representatives.
Whilst this was being filed, police from the Law and Order section
at Harare Central police station visited the offices of the law
firm of Mbidzo, Muchadehama & Makoni taking the two detainees
with them. The police, led by one Detective Inspector Muchada, were
armed with a search warrant and proceeded to raid the law firm.
Lawrence Chibwe, the Deputy Secretary of the Law Society of Zimbabwe,
and Otto Saki, were threatened with arrest when they sought to scrutinise
the search warrant. Police proceeded to remove certain files and
documents from the offices and did not allow the lawyers to take
an inventory or remain present during the search.
It is unlawful to search and remove documents from law offices,
as they are protected by legal practitioner-client privilege. This,
however, did not deter the police.
Muchadehama and Makoni were then taken back to CID Law and Order.
In the afternoon at around 1600hrs, Justice Chitakunye granted a
further Order that:
- The Respondents
be and are hereby directed to physically deliver the Applicants
before this Honorable Court within one (1) hour of the service
of this order on any one of the Respondents.
- The Applicants'
legal practitioners be and are hereby granted leave to serve copies
of this order on any of the Respondents or officers of their section.
Armed with reinforcements,
7 lawyers attended at CID Law and Order section to serve the Order.
The situation was extremely tense and several lawyers had to withdraw
from the police station fearing imminent arrest by increasingly
hostile and uncooperative police officers. The Order was eventually
served on the Respondents at 1824hrs, meaning that Muchadehama and
Makoni should be brought to the High Court before 1924hrs.
In a further act of defiance, the police again ignored this Court
Order. Lawyers waited in vain at the High Court until around 2130hrs.
It is now unclear where Muchadehama and Makoni spent the night.
ZLHR lawyers are currently searching for their whereabouts.
Muchadehama and Makoni were due to appear in court on behalf of
clients today in several critical matters affecting personal liberty.
Efforts are being made by other lawyers to deal with the cases,
but the police defiance of three court orders has directly contributed
to the violation of constitutional rights of other Zimbabweans to
protection of the law, presumption of innocence, and being represented
by lawyer/s of their choice.
Visit the ZLHR
fact
sheet
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