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Further developments relating to individuals subjected to enforced disappearances
Zimbabwe Lawyers for Human Rights (ZLHR)
December 25, 2008

Read the first update

On 24 December 2008 eight (8) of the current total of thirty-two (32) individuals abducted over the last seven (7) weeks were brought to the Magistrates' Court in Harare under armed guard. These individuals were Jestina Mukoko, Broderick Takawira, Violet Mupfuranhehwe, Fidelis Chiramba, Collen Mutemagau, Concillia Chinanzvavana, Emmanuel Chinanzvavana, and Pieta Kaseke. Also present was the two-year old minor, Nigel Mutemagau, who has been missing all along as he was with his parents (Violet Mupfuranhehwe and Collen Mutemagau), when they were unlawfully abducted on 30 October 2008.

Investigating Officer Chief Superintendent Magwenzi (who was present throughout the day at the Magistrates' Court) refused to disclose to lawyers the whereabouts and condition of the remainder of the abductees, despite having advised lawyers the previous day that he was responsible as the Investigating Officer for all the abductees currently in custody.

Senior officials from the Attorney-General's office, Florence Ziyambi and Tawanda Zvekare, refused to provide lawyers with the charges and relevant information from the dockets relating to these 8 individuals until the matter commenced in court in the afternoon.

In the meantime, at least one (1) further abductee, Zacharia Nkomo, was in custody under the responsibility of Chief Superintendent Makedenge at Harare Central police station, Homicide section, where he had a warned and cautioned statement recorded in the absence of his lawyers, and was not brought to court.

The proceedings in the Magistrates' Court, where Ziyambi and Zvekare were attempting to have the 8 abductees placed on remand, were suspended by Regional Magistrate, Mishrod Guvamombe, as an Urgent Application had been filed in the morning in the High Court and was due to be heard at 16:00hrs on the same day. Mr. Guvamombe advised on record that he would abide by the outcome of the High Court hearing and would not deal with anything apart from matters (if any) not subsequently dealt with by the High Court. The 8 abductees and the minor child were removed from the Magistrates' Court and taken to Harare Remand Prison (although they were not formally placed on remand at that time and are still considered to be abductees by their legal practitioners).

In the High Court, the Urgent Application (reference Jestina Mukoko & 31 Others v Commissioner-General of Police and Chief Superintendent Magwenzi HC 7166/2008) was heard by the Honorable Mr. Justice Yunus Omerjee. The Respondents were represented by legal adviser Chief Superintendent Nzombe and Deputy Attorney General, Prince Machaya. All Applicants were represented by Mrs. Beatrice Mtetwa, on behalf of Zimbabwe Lawyers for Human Rights (ZLHR).

Chief Superintendent Magwenzi, who twice attempted to avoid service of legal process at the Magistrates' Court in the presence of his colleagues from the Law and Order section and a number of lawyers, did not appear before the Court to explain his actions and those of his colleagues in whose custody all the abductees currently found themselves.

Mr. Justice Omerjee granted a Final Order which essentially provided as follows:-

• The detention of Violet Mupfuranhehwe, Fidelis Chiramba, Collen Mutemagau, Concillia Chinanzvavana, Emmanuel Chinanzvavana and Pieta Kaseke (all of whom had earlier appeared in the Magistrates' Court where the state representatives had attempted to place them on remand) was unlawful, as previously held in court proceedings before Mr. Justice Hungwe (ref: HC 6420/08). Police were acting in contempt of Hungwe J's Order, and they should release all these individuals forthwith.
• The minor child, Nigel Mutemagau, was also to be immediately released.
• Fanwell Tembo, Larry Gaka, Terry Musona, Agrippa Kakonda, and Lloyd Tarumbwa, who were also covered by Hungwe J's earlier Order, should also be released forthwith.
• Jestina Mukoko and Broderick Takawira were to be released forthwith to Avenues Clinic under police guard, where they should be accorded full access to their legal practitioners and relatives, and where they should remain until 29 December 2008, when they should be taken directly to the Magistrates' Court (where their placement on remand is to be challenged by their legal representatives).
• Gandi Mudzingwa, Andrison Shadreck Manyere, Zacharia Nkomo, Mapfumo Garutsa, Chinoto Zulu, Regis Mujeyi and Chris Dhlamini, who it transpired were being held on the strength of Warrants of Further Detention, were also to be released forthwith to Avenues Clinic under police guard where they should be accorded full access to their legal practitioners and relatives, and where they should remain until 29 December 2008, when they should be taken directly to the Magistrates' Court (again, where their placement on remand is to be challenged by their legal representatives).
• The continued detention of the remainder of the abductees, namely Pascal Gonzo, Gwenzi Kahiya, Lovemore Machokota, Charles Muza, Tawanda Bvumo, Ephraim Mabeka, Edmore Vangirayi, Peter Munyanyi, Bothwell Pasipamire, Graham Matehwa and Mr. Makwezadzimba, was declared unlawful, and they should be released forthwith.

The fact that Warrants of Further Detention were issued in respect of 7 abductees was only brought to the attention of their legal representatives once the proceedings in the High Court were underway. The Warrants were signed by Magistrate Cathrine Chimanda, which is extremely disturbing, as many of the abductees to whom they relate are subjects of court orders for investigation into their disappearance and their production before the High Court upon being located.

Mr. Justice Omerjee's Order was served upon Mr. Machaya of the Attorney-General's office and Chief Superintendent Nzombe of Police General Headquarters, both of whom were also present when the Order was granted and who were strongly encouraged by the judge to ensure that the Order would be respected and implemented in full at the earliest opportunity possible. The Order was also made known to Mrs. Ziyambi and Mr. Zvekare, both of whom attended at the High Court to consult with Mr. Machaya and were advised of the outcome of the proceedings. Mr. Nzombe later confirmed that the contents of the Order had been advised to Chief Superintendent Magwenzi. As a result of this Order, the warrants of detention signed by Magistrate Mishrod Guvamombe should also have been cancelled at the earliest opportunity and those in Remand prison liberated.

Despite the undertakings made by the Respondents' representatives and clear knowledge of the court order, as has become the unfortunate norm, no attempts were made to comply with the Order. In a disturbing development, when lawyers attempted to follow up action on 25 December 2008, they were advised that the abductees who were being held at Harare Remand Prison had been removed from the prison to an undisclosed location in a red minibus by unknown individuals, under escort of riot police. What is further disturbing is the fact that this minibus bears a South African licence plate number. Lawyers are continuing with attempts to locate all the abductees and to investigate why a South African licensed vehicle is being used in connection with enforced disappearances which are contrary to international law and which South Africa have outlawed.

ZLHR sees this removal of abductees from prisons and police stations as a clear attempt to subvert a High Court Order and to ensure that the abductees are unable to receive medical treatment and have access to their lawyers and relatives before they are brought to the Magistrates' Court on 29 December 2008.

On Christmas Day, when most people are celebrating a religious holiday at home with their families and friends, individuals with absolute contempt for the role and authority of the courts of Zimbabwe are continuing with their criminal behaviour and subverting justice.

Legal advisers to the police, members of the Attorney-General's office, and judicial officers who have been named in this release must understand their role in, and constitutional responsibility for, ensuring that state functionaries respect court orders and adhere to their instructions. If they do not perform their functions diligently then they are equally responsible and must be held accountable for contempt of court together with such functionaries. It is high time that state counsel and judicial officers assert their authority as representatives of supposedly independent state institutions and ensure that all people are protected against the might of the state.

These abductees are human beings. They have been subjected to the most cruel and inhuman treatment, and have had, and continue to have, all their fundamental rights and freedoms violated. It is unclear how our society will continue to function in this disturbingly insecure era where no person's dignity and rights are respected and in which state institutions have been stripped of all their authority in order to give effect to the whims of an all-powerful executive arm of government.

Updated list of confirmed detentions (Last known locations)

Jestina Mukoko - Harare Remand prison
Concilia Chinhanzvana - Harare Remand prison
Emmanuel Chinhanzvana - Harare Remand prison
Pieta Kaseks - Harare Remand prison
Ghandi Mudzingwa - Highlands police station
Zacharia Nkomo - Stodart police station
Mapfumo Garutsa - Mbare police station
Regis Mujeyi - Matapi police station
Pascal Gonzo - Rhodesville police station
Broderick Takawira - Braeside police station
Nigel Mutemagawu (2 Year Old minor)- Harare Remand prison
Tawanda Bvumo - Rhodesville police station
Violet Mupfuranhehwe - Harare Remand prison
Mr. Makwezadzima - Braeside police station
Andrison Shadreck Manyere - Rhodesville police station
Chinoto Zulu - Braeside police station
Chris Dhlamini - Hatfield police station

Whereabouts still unconfirmed

Agrippa Kakonda
Gwenzi Kahiya
Lovemore Machokota
Charles Muza
Ephraim Mabeka
Edmore Vangirayi
Peter Munyanyi
Bothwell Pasipamire
Graham Matehwa
Mr. Makwezadzimba

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