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Abductees Daily Update
Zimbabwe Lawyers for Human Rights (ZLHR)
January 06, 2009

In the morning, the Magistrates' Court hears an application for refusal of remand in relation to Jestina Mukoko and 8 others, which the State opposes. Parties are told to return at 15:00hrs for the ruling.

At 09:00hrs, lawyers attempting to follow up the Urgent Chamber Application in the High Court (in relation to all abductees seeking their removal to Avenues Clinic for further medical examination and treatment, ref: HC 7169/08) are advised that the file is now with Justice Lavender Makoni who is still perusing the papers. Lawyers are told to return to court at around 17:00hrs to learn when the matter will be heard.

Back in the Magistrates' Court, Magistrate Olivia Mariga advises that she will postpone remand proceedings until such time as the matter in the High Court has been finalized. In the meantime, she advises that Mukoko and 8 others must remain in custody until their next appearance on 14 January 2009 as "their release is not in the interests of justice".

Florence Ziyambi, on behalf of the State, then attempts to have the matter of Dhlamini and others considered by the magistrate, despite the fact that they are not present in court, their lead lawyer (Alec Muchadehama) is likewise not present, and their matters having, the day before, been postponed to 7 January 2009. The magistrate adjourns the matter for state and defence lawyers to "sort [themselves] out" and defence lawyers present at the time leave court in protest on the basis of the arguments outlined above.

Lawyers are advised by way of a letter from Makoni J that there are issues that need to be addressed in relation to the papers before her in the High Court. Realizing that the High Court is raising what they believe to be invalid technical issues so as not to set the matter down for hearing, lawyers file a Notice of Withdrawal of the matter and decide that they will make an application for referral to Avenues Clinic for all persons currently in detention in the Magistrates' Court instead as the matter needs to be urgently addressed and the High Court is not acting with urgency to ensure their rights are protected and enforced.

Lawyers file a new Urgent Chamber Application in the High Court (ref: Lloyd Tarumbwa & 11 Others v Minister of State Security & 5 Others HC 23/09) in which they seek that Minister Didymus Mutasa and/or the others cited immediately produce before the court and thereafter release the final 12 abductees who have not yet been located, from the custody of state security agents and provide a report within 10 days of production of who was holding them, why, and what methods have been put in place to have the perpetrators of the abductions investigated and prosecuted.

A Constitutional Court challenge is also filed on behalf of Jestina Mukoko (ref: Jestina Mukoko v Commissioner-General of Police & 4 Others SC 293/09) seeking the bench to protect and enforce various of her fundamental rights which have been breached during the course of her abduction and detention and which rights should have been protected in terms of the Constitution of Zimbabwe. The application further seeks to have her released and not further prosecuted on the same charges pending a full investigation into her abduction and prosecution of all those involved.

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