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Abductees Daily Update - 13/01/09
Zimbabwe Lawyers for Human Rights (ZLHR)
January 13, 2009

Chief Justice, Godfrey Chidyausiku, hears arguments in his Chambers on whether the constitutional challenge relating to violations of Jestina Mukoko's fundamental rights should be heard urgently. The Attorney-General's office, represented by Deputy Attorney General, Prince Machaya, indicates that it is ready to proceed with arguments relating to the main constitutional challenge on an urgent basis. Nevertheless, the Chief Justice rules that Mukoko is barred from accessing the Constitutional Court directly, because she has appeared in the Magistrates' Court and, as such, she should have made an application in that court to have the constitutional issues she raises referred to the highest court by the magistrate. Defence lawyers argue that Mukoko is not properly before the Magistrates' Court, as she is a victim of crime rather than an accused person, and therefore there is no method in which such an application could have been made in the lower court without accepting that Mukoko was properly before that court. The Chief Justice is not convinced by this argument and refuses to entertain the application.

Lawyers are advised that the Urgent Chamber Application in which they are seeking the production (by the Minister of State Security, the Commissioner-General of Police, the Commissioner of Prisons, the Attorney-General and their agents) of the remaining 12 missing abductees before the High Court, their immediate release, and the investigation and prosecution of their abductors is set down for hearing before High Court judge, Alphas Chitakunye, on Wednesday 14 January 2009 at 10:00hrs (ref: Lloyd Tarumbwa & 11 Others v Minister of State Security in the President's Office & 5 Others HC. 23/09). The missing abductees covered in this Application are: Lloyd Tarumbwa, Gwenzi Kahiya, Lovemore Machokoto, Charles Muza, Ephraim Mabeka, Edmore Vangirai, Peter Munyanyi, Bothwell Pasipamire, Graham Matehwa, Fanny Tembo, Larry Gaka and Terry Musona.

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