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Abductees Daily Update - 09/01/16
Zimbabwe Lawyers for Human Rights (ZLHR)
January 16, 2009

Bail applications for Kisimusi (Chris) Dhlamini, Gandi Mudzingwa, Chinoto Zulu, Andrison Manyere and Zacharia Nkomo (ref: HCB 30-4/09), and Regis Mujeyi and Mapfumo Garutsa (ref: HCB 35-6/09), are argued at the High Court before Justice Tedius Karwi in Court 'O'. Bail is denied on the basis that the likelihood of the accused persons committing other offences is high, and that they were facing serious charges and they are likely to interfere with witnesses. However, in his ruling Justice Karwi orders that the detainees be afforded the medical treatment they require at fully-equipped medical institutions such as the Avenues Clinic, and that the state be barred from interfering with such treatment. This is now the third order granting the abductees medical treatment (following those of Omerjee J and Magistrate Mishrod Guvamombe) and yet not one of the orders has yet been implemented.

The Appeal filed by the Attorney-General in the cases relating to the release of Tawanda Bvumo and ZPP driver, Pascal Gonzo, is not heard as the Attorney-General's law officers did not file their heads of argument on time. The matter is postponed to Wednesday 21 January 2009 at the High Court.

Harare Magistrate Archie Wochiunga hands down his ruling in Jestina Mukoko's application for referral of certain constitutional issues to the Constitutional Court. He finds that the application is not frivolous or vexatious, and is a proper case for consideration by the superior court. Defence lawyers are waiting for the relevant paperwork from the Magistrates Court to enable them to proceed.

The Urgent Application for the production of the missing abductees (ref: Lloyd Tarumbwa and Others v The Minister of State Security, Lands, Land Reform and Resettlement in the President's Office and Others HC 23/09) resumes at 14:30hrs. State security agents and police bring Lloyd Tarumbwa, Terry Musona and Fanny Tembo before Chitakunye J and he, as well as their lawyers and state lawyers are allowed to question them under very strict and limited conditions. They advise that they have been told to say that they are in police protective custody. Their lawyers are not allowed to consult with them in private. Chitakunye J advises that the state is still obliged to comply with existing orders in relation to all the Applicants.

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