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Abductees update
Zimbabwe Lawyers for Human Rights (ZLHR)
March 03, 2009

On Friday 27 February 2009 at around 15: 00 PM Kisimusi Dhlamini is taken to Avenues Clinic for examination by a doctor of his own choice, he has been suffering from a ruptured eardrum since the time he was tortured during the enforced disappearance. The recommendation prescribed by the doctor for his admission at Avenues Clinic and to receive specialist treatment is respected by the prison officers.

At 14: 15 PM, defence lawyers receive telephone calls from Rodrick Tokwe, the Chief Law Officer in the Attorney General (AG)'s Office indicating the State's willingness to grant bail to eight of the accused persons in the matter between Concillia Chinazvavana&Others vs. the State. Lawyers Beatrice Mtetwa, Roselyn Hanzi, Alec Muchadehama, Andrew Makoni and Otto Saki attend the meeting at 1600hrs.

At around 17:15 PM on Friday 27 February 2009 bail application proceedings in the matter between Concillia Chinazvavana & Others vs. the State commence before Harare Magistrate Mishrod Guvamombe in chambers.
Magistrate Guvamombe grants bail to the eight accused persons namely Concillia Chinanzvavana, Emmanuel Chinanzvavana, Broderick Takawira, Violet Mupfuranhewe, Fidelis Chiramba, Collen Mutemagau, Pieta Kaseke and Audrey Zimbudzana and sets out stringent bail conditions including depositing US$600 with the Clerk of the Magistrate Court, surrendering all travel documents and depositing US$20 000 or title deeds as security for surety and to report Monday and Friday, between 6AM and 6PM at the nearest police stations mainly Banket, Chinhoyi and Marimba depending on their addresses of residence.

On Saturday 28 February 2009 only two accused persons namely Broderick Takawira and Fidelis Chiramba out of the eight accused persons manage to satisfy the tough bail conditions and get released from detention.

On Monday 02 March 2009 defence lawyer Harrison Nkomo makes a bail application for Jestina Mukoko before Magistrate Guvamombe. Magistrate Guvamombe grants bail to Mukoko and sets out the same bail conditions as those set out for the eight accused persons who were granted bail on Friday 27 February 2009. By late Monday Mukoko satisfies all her bail conditions and just remains in hospital pending advice on her discharge by her doctor.

On Tuesday 03 March 2009 six of the accused persons namely Concillia Chinanzvavana, Emmanuel Chinanzvavana, Violet Mupfuranhewe, Collen Mutemagau, Pieta Kaseke and Audrey Zimbudzana who were granted bail on Friday 27 February 2009 by Magistrate Guvamombe were still in custody as the state is still to establish whether they held passports or not. Defence lawyers are told that verification of whether they hold passports or not will be carried on Tuesday 03 March 2009 at the Registrar General (RG)'s Office.

The six detainees still need to raise US$20 000 or to surrender title deeds to surrender to the courts as surety. On Monday lawyers failed to meet the Director of Public Prosecutions in the Attorney General's Office Florence Ziyambi to seek a review of the amount of surety which the State is demanding before the release of the detainees.
Detainees will have to deposit US$20 000 or put up the deeds to property worth US$20 000, part of the terms of their release. Defence lawyers are still to meet officials at the AG's Office to ask for the scrapping of a bail condition requiring the accused persons to pay US$20 000 or surrender title deeds to property worth US$20 000 as surety, which the State is demanding before the release of the detainees.

On Monday 02 March 2009 four other detainees namely Mapfumo Garutsa, Regis Mujeyi, Chinoto Zulu and Zacharia Nkomo are released following a bail order by High Court Justice Yunus Omerjee. Their release came after defence lawyers wrote a letter on Friday 27 February 2009 to Justice Omerjee who granted them bail on 19 February 2009 but suspended bail after the State invoked section 121 of the Criminal Procedure and Evidence Act (CPEA). The lawyers in their letter alerted the Judge that the State had not sought leave to appeal against the granting of bail to the four accused persons in the Supreme Court. On Friday 27 February 2009 Justice Omerjee then informed the defence lawyers that his order of 19 February 2009 granting bail to the four stands.

In his bail order of 19 February 2009 Justice Omerjee ordered the four accused persons to deposit Z$1 000 (revalued) with the Clerk of the Harare Magistrates' Court and to report twice daily between 6:00 AM to 13:00 PM and between 14:30 PM to 18:00 PM at police stations located near their given residential addresses. He also ordered some of the detainees to surrender their travel documents, not to apply for a passport or a travel document until their case is finalized and not interfere with State witnesses. Justice Omerjee also ordered the detainees not to leave their given residential addresses except for purposes of court appearances or with the leave of the Court.
Three other accused persons namely Kisimusi Dhlamini, Gandhi Mudzingwa and Andrison Manyere who were denied bail by Justice Omerjee are still in custody. Three other accused persons namely Pascal Gonzo, Tawanda Bvumo and Nigel Mutemagau, the two year old minor had already been released some time ago.

Three other persons, who are being detained under Police Protective Custody as state witness and who were abducted in October 2008 namely Fannie Tembo, Lloyd Tarumbwa and Terry Musona are still held in detention.

On Tuesday 03 March 2009 police summon lawyer Chris Mhike representing Fannie Tembo, Lloyd Tarumbwa and Terry Musona to the Police General Headquarters (PGHQ). He is in the company of Fanny Tembo's oldest son, Innocent Tembo. Fanny Tembo manages to speak with his son for the first time since he was abducted in October 2008.

Defence lawyers negotiate with Florence Ziyambi to have the bail conditions for Concillia Chinanzvavana, Emmanuel Chinanzvavana, Violet Mupfuranhewe, Collen Mutemagau, Pieta Kaseke and Audrey Zimbudzana relaxed, and exclude the requirement of security in the form of title deeds to the value of US$20 000. The state agrees to increase the bail amount from US$600 to US$1500. Magistrate Guvamombe, refuses to increase the bail amount but scraps the security requirement.

At around 14: 30 PM the application for leave to appeal against bail granted to Roy Bennett on 24 February 2009 by Justice Karwi is heard in chambers before Justice Karwi. The application for leave to appeal is dismissed as it has no merit.

On Wednesday 04 March 2009 High Court Judge Justice Ben Hlatshwayo will hear an urgent chamber application filed last Thursday by Chris Mhike seeking the release of Musona, Tembo and Tarumbwa.

On 04 March 2009 all the detainees who have so far been granted bail will appear in the Magistrates Court for remand hearing.

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