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Political detainees committed to prison pending trial
Zimbabwe Lawyers for Human Rights (ZLHR)
May 05, 2009

On 4 May 2009 the Attorney General proceeded to indict Jestina Mukoko and 14 others (full details appear below) for trial. The indictments were served on the political detainees when they appeared in the Magistrates' Court on routine remand. Lawyers for the detainees had argued that the Attorney General could not proceed to indict Mukoko, Broderick Takawira and Audrey Zimbudzana as they had pending cases in superior courts. Magistrate Cathrine Chimwanda nevertheless ruled that, despite these pending cases, the indictment process could proceed.

The state, led by Law Officer Michael Mugabe, then requested the court to have all the accused persons committed to prison in terms of section 66 of the Criminal Procedure and Evidence Act.

Defence lawyers argued that the Magistrates' Court did not have the capacity to revoke bail, as bail in relation to the political detainees was granted as a result of negotiations by the Joint Monitoring and Implementation Committee (JOMIC) and a settlement reached by the three political parties and communicated to the lawyers through the office of the Attorney General. Mr. Tokwe of the AG's office had indicated to defence lawyers that bail was supposed to run right up to the trial of the detainees. Due to the peculiar circumstances surrounding the admission of the political detainees on bail, Magistrate Chimwanda agreed that she should hear evidence relating to this agreement and court was adjourned to Tuesday 5 May 2009 to allow lawyers to call Mr. Tokwe and two members of JOMIC to testify in this regard.

On 5 May 2009, Magistrate Chimwanda stopped this process in its tracks, and ruled that she did not have the jurisdiction to consider the issue of bail continuing in spite of the indictment. She stated that jurisdiction lay with the High Court. She refused outright to consider the remainder of the evidence, and gave no further reasons for changing her ruling of 4 May 2009 (that evidence would continue to be led the following day in order for a decision to be made in relation to bail for the political detainees). She went on to refuse to entertain further submissions on behalf of the detainees and committed all the detainees back into prison.

Zimbabwe Lawyers for Human Rights (ZLHR) remains totally astonished and bemused at this latest turn of events. The fact that the AG's office is pursuing the revocation of bail despite the agreement which had been reached, smacks of bad faith. The magistrate should have considered all the evidence placed before the court in relation to this agreement on bail before rendering a decision - the process which had commenced on 4 May 2009.

For the magistrate overnight to make a decision to refuse to hear further evidence effectively stifled the defence, on behalf of the political detainees, from being heard. This is a disturbing violation of the fundamental right of an accused person to be heard. Further, the right to liberty is a fundamental right which is protected in the Constitution of Zimbabwe. Arbitrary deprivation of such right should not occur. All the political detainees have been complying with their stringent and onerous bail conditions and not one has defaulted since bail was granted. It is our considered view that this could and should have been taken into account by the court along with the political agreement which had been reached.

ZLHR, from the onset of court proceedings in late December 2008 has maintained that, where the institutions which deliver justice are fair, independent and impartial, and dispense their mandate without fear or favour, charges based on evidence which has been extracted as a result of abduction/enforced disappearance, and torture - both of which are prohibited in terms of international law - would never be admitted. The political detainees would not be before such courts, and any attempt to suggest that "the law should be allowed to take its course" would be misplaced. Abductors and torturers would not remain at large. They would have been questioned and held to account where their identities were known. This is not the case for these 15 individuals, who we maintain remain wrongly before the courts, who have been and continue to be let down by protective institutions in Zimbabwe, and who continue to remain pawns in political games.

It is now clear that the justice delivery system has completely failed to protect the basic rights of these political detainees, and no matter how many legal processes are initiated and pursued, unless these processes are considered by professional and independent institutions, complimented by political will and respect for the rule of law, these individuals and others will continue to remain unprotected and exposed to such types of miscarriages of justice and abuse of the judicial process.

Affected Individuals

1. Jestina Mukoko
2. Broderick Takawira
3. Audrey Zimbudzana
4. Regis Mujeyi
5. Mapfumo Garutsa
6. Chinoto Mukwezaramba Zulu
7. Zacharia Nkomo
8. Gandi Mudzingwa
9. Kisimusi Chris Dlamini
10. Andrison Manyere
11. Concilia Chinanzvavana
12. Manuel Chinanzvavana
13. Violet Mupfuranhewe
14. Collen Mutemagau
15. Fidelis Chiramba

Visit the ZLHR fact sheet

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