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Shonhe released from prison as state concedes violation of Mukoko's constitutional rights
Zimbabwe Lawyers for Human Rights (ZLHR)
June 26, 2009

Fatima Maxwell, the Director of Civil Division in the Attorney General (AG)'s Office on Thursday 25 June 2009 conceded that several of Jestina Mukoko's constitutional rights were violated during the time of her abduction by state security agents from December 03 2008 to 22 December 2008.

Maxwell conceded before the full bench of the Supreme Court sitting as a Constitutional Court comprising of Chief Justice Godfrey Chidyausiku, Justice Luke Malaba, Justice Wilson Sandura, Justice Vernanda Ziyambi and Justice Paddington Garwe that the facts stated by Mukoko in her application constituted a violation of her constitutional rights.

Chief Justice Chidyausiku questioned Maxwell what difficulties the Attorney General (AG)'s Office faced in questioning the state security agents who abducted Mukoko.

Maxwell attempted to object to some "discrepancies" in Mukoko's affidavit stating that at one time she stated that she was ordered by her abductors to lie on the lap and to lie on the seat. She also attempted to object to the material which was sued to blind fold Mukoko to which Chief Justice Chidyausiku stated that the State should have contested the discrepancies, since it all the time to contest these facts.

In seeking a stay of prosecution lead counsel Advocate Jeremy Gauntlet who was instructed by Beatrice Mtetwa narrated Mukoko's ordeal and stated that the violations which the director of the Zimbabwe Peace Project (ZPP) suffered were serious and multiple. Advocate Gauntlet stated there is need to send a clear message to decent policemen and other agents so that they can try and act within the law.

Chief Justice Chidyausiku reserved judgment.

Meanwhile, High Court Judge Felistas Chatukuta on Friday 26 June 2009 dismissed the State's appeal against Harare Magistrate Jackie Munyonga's order granting bail to Movement for Democratic Change (MDC) Director-General Toendepi Shonhe.

Justice Chatukuta had no difficulties in dismissing the appeal and ruled that Magistrate Munyonga did not misdirect herself when she granted Shonhe bail.

Lawyers secured Shonhe's release from Harare Remand Prison at around 16:50 PM on Friday 26 June 2009.

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