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High Court grants abductees application to Supreme Court
Zimbabwe Lawyers for Human Rights (ZLHR)
July 01, 2009

High Court Judge, Justice Charles Hungwe on Wednesday 01 July 2009 granted an application for referral to the Supreme Court of the matter involving six Movement for Democratic Change (MDC) members and freelance photo-journalist, who are seeking a determination on various of their constitutional rights, which were violated as a result of their abduction, torture and incommunicado detention.

Justice Hungwe, who was sitting with two assessors only identified as Mr Tutani and Ms Shava dismissed the State's contention that the abductees application for referral of their matter to the Supreme Court was frivolous and vexatious.

In his application prominent human rights lawyer Alec Muchadehama asked for a stay of prosecution on the basis that the seven abductees namely Kisimusi Dhlamini, Gandhi Mudzingwa, Regis Mujeyi, Zacharia Nkomo, Mapfumo Garutsa, Chinoto Zulu and freelance photo-journalist Andrison Manyere were actually victims of abduction, kidnapping and torture, which is outlawed under international law. The seven are accused of contravening Section 23 (1) (a) (i) (ii) of the Criminal Law (Cordification and Reform) Act, Chapter 9: 23 "Insurgency, Banditry, Sabotage or Terrorism," in that they carried out a series of bombings of police stations and railways in the country.

Muchadehama said he wants the Supreme Court, sitting as a Constitutional Court to determine whether or not their abduction/ kidnapping constituted unlawful deprivation of liberty, and whether their right to protection from torture, protection of the law, and their right to a fair trial had violated the Constitution of Zimbabwe.

Referral of the abductees matter to the Supreme Court effectively delays their trial, which was scheduled to begin Monday. The referral of the matter to the Supreme Court follows the referral of the matters to the Supreme Court involving other abductees namely Jestina Mukoko, Concillia Chinanzvavana, Fidelis Chiramba, Violet Mupfuranhewe and Collen Mutemagawu, who were abducted in similar fashion to Kisimusi Dhlamini and others.

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