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Mahlangu removed from remand
Zimbabwe Lawyers for Human Rights (ZLHR)
January 14, 2010

Harare Magistrate Archie Wochiunga on Thursday 14 January 2010 removed from remand prominent human rights and media lawyer Mordecai Mahlangu, who was facing charges of obstructing the course of justice.

Mahlangu was arrested last November after he wrote a letter, on Peter Michael Hitschmann's instructions, to Attorney General Johannes Tomana protesting against a subpoena directing Hitschmann, to testify in Deputy Agriculture Minister-Designate Roy Bennett's trial despite the fact that the statements on which the AG is relying upon were extracted from Hitschmann through torture, and were thrown out by the court in his own trial.

Mahlangu's lawyers Advocate Happias Zhou and Ray Moyo, who are all members of Zimbabwe Layers for Human Rights (ZLHR) had in December 2009 applied for refusal to place the human rights lawyer on remand on the basis that the facts submitted by the State did not disclose any reasonable grounds that the ZLHR member and senior partner at Gill, Godlonton and Gerrans Legal Practitioners committed an offence.

In his ruling Magistrate Wochiunga stated that the facts as alleged by the State did not constitute an offence.

Magistrate Wochiunga said it is clear from the wording of Mahlangu's letter to Tomana that the human rights lawyer had no intention to prejudice the ongoing trial of Bennett.

Magistrate Wochiunga said Mahlangu's letter to Tomana is a legal opinion written by one legal practitioner to another legal practitioner.

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