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Justice Kudya declares seizure of ZimRights pictures unlawful
Zimbabwe Lawyers for Human Rights (ZLHR)
March 24, 2010

Justice Kudya declares seizure of ZimRights pictures unlawful and orders police to return seized pictures

High Court Judge Justice Samuel Kudya on Wednesday 24 March 2010 ordered the police to return all 65 photographs which they seized from the Zimbabwe Human Rights Association (ZimRights) on Tuesday 23 March 2010 at Gallery Delta in central Harare.

Justice Kudya granted the order after presiding over an urgent chamber application filed by Zimbabwe Lawyers for Human Rights (ZLHR) lawyers Beatrice Mtetwa, Irene Petras and Tawanda Zhuwarara demanding the immediate return of the ZimRights photographs and that the police must not interfere with the private exhibition.

Justice Kudya ruled that the police acted unlawfully in seizing the pictures and should return them within an hour of granting his order.

Justice Kudya ruled that the two elements essential for the granting of a spoliation order had been met (in that the Applicant was in peaceful, lawful and undisturbed possession of the photographs; and the Respondents forcibly/wrongfully deprived the Applicant of possession without its consent).

Police Commissioner-General Augustine Chihuri, Officer Commanding Police Harare Central District Chief Superintendent G Gwangwava and the two Co-Home Affairs Ministers Giles Mutsekwa and Kembo Mohadi were cited as the Respondents in the application.

The Judge held that it was clear that the police seized the photographs without the consent of the possessors (ZimRights) and had no legal power to do so under any known law.

In addition, there was no court order, and so the Respondents had acted unlawfully.

The grounds provided by the Respondents for seizure (through their counsel, Law Officer Mr. Maphosa of the Attorney General's (AG)'s Office made no sense, were speculative and had clearly been raised in a bid to prevent the private exhibition from going ahead today.

Justice Kudya made the following order:

Terms of the interim relif granted

1. That the 2nd Respondent and all those acting through him or acting on his behalf, be and are hereby ordered to return to the Applicant at 90 Alveston Court (ZIMRIGHTS House) Corner 4th Street and Baines Avenue, within an hour of granting of this Order today on 24 March 2010, all 65 photographs taken from the Applicant.

2. That the Respondents be interdicted from prohibiting or in any way disrupting the launch of 'Reflections' and the continued exhibition of all 65 photographs at the Gallery Delta, Harare on 24 March 2010, 17 30 hours.

3. That this order shall stand notwithstanding the noting of any appeal.

Service of the provisional order

As the 2nd Respondent (Gwangava) is in attendance at the hearing in person, service is hereby dispensed with.

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