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Judge President postpones abductees' civil claim hearing
Zimbabwe Lawyers for Human Rights (ZLHR)
August 30, 2010

Judge President Justice George Chiweshe on Monday 30, August 2010 postponed the trial of four government ministers and several top state security agents who are being sued for damages exceeding $2 million by two Norton residents Mapfumo Garutsa and Regis Mujeyi.

Justice Chiweshe postponed the matter to 13 September, 2010 after he turned down an application filed by the ministers' lawyer Tamuka Moyo of Mutamangira and Associates who sought to postpone the matter sine die (indefinitely).

The four ministers are former State Security Minister Didymus Mutasa, Justice and Legal Affairs Minister Patrick Chinamasa, co-Home Affairs Minister Kembo Mohadi and former co-Home Affairs Minister Giles Mutsekwa. Happyton Bonyongwe, the director-general of the Central Intelligence Organisation (CIO), Police Commissioner-General Augustine Chihuri and Paradzai Zimondi, the Commissioner of Prisons are being sued together with seven top police officers who include Chief Superintendent Peter Magwenzi, Chief Superintendent Chrispen Makedenge, Senior Assistant Commissioner Nyathi, Asher Walter Tapfumaneyi, Superintendent Joel Shasha Tenderere, Superintendent Regis Takaitei and Detective Chief Inspector Mpofu.

In his application Moyo wanted the ministers and the state security chiefs to stand trial at the same time when the High Court would have set up the trial dates for the other claims in which some victims of enforced disappearance and torture are also suing the same ministers and state security agents.

Moyo argued that the court cases would inconvenience the ministers as they must also attend cabinet meetings hence consolidating the matters into a cluster with that of other abductees would save on the court's and legal practitioners' time.

But Charles Kwaramba, one of the lawyers who is representing Garutsa and Mujeyi objected to the indefinite postponement. Kwaramba argued that the circumstances and treatment that the abductees were subjected to were different and hence doesn't warrant to cluster the matters for trial but to be considered on an individual basis.

Justice Chiweshe concurred with Kwaramba and dismissed Moyo's application for an indefinite postponement. The Judge President ordered the ministers and the police chiefs to pay the wasted costs for the postponement.

Garutsa and Mujeyi are demanding $1.2 million each in damages which they suffered after they were abducted by state security agents and charged with committing acts of terrorism and banditry. $500 000 is for unlawful abduction, enforced disappearance, unlawful detention incommunicado, unlawful arrest, and unlawful deprivation of liberty. $100 000 is for damages suffered as a result of assault while $300 000 is compensation for torture, pain, shock, suffering and psychological trauma, contumelia and loss of amenities of life. $300 000for malicious prosecution which is continuing.

The abductees, who were accused of receiving training in Botswana and bombing police stations, were kept incommunicado for 22 days from 30 November 2008 until 22 December 2008 when they were brought to a police station.

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