Back to Index

Assault on the rule of law and drama at court as police defy court order to release Minister Timba
Zimbabwe Lawyers for Human Rights (ZLHR)
June 26, 2011

Zimbabwe's defiant police on Sunday 26 June 2011 flouted a High Court order directing them to immediately release Hon. Jameson Timba, the Minister of State in the Prime Minister's Office and the Movement for Democratic Change (MDC) secretary for International Relations and Cooperation.

High Court Judge, Justice Joseph Musakwa on Sunday 26 June 2011 ordered the police to immediately release Hon. Timba after ruling that his arrest and detention was unlawful. Justice Musakwa said there were no justifiable grounds for arresting and detaining Minister Timba.

But three defiant policemen led by Detective Sergeant Bamu and Detective Assistant Inspector Ben Justein clashed with Hon. Timba and his lawyers as they attempted to take the MDC official to Harare Central Police Station where they claimed they wanted to complete some discharge procedures such as booking him out of detention.

Minister Timba and his lawyers resisted the move by the police as it was in defiance of a court order and camped inside the High Court for close to one hour arguing with the police who sought some reinforcement until they agreed to accompany the police to Harare Central Police Station.

The lawyers feared that the police's request to complete discharge formalities was a ploy to formally arrest and detain him. At Harare Central Police Station, the police recorded a warned and cautioned statement from Minister Timba before releasing him.

Hon. Timba was abducted by the police on Friday 24 June 2011 for allegedly undermining authority of or insulting President Robert Mugabe. Police allege that he undermined Mugabe's authority when he told diplomats in Harare and journalists that President Mugabe had lied on the outcome of the Southern Africa Development Community (SADC) summit held in Sandton a fortnight ago.

Minister Timba's abduction came some few days after ZANU PF politburo member, Jonathan Moyo, demanded that the MDC together with MDC leader and Prime Minister Morgan Tsvangirai, be arrested for allegedly undermining the authority of Mugabe after they challenged Mugabe and ZANU PF's account of the SADC Sandton summit's outcome.

Justice Musakwa's ruling came after his lawyers Advocate Thabani Mpofu and Selby Hwacha filed an urgent court application on Saturday 25 June 2011seeking an order compelling the police to give the lawyers access to their client and to bring Minister Timba to court on Sunday 26 June 2011 so that the police could explain the reasons for abducting him.

Minister Timba was detained at three various police stations since his abduction on Friday 24 June 2011, namely Harare Central Police Station, transferred to Matapi Police Station in the high density suburb of Mbare and moved to St Mary's Police Station in the dormitory town of Chitungwiza, about 25 kilometres outside Harare before he was brought to court on Sunday 26 June 2011.

Visit the ZLHR fact sheet

Please credit www.kubatana.net if you make use of material from this website. This work is licensed under a Creative Commons License unless stated otherwise.

TOP