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High Court orders detainees' release
The Herald
December 25, 2008

http://allafrica.com/stories/200812250001.html

The High Court yesterday ordered the immediate release of former ZBC newscaster Jestina Mukoko and 31 suspected MDC-T activists accused of recruiting people for military training in Botswana, declaring their detention illegal.

Justice Yunus Omerjee ruled that Mukoko, the director of the Zimbabwe Peace Project, and eight others were to be released to the Avenues Clinic under police guard until December 29 when they will appear at the magistrates' court for a ruling on their application for refusal of remand.

The other eight are Broderick Takawira, Gandhi Mudzingwa, Andrison Shadreck Manyere, Zacharia Nkomo, Mapfumo Garutse, Chinoto Zulu, Regis Mujeyi and Chris Dhlamini.

They were released on the strength of a previous High Court order declaring their detention illegal because they had been held for more than the stipulated 48 hours before being brought to court. Some had asserted that they had been held for 55 days without being brought to court.

While in hospital, they are to have access to their lawyers and blood relatives.

They were released to the private hospital, which was their choice, after they alleged they had been mistreated while in detention.

The ruling by Justice Omerjee came after a lengthy Chambers hearing which started around 4pm yesterday and only ended around 9pm.

Twelve others were to be released immediately, also on the basis of a previous High Court order — Violet Mupfuranhewe, Fidelis Chiramba, Collen Mutemagau, Concilia Chinanzvavana, Emmanuel Chinanzvavana, Fanwell Tembo, Larry Gaka, Pieta Kaseke, Terry Musoni, Agrippa Kakonda, Nigel Mutemagau and Lloyd Tarumbwa.

The Deputy Attorney-General Civil Division, Adv Prince Machaya, represented the State while Ms Beatrice Mtetwa of Mtetwa and Nyambirai represented all the defendants.

Justice Omerjee further ruled that the detention of 11 others, who have yet to be brought to court, was illegal as previously ruled, and that they should be released forthwith. These 11 are Pascal Gonzo, Gwenzi Kahiya, Lovemore Machokota, Charles Muza, Tawanda Bvumo, Ephraim Mabeka, Edmore Vangirai, Peter Munyanyi, Bothwell Pasipamire, Graham Matehwa and a Mr Makwedzadzimba.

Earlier in the day Mukoko, Mupfuranhewe, Concilia and Emanuel Chinanzvavana, Kaseke, Takawira, Chiramba and Matemagau appeared before Harare provincial magistrate Mr Mishrod Guvamombe, who remanded them to December 29 in custody pending the High Court ruling on an urgent chamber application made last night.

Although it was not clear what charges the other 23 were facing, Mukoko and eight others were being accused of recruiting people for military training in Botswana, charges which their defence denies.

It was alleged that in April this year Manuel recruited Ricardo Hwasheni, a police constable based at Waterfalls in Harare, to undergo military training in Botswana with a view to forcibly deposing the Government and replace it with one led by Morgan Tsvangirai.

Manuel allegedly tasked Hwasheni to recruit four other policemen, promising them US$2 000 each. Later, it is alleged, Manuel and Kaseke, who is Hwasheni's cousin, went to MDC-T's headquarters at Harvest House, where a man identified only as Josen interviewed Hwasheni.

After the interview, Josen allegedly told Hwasheni that he would hear from him within two weeks or that Mukoko would contact him.

It is the State's case that Hwasheni met Mukoko at her offices in Milton Park in Harare where she further interviewed him before handing him over to Takawira, who told him that he would be contacted within two weeks.

According to the State papers, a man who had been sent by Mukoko met Hwasheni at Girls' High School in Harare and gave him 200 pula and some Zimbabwean dollars for transport to Botswana where he was to meet a man known as Special.

Hwasheni allegedly crossed into Botswana in July through the Plumtree border post and met Special at Ramokgwebana Border Post.

Special took Hwasheni to a military camp in Botswana where he underwent training in the use of FN and AK rifles, military tactics as well as political lessons together with five other MDC-T recruits, it is alleged.

There were, according to the State, 50 other recruits undergoing military training in the same camp.

Hwasheni allegedly returned to Zimbabwe with specific instructions to study the mood of junior police officers in as far as loyalty was concerned and the mood of the public towards Government.

When he was arrested Hwasheni implicated Mukoko, Takawira, Manuel, Kaseke and Zimbudzana.

The other four — Concilia, Chiramba, Violet and Mutemagau — are being accused of recruiting people for training under the National Youth Symposium Training Programme in Botswana in July.

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