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Magistrate refers Mukoko to Constitutional Court
MISA-Zimbabwe
January 16, 2009

Harare Magistrate Archie Wochiunga on 16 January 2009 upheld application by the Zimbabwe Peace Project director, and veteran broadcaster, Jestina Mukoko to seek audience before the Supreme Court sitting as the Constitutional court.

Mukoko had alleged violation of her fundamental rights which entitled her to seek redress before the Constitutional court.

In his ruling, Wochiunga cited that Mukoko had been denied the right to personal liberty, protection against inhuman treatment and protection of the law. In her submissions, Mukoko stated that she had been denied the right to her lawyers and as well as contact with her family members.

He noted that the State had not denied all the allegations.

He also noted that Section 24(2) of the Constitution had been complied with therefore warranting the granting of the referral application from the magistrates court.

The section states that for a matter to be referred to the Constitutional court there must be a violation of one's fundamental rights, that the request should be made by one of the parties present in the proceedings of the Magistrate court, and that the question of referral must have arisen within the Magistrates' court.

In the opinion of the magistrate what therefore remained was whether the application was 'frivolous or vexatious' (of substance on the merits). The court also highlighted the fact that the state had not contested if the referral was either 'frivolous or vexatious'. In the court's view the application was neither 'frivolous nor vexatious'. Having made these findings the magistrate referred the matter to the Supreme Court.

The ruling however did not touch on the urgent need for Mukoko's access to medical attention.

However Mukoko's lawyer, Beatrice Mtetwa, said the fact that the applicant had not been afforded medical treatment was in contempt of Chief Justice Chidyausiku's directive in the Supreme Court.

Mukoko is set to appear at the Magistrates court on the 30th January, 2009 by then it is expected that the referral will have been heard before the Constitutional court.

Background
Mukoko had been missing since 3 December 2008 but eventually appeared before the Harare Magistrates Courts on 24 December 2008 ending growing speculation on her whereabouts and safety.

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