Back to Index

This article participates on the following special index pages:

Application for Manyere's arrest withheld, whilst Mukoko opposes indictment
MISA-Zimbabwe
April 30, 2009

The State today made an application for a warrant of arrest for photojournalist Anderson Manyere, whom they alleged was on the run. But Defence lawyer, Alec Muchadehama immediately denied the allegation producing a medical affidavit citing that Manyere was not on the run but had in fact been hospitalised after he fell seriously ill soon after his release on 17 April 2009.

Earlier, the State had on the day of Manyere's release made an application for leave to appeal against his bail before Judge Bhunu when the law is clear that it should have been heard by the same judge who granted bail, Justice Charles Hungwe, thereby making it an improper application.

Furthermore, Bhunu granted leave to appeal in clearly unlawful circumstances as the appeal was granted way after the stipulated seven days.

The Magistrate, Catherine Chimanda, deferred judgement to 4 May 2009 on the basis that she needed time to peruse over the arguments raised by the respective parties.

Meanwhile, Zimbabwe Peace Project director and former Zimbabwe Broadcasting Corporation (ZBC) news anchor, Jestina Mukoko on 30 April 2009 appeared before the same opposing State move to have her indicted along with two, Movement for Democratic Change (MDC) activists Gandhi Mudzingwa and Chris Dhlamini.

Mukoko's defence counsel consisting of Alec Muchadehama, Beatrice Mtetwa and Charles Kwaramba argued that the accused could not be indicted because they had not been formally charged and remanded.

They also argued that Mukoko could not be indicted or tried before the High Court since she had an application that had already been set down for hearing before the Constitutional Court on 14 May 2009.

Legally, indicting her before the constitutional application is heard is unlawful as it challenges the very basis of her intended prosecution. In the Constitutional Court application Mukoko, alleges that she was not afforded the full protection of the law as provided for under section 18(1) of the constitution hence citing an infringement on her constitutional rights. She further alleges that her arrest and detention were unlawful and equally unconstitutional. The State, on the other hand, contended that the application before the Constitutional Court did not bar the lower court from indicting the accused and proceeded to make its application to indict the accused persons.

Background

Mukoko was granted bail on 2 March 2009 bringing to an end her 92-day detention following her alleged abduction from her home in Norton on the outskirts of Harare on 3 December 2008. Her whereabouts were unknown until her subsequent appearance in court on 24 December 2008, along with photojournalist Andersen Manyere.

Manyere is charged under section 23 (1), (2) of the Criminal Law (Codification and Reform) Act which criminalises acts of insurgence, banditry, sabotage or terrorism or alternatively Section 143 of the same Act which relates to aggravating circumstances in relation to malicious damage to property. He was admitted to bail by justice Hungwe on 9 April 2009 and released on 17 April 2009, after spending almost 4 months at Chikurubi Maximum Prison.

Visit the MISA-Zimbabwe 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