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Mukoko, Manyere re-detained
MISA-Zimbabwe
May 05, 2009

Former Zimbabwe Broadcasting Corporation news reader and director of the Zimbabwe Peace Project Jestina Mukoko was on 5 May 2009 re-detained after a Harare magistrate suspended her bail conditions together with that for freelance photojournalist Andersen Manyere.

Mukoko, Manyere and 14 other alleged 'saboteurs' had their bail conditions revoked by Magistrate Catherine Chimanda who ruled that the court had no jurisdiction to entertain the matter on defence submissions that the accused had been released following political intervention in terms of the Global Political Agreement.

Mukoko and Manyere had been granted bail on 2 March 2009 and 17 April 2009 respectively. Manyere is detained in hospital.

Prior to her ruling the magistrate had on 4 May 2009 agreed that the defence could actually call witnesses to substantiate the existence of the alleged political agreement. However, Chimanda denied the defence the chance to present its evidence pertaining to the alleged agreement and referred all submissions by both the state and the defence to the High Court.

The Magistrate further ruled that any application relating to the matter would have to be made before the High Court while also stressing the fact that the indictment of the accused persons by the state had suspended their bail. She remanded the accused in custody in terms of section 66(2) of the Criminal Evidence and Procedure Act. Any fresh bail considerations would have to be made before the High Court, she added.

Mukoko's lawyers had on 4 May 2009, applied to the Magistrate to subpoena Roderick Tokwe of the Attorney General's office along with two undisclosed members of the Joint Monitoring and Implementation Commission (JOMIC) to give evidence on the existence of a political arrangement that had resulted in the release of Mukoko on bail. The magistrate had also highlighted that the present bail conditions would remain in force until evidence of this agreement had been tendered.

However, her ruling on 5 May 2009 disregarded this prior arrangement.

Defence lawyers indicated that they would approach both the High and Supreme Courts to apply for bail for their clients.

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. Before her release Mukoko mounted numerous court applications in a bid to secure her freedom.

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