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Judgment reserved in journalist's abduction case
September 20, 2011
Chief Justice Godfrey Chidyausiku on 15 September 2011 reserved
judgment in a case in which freelance photojournalist Andrisson
Manyere and six others are seeking a declarator to confirm that
their abduction and torture was an infringement of their rights.
who are facing charges of terrorism are also applying for a permanent
stay of prosecution.
chief law officer in the Attorney General's Office, said the application
should be dismissed arguing that the High Court erred in referring
the matter to the Supreme Court. Mutangadura told the court that
the High Court was already seized with a matter arising from the
same cause of action, hence there was need to have the matter decided
upon by the High Court first.
Bhatasara who appeared for the abductees together with Alec Muchadehama,
opposed the state's application. After hearing submissions from
both parties the Supreme Court sitting as a Constitutional Court
reserved judgment on the matter.
Manyere is being
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 is being
charged with six other alleged Movement for Democratic Change activists
Kisimusi Dhlamini, Gandhi Mudzingwa, Mapfumo Garutsa, Chinoto Zulu,
Zacharia Nkomo and Regis Mujeyi.
went missing after he had taken his vehicle to a garage in Norton
about 40km west of Harare on 13 December 2008 until his appearance
in court on 24 December 2008.
the MISA-Zimbabwe fact
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