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Supreme Court ruling on Jestina Mukoko welcome but long overdue
Movement for Democratic Change (MDC)
September 29, 2009

While all right thinking Zimbabweans are rejoicing that at long last, Jestina Mukoko has finally been freed from her ordeal by the Supreme Court ruling handed down yesterday which has ordered a permanent stay of prosecution against her there is still a sour taste in the mouth in that she went through needless persecution and this relief has been delayed for too long. Justice delayed is justice denied and the anguish and suffering that Ms Mukoko has had to endure waiting for this determination could have been easily avoided if our judiciary had its finger on the pulse from the outset and if we had a competent, professional and impartial Attorney-General's Office.

The decision that the court arrived at was the only possible outcome and to that extent it is not necessarily indicative of a paradigm shift on the part of the judiciary, which has been found wanting time and again in the past. In this instance, the violation of Ms Mukoko's rights was so gross and reprehensible that it is inconceivable that any court could have come to a different conclusion.

What we find worrisome is that the judiciary could have intervened earlier particularly at the stage when she went through her initial appearance in court and we find it puzzling that judicial officers failed to afford her the protection of the law when it was obvious that the law enforcement agents had not only lied to the courts in denying knowledge of her whereabouts but had gone further to inflict grievous bodily harm and psychological torture on her before finally owing up that they had her in their custody.

What is of greater concern is the cavalier attitude employed by the Attorney-General and his officers who time and again opposed applications made by the defence team. It is a pity that the Attorney-General went to the extent of branding her a criminal in circumstances where it was obvious that this could not be so.

Others like Chris Dhlamini, Ghandi Mudzingwa, Concilia Chinanzvavana and Fidelis Chiramba still have cases pending before the Supreme Court and we hope that justice will prevail. It would be too much to hope that the Attorney-General would see the light and be able to deal with the matter by simply withdrawing the spurious charges that have been brought against them by people who abducted and tortured them when it is their duty to uphold the rule of law and not to violate it.

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