MDC activists’ case referred to Supreme Court
June 22nd, 2009
High Court Judge, Justice Tendai Uchena, today granted an application by four MDC activists to have their case referred to the Supreme Court where they will contest that their constitutional rights were violated when they were abducted by State security agents last year.
Concillia Chinanzvavana, the MDC Mashonaland West province Women Assembly chairperson, 72-year old Fidelis Chiramba, Zvimba South district chairperson, Violet Mupfuranhewe, district Women’s Assembly secretary and Collen Mutemagawu, district youth chairperson are facing trumped-up charges of banditry.
The trial of the four started on 6 June 2009 but the MDC lawyers filed a petition to refer the case to the Constitutional Court because the rights of the accused had been violated. The lawyers argued that before the accused’s trial proceeds, the Supreme Court must deal with their abduction and subsequent torture.
The lawyers also wanted the Constitutional Court to determine whether or not the abductees’ abduction constituted lawful deprivation of liberty.
The MDC applauds today’s ruling as this will give the abductees an opportunity to give testimony on how they were abducted and mistreated at the hands of the then Zanu PF regime before their trial resumes at the High Court.
The Supreme Court case will expose those residual elements in Zanu PF and in the inclusive government who are working everyday to undermine the rule of law by continuing to abduct and torture innocent people.
The four activists are among 40 MDC and civil society activists, including two year-old Nigel Mutemagau, who were abducted by State security agents on trumped-up charges of banditry last year.
Meanwhile, Harare Magistrate, Jackie Munyonga, today again postponed to tomorrow the ruling over the case of MDC director-general, Toendepi Shonhe, who is facing trumped up charge of perjury.
He was granted a US$500.00 bail with stringent reporting conditions by Magistrate Munyonga last Thursday but the State invoked the draconian Section 121 sub section 3 of the Criminal Procedure and Evidence Act, which suspends bail.
The MDC is dismayed by the continued illegal incarceration of its Director-General and calls for his immediate release.
Via MDC mailing list
