SW Radio Africa (London)
Lance Guma
28 September 2009
The Supreme Court on Monday quashed terror charges against prominent human rights activist Jestina Mukoko and 8 others, illegally abducted and tortured by the country's security forces last year. Chief Justice Godfrey Chidyausiku, flanked by Justice Luke Malaba and Justice Paddington Garwe, ruled that Mukoko and her co-accused could not be tried now, or in the future, because their constitutional rights had been violated.
Last year in December Mukoko was abducted from her Norton home in the early hours of the morning, wearing nothing but her night clothes. For weeks police claimed they did not have her in custody, only for the then State Security Minister, Didymus Mutasa, to admit in court papers that he had sanctioned the abductions as a matter of state security. When she finally appeared in court she was charged with helping to recruit people for purposes of military training in Botswana.
Our Harare correspondent Simon Muchemwa was at the court house and reports that Mukoko was in tears after the ruling was passed. She told journalists it was a 'happy day for me and my family.' The Zimbabwe Peace Project director said she would be going home to rest and thanked everyone who had supported her during her ordeal. Mukoko also vowed to continue her activism work.
Mukoko was freed on bail in May after almost 6 months in custody. Being a former ZBC TV presenter she became the most high profile abductee from the group. Other activists abducted during last year's raids included Tsvangirai's former aide Gandhi Mudzingwa, MDC director of security Chris Dhlamini, Broderick Takawira, Mapfumo Garutsa, Regis Mujeyi, Zacharia Nkomo, Chinoto Zulu and freelance journalist Andrew Manyere.
Charges against the group were dubious from the word go and even governments in the SADC region admitted there was no evidence to confirm the alleged banditry training in Botswana. Over 30 opposition and civil society activists were abducted from their homes or work places last year, before being held in secret locations for several weeks. The regime only produced the activists near Christmas time when the MDC-T put a deadline of 1 January 2009 for them to be freed or brought to court.
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A great day for freedom in Zimbabwe! Let's see how the Harald covers this, if they even mention it at all.
Now the way is cleared for Matusa and all the others to be sued for denial of constitutional rights and unlawful imprisonment. Lets see if Tomato can bring himself to enforce the law and arrest the bad seeds.
Just as foreseen by My Prophits. These were vile corrupt accusations against innocent people, My people. Let those who brought the unjust accusation foreward to be brought to trial and I the Lord Of Hosts will be sole Judge. I see true intentions in peoples hearts and nothing will get by me.
Strangly, for some reason, this didn't make the Herald..............
You would think, that after all the ink the Herald spilled spelling out the alleged transgressions of Mukoku, et al, that they would publish something stating the because the defendants constitutional rights were violated, that the charges against her could not go forward..........
But again, despite the fact that there WAS a GNU, and despite the fact that the Herald is an organ of the government of Zimbabwe, which is under a GNU............. the Herald has NOT reported this............
Icing on the cake for those that believe the Herald is nothing more than bird-cage material........... they "claim" to be the mouthpiece of the "government of Zimbabwe" yet continue to spew their overlords invective against anything that is not ZANU-Poof.......
I seem to recall that the GNU called for such villianization to cease....... I seem to recall that the "press" would be "opened" under the GNU. I seem to recall that the GNU would offer a free and fair opening to the press......
All these instances are evidence that ZANU-Poof merely wanted to avoid the pressure and censure of their fellow liberation-era comrades when they signed the GNU without any intention to fulfill their obligations...........
Straight out of the playbook, when forces are stacked against you, stall, sign anything to buy you time to strengthen your hand...........
But the rest of the world sees ZANU-Poof/Mugabe's stalling for what it is. There can be no relaxation of the sanctions against the 200 or so ZANU-Poofs currently in force. Their bank accounts are frozen, they cannot do business with Europe of the U.S. (despite Mrs. Mujuru's efforts).
Strange though that the courts were strong enough to say to ZANU-Poof that a Zimbabwean's constitutional rights cannot be abridged. I would expect MP Bennett's defense to take a similar argument - the charges against him cannot be held indefinitely, they cannot be changed at the whim of ZANU-Poof when it appears the odds are stacked against them, I expect MP Bennett to be exonerated along the same lines that Ms. Mukoku was exonerated.
ZANU-Poof cannot continue to "move the goalposts" as they attempt to prosecute individuals - either produce charges you can prove, or don't bother pressing charges at all.........
An interesting turn towards the independency of the judiciary many of us have been waiting a long time for............. but maybe they just see the writing on the wall that Bloodstained Bob won't live forever and as a result, their protection will soon be gone and they want to escape the aftermath.........
Regardless of the reasons......... "Total Empowerment!"
Justice delayed is justice denied. These peaceful people who were trated viciously by ZanuPF/Mugabe goons have had their day in court and WON!! Slowly but surely justice is being dispensed to accurately reflect tha laws and constitution of Zimbabwe. Now there are fewer and fewer conviction on false and trumped up charges brought by the Zanu cowardly bullies trying to illegaly control the population. The magistrates and judges are finding their backbones again and are becoming more consistent in their denial of baseless charges. It will be really interesting to witness the afore mentioned bullies shitting themselves when it is their turn to face charges of murder and treason by these same judges they once tried to control!!!