Top human rights lawyers arrested

High Court orders release of two detained lawyers

HIGH Court Judge Justice Tedias Karwi yesterday ordered the release of two human rights lawyers arrested outside the High Court building on accusations of obstructing the course of justice.
The lawyers Alec Muchadehama and partner Andrew Makoni, who are representing the arrested MDC activist accused of petrol bombings, were arrested on on Friday around 5PM and they have been denied legal representation.
In the judgement Justice Karwi ordered that the arrest and detention of the applicants (Muchadehama and Makoni) were unlawful. “It is hereby ordered by consent that the arrest and detention of the applicants be and is hereby declared unlawful. The respondents be and are hereby directed to release the applicants forthwith or upon service of this order,” ordered Karwi.
Advocate Eric Matinenga represented the two lawyers while Richard Chikosha from the Attorney General's office appeared on behalf of the police.
The order came after counsel for the two's lawyers made an urgent chamber application against Assistant commissioner Mabunda, detective inspector Rangwani, the police commissioner and the minister of Home Affairs in order to have the two released.
In the founding affidavit lawyer Harrison Nkomo of Mtetwa and Nyambirai said they tried unsuccessfully to gain access to the detained lawyers.
“We attempted to explain the reason of our visit and also tried to enquire as to the nature of the allegations that the applicants are facing and also indicated to to him that we wanted to get instructions from from the applicants.
“The 1st respondent (Assistant Commissioner Mabunda) who was reluctant to entertain us just indicated that the applicants were facing charges of obstructing the course of justice. He barred us from taking any instructions from the applicants,” wrote Nkomo
He added that Mabunda threated to assault and detain Dzimbabwe Chimbga, one of the lawyers who had gone to see Muchadehama and Makoni, forcing them to leave the police station.
President of the SADC La”wyers' Association Sternford Moyo said they were very concerned by the arrests and detention of lawyers while on duty.
“The police and the government of Zimbabwe have an obligation, arising from both domestic and international law to ensure that lawyers are allowed to discharge their functions without hindrances from public officials or any other person,” said Moyo.
He added that the right to legal representation is a cornerstone of an effective administration of justice.
“Where that right is not observed or is not guaranteed the administration of justice is rendered ineffective and the right to protection of the law is reduced to a Pius' declaration,” he said.

UZ proposes staggered working days

HARARE - THE University of Zimbabwe has made proposals to the striking lecturers to stagger the number of days they and their secretaries can come to work to cut on transport costs.
Sources from the country's largest learning institution said the University Registrar SM Chevo had circulated the memo to all heads of departments talking about the proposals, which would see a reduced working week.
It's very strange, this is a clear way to show that the university is broke and they don't have the money to pay workers. They are suggesting that workers arrange and exchange on the number of days to come to work to cut on transport costs, its very strange," said a source.
The sources added that in some cases the new arrangements would mean that people will only work for just 10 days a month.
Association of University Teacher AUT secretary general Munetsi Ruzivo confirmed seeing the memo but said it would not solve any problems.
"We want a lasting solution to all the problems that the university is facing at the moment. All stakeholders and should meet and try to find solutions to the crisis. Right now we are still on strike and we have resolved not to come back to work until our demands are met," said Ruzivo.
The lecturers went back on strike early this month after the University Council failed to award them the demanded Zd 1,9 million net pay for a lecturer and Zd 3,5 million for a full professor.
Ruzivo, who has since been suspended, said: "We are very much concerned with the welfare of our students but the money that we are getting at the end of the month is not enough to take us to work. They are trying to come up with temporary measures but that will not work."
Lecturers are presently getting between Zd 200 000 and Zd 500 000 after deductions against a current Poverty Datum Line of above Zd 1 million.

More MDC activists abducted

More activists abducted

POLICE last week continued with abductions and arrests of opposition MDC activists in a purge by the Zanu PF government to silence all dissenting voices ahead of next year's elections.
MDC deputy organising secretary Morgan Komichi was abducted from his house in Hwange on Friday around 10 PM while an MDC employee, Denis Murira, together with his wife were arrested on the same day.
Another MDC activist Shame Wakatama, who was arrested during a police raid at Harvest House last month and released, was re-arrested on Friday.
MDC lawyer Alec Muchadehama yesterday said senior police officers from the Law and Order section confirmed having arrested the trio but could not reveal their whereabouts.
“I have not been able to see anyone of them. However police officers from Law and Order confirmed arresting the three. The details are still very sketch at the moment and we will continue searching,” said Muchadehama yesterday afternoon.
Komichi's wife yesterday described how the unidentified men in a police vehicle raided their house in Hwange and took away her husband.
“They were driving a police traffic vehicle for Hwange and they were around five. They knocked at the door around 10 PM at first we ignored it since we were already asleep but after some minutes my husband just gave himself up to the men,” said the wife, who declined to be named for fear of victimisation.
She added that the men just told him that they wanted to investigate him about what happened at his workplace.
“This morning (Saturday) I went to Hwange police station with his breakfast but to my surprise they told me that there was no docket about him there. Right I don't even know where he is and we are worried,” added the wife.
MDC spokesperson Nelson Chamisa said the abductions were a calculated attempt by Zanu PF to cripple the opposition party but will never work,
“In the history of mankind, thuggery and terror have never worked as instruments of resolving national problems. MDC is an official opposition party and the abductions and assaults are not going to intimidate us but they will militate against the existence of a conducive environment for the holding of free and fair elections,” said Chamisa.
The MDC president Morgan Tsvangirai two weeks ago claimed that more than 600 supporters have been abducted, arrested and assaulted by State Security agents while in police custody over the past two months adding that of the 600 people affected, at least 150 had sustained life threatening injuries.
He said President Robert Mugabe’s government had intensified a long-standing programme designed to destroy the MDC party ahead of the harmonized presidential and parliamentary elections next year.

PP Chikafu still in police custody

PROMINENT and courageous prosecutor Levison Chikafu, who is still languishing in police cells after being arrested on Thursday in Mutare, says he now fears for his life.
Chikafu was arrested and released on Thursday but re-arrested on the same day on the same allegations of fraud and irregularly granting bail to suspects.
Speaking from a police cell at Mutare Rural Police Station on Saturday, Chikafu said he now feared for his life since the arrest on Thursday.
“These people want to demonise me saying I am a criminal, then isolate and eliminate me. I now fear for my life,” he said.
Chikafu was handling two high profile cases involving the Minister of Justice, Legal and Parliamentary Affairs Patrick Chinamasa and security minister Didymus Mutasa.
He was also trying to have Central Intelligence Organisation (CIO) operative, Joseph Mwale, prosecuted for his alleged role in the murder of two Movement for Democratic Change (MDC) activists Talent Mabika and Tichaona Chiminya.
The two were killed in cold blood in 2000 near Murambinda Growth Point.
The police have put an embargo that no one is supposed to communicate or see Chikafu at the station except his lawyer, Chris Ndlovu of Gonese and Ndlovu legal practitioners.
“I am just sleeping in this cell for the past 48 hours and police officer has come to talk to me. They just dumped me here,” he said.
Chikafu said the detectives from the law and order section, who re-arrested him, told him that they had instructions from the police commissioner, Augustine Chihuri, to lock him up.
“Just write that Chikafu wants to know why Chihuri wants him arrested? If he has conscience he would think serious about it. Now I am not allowed to see or talk to my wife, friends and relatives,” said Chikafu.
The former Manicaland area prosecutor, who is now studying at Staff College in Harare, said he suspected that his arrests has more to do with the cases he handled than his alleged criminal accusations.
“The same detectives I had an altercation with and demanded that they produce Mwale’s docket are the same ones who arrested him. Is this a mere coincidence?” queried Chikafu.
Efforts to have Mwale prosecuted have no moved an inch and it is widely believed that the CIO operative is getting political protection from high ranking government officials.
His lawyer, Ndlovu, said by “illegally detaining” Chikafu in a solitary cell, the police want to disorient and cause him so much anguish.
“These people want to cause him as much anguish as possible. They just dumped him there since Thursday and left him to rot. They told me they would take him to court on Monday (tomorrow),” he said.
Ndlovu strongly suspect some political motives in the arrest of his client.
“I can’t rule out political manipulation. Why would detectives from the law and order arrest a fraud suspect? They have to deal with political and security related matters,” he questioned.
When Chikafu was briefly released on Thursday the Attorney General’s Office, the police and Ndlovu had agreed to proceed by way of summons because of lack of evidence.
“The decision was reached by all stakeholders after a clear analysis of the available evidence. When I asked them why they had re-arrested him, they said “we have orders from above’ meaning that there is another hand behind,” said Ndlovu.
He said the detention of Chikafu was a clear sign of intimidation of the judiciary.
Police chief spokesperson Wayne Bvudzijena confirmed that Chifaku was re-arrested and “had a case to answer.”
“People may say that it is political but I have gone through the papers he has a case to answer. Lets wait for the courts to decide,” said Bvudzijena.
On why he was re-arrested after the release, he said, “It was a gentlemen’s agreement that can be broken.”
He also dismissed the notion that Chikafu was supposed to have been arrested by officers from the fraud squad saying, “a police officer is a police officer even myself from the PR section have arresting powers.”

Olde 65!!!

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Good living

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