Ruling on MDC activists postponed again.
By Tichaona Sibanda
10 June 2009

The High Court on Wednesday again postponed a ruling on the MDC activists charged with attempting to overthrow Robert Mugabe. The activists contend their rights were violated when they were abducted by state security agents and that their case should be referred to the Supreme Court.

Defence lawyer Alec Muchadehama told us the activists applied to refer the case to the Supreme Court as they believe that they are themselves victims of crimes perpetrated by the police and other security agents.

Concillia Chinanzvavana, Fidelis Chiramba, Violet Mupfuranhewe and Collen Mutemagawu were abducted in October and held incommunicado for two months before being found three days before Christmas last year.

They are the first group of individuals, who were abducted from their homes during the months of October and December, to finally stand trial.
But the applicants want the higher court to determine several human right violations against them by the State, including whether or not their abduction was lawful and whether or not victims of kidnapping can be lawfully prosecuted.

Muchadehama said Judge Tendai Uchena ruled on Wednesday that the High Court will decide on their application on the 22nd June. The trial is expected to start after the ruling.
‘The applicants have asked the court to rule at what they believe to be gross human rights violations against them by state security operatives. There have been serious violations to their constitutional rights,’ Muchadehama said.
‘So to try them in these circumstances violates their right to the protection of the law. They contend that they are themselves victims of crimes committed against them by security agents,’ Muchadehama added.
Meanwhile Muchadehama himself is coming under renewed harassment. On Tuesday he was summoned to stand trial at the Harare Magistrates' Court, on 17th June, on allegations of obstructing or defeating the course of justice.

This is the case in which the State said that Muchadehama caused the unlawful release from custody of three other clients, Kisimusi Dhlamini, Gandi Mudzingwa and Andrison Manyere, all accused of terrorism.
Muchadehama had been removed from remand on this case by a Harare Magistrate who said the State had failed to show any reasonable suspicion that he had committed the alleged offence.
Zimbabwe Lawyers for Human Rights believe that the swift revival of the case against Muchadehama is an attempt by the State to prevent him from dedicating his energies to properly representing his clients. They said the Attorney-General and his officers are blatantly trying to intimidate, harass and prevent him from executing his duties, by putting him on trial in the middle of all the other ongoing trials.
As the State continues to relentlessly show that it is determined to harass anyone perceived as an opponent, Deon Theron, the vice President of the Commercial Farmers Union, was summoned by Harare’s Law and Order Section of the police to appear at their offices on Tuesday.

The police said they had another charge to lay against him but declined to say what the ‘new charge’ was, according to reports. Theron was first arrested and detained for taking photographs of Prime Minister Morgan Tsvangirai's vehicle just after the crash in which his wife Susan died. Theron had been asked to take the photos by the MDC, as he was the nearest person to the scene of the accident.

Since then he has been continually harassed.