MDC abductees granted referral to Supreme Court

By Violet Gonda
22 June 2009

Four MDC activists facing charges of terrorism are allowed to challenge their prosecution in the Supreme Court after a ruling by High Court Justice Tendai Uchena on Monday. Their defence team had filed an application when the trial of the abductees started earlier this month. They wanted the High Court to refer the case of their clients to the Constitutional Court, saying their rights had been violated.

Fidelis Chiramba, the MDC’s Zvimba South district chairperson, Mashonaland West province Women Assembly chairperson Concilia Chinanzvavana, district Women’s Assembly secretary Violet Mupfuranhewe and district youth chairperson Collen Mutemagau are arguing that they cannot be charged because they were abducted from their homes and tortured by state security agents.

They were kidnapped in October last year and spent several months incommunicado, before being found in various police stations in Harare towards the end of December. They were only released on bail after the coalition government was formed. The four are part of a larger group of MDC and civic members facing charges of plotting to overthrow the Mugabe regime. The charges they face would be dropped if they won their case in the Supreme Court.

They want the Supreme Court to deal with the issue of their abduction and torture first, before their trial proceeds. Lawyers say Monday’s ruling opens the way for the other accused persons, who also say their prosecution is illegal.

Meanwhile, the MDC welcomed Justice Uchena’s ruling, saying it will give the abductees an opportunity to give testimony on how they were abducted and mistreated at the hands of the Zanu PF regime. The party said in a statement: “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.”

In another matter, a ruling over the case of detained MDC Director-General, Toendepi Shonhe, was postponed again to Tuesday. The MDC insists Shonhe, who was arrested last Tuesday, is facing trumped up perjury charges.