Alert Update

2 July 2009

Photojournalist case referred to Supreme Court

High Court judge Justice Charles Hungwe on 1 July 2009 granted an application for referral to the Supreme Court by freelance photojournalist Andrison Manyere after ruling that the application was neither frivolous nor vexatious as submitted by the State.

Manyere is jointly charged with six other alleged MDC members Kisimusi Dhlamini, Gandhi Mudzingwa, Regis Mujeye, Zacharia Nkomo, Mapfumo Garutsa and Chinoto Zulu. The seven are accused of contravening Section 23 (1) (a) (i) (ii) of the Criminal Law (Codification and Reform) Act, Chapter 9: 23 which criminalizes acts of insurgency, banditry, sabotage or terrorism, or alternatively Section 143 of the same Act which relates to aggravating circumstances in relation to malicious damage to property.

Alec Muchadehama representing Manyere, argued that there had been a clear violation of the applicant’s constitutional right to liberty, and right to full protection of the law. He added that Manyere had been a victim of enforced disappearance and therefore ought to be the complainant in the matter. Muchadehama challenged the State to furnish evidence in rebuttal of the fact that Manyere had been abducted and subjected to torture while under unlawful detention.

Muchadehama said the state’s case was premised on inadmissible evidence as the evidence had been obtained through unconstitutional means from the abductees under torture. He submitted that the state had also not disputed medical reports that clearly showed that the applicants had been subjected to torture.

In response the State, represented by Chris Mutangadura assisted by Tawanda Zvekare argued that the application for referral to the Supreme Court was frivolous and vexatious and therefore should not to be granted. The State further sought to discredit the evidence furnished by the applicants by producing affidavits from the Director of Public Prosecutions, Florence Ziyambi and the Minister of State Security, Sidney Sekeramayi in which the two repudiated the involvement of the police and state security agents in the abduction, detention and torture of the applicants.

However, Muchadehama dismissed the affidavits arguing that the minister could not have had any personal knowledge as to what transpired since he was not the minister of sate security at the time in question. He further argued that the affidavits were not admissible as they had not been properly commissioned and that the minister’s purported affidavit was not even signed.

After hearing the submissions from both parties Justice Hungwe said there was nothing to support the contention that the application was frivolous and vexatious as argued by the State and therefore referred the matter to the Supreme Court.

End

For any questions, queries or comments please contact:

Nyasha Nyakunu

Senior Programmes Officer

MISA-Zimbabwe

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