This week's issues
| Supreme Court Frees Human Rights Activist |
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| Written by MISA |
| Monday, 28 September 2009 16:17 |
 The Supreme Court on 28 September 2009 upheld an application by former Zimbabwe Broadcasting Corporation (ZBC) news reader and director of the Zimbabwe Peace Project Jestina Mukoko in which she argued that her constitutional rights to liberty, full protection of the law and right to freedom from torture had been infringed. Chief Justice Godfrey Chidyausiku sitting with Justice Paddington Garwe and Justice Luke Malaba also ordered permanent stay of prosecution in the criminal case against Mukoko. The constitutional application was initially heard on 25 June 2009. This verdict essentially quashes the case against Mukoko in which she was being charged with banditry, sabotage and terrorism in terms of section 23 (1) (a) (i) (ii) of the Criminal Law (Codification and Reform) Act, Chapter 9: 23. The Chief Justice said the full bench of the Supreme Court had unanimously concluded that the state through its agents had violated the applicant’s constitutional rights under sections 13(1), 15(1) and 18(1) of the constitution. These sections afford protection to the rights to liberty, right to freedom from torture and right to the full protection of the law Following this finding, he ruled that Mukoko’s application to the Supreme Court allowed her to apply for permanent stay of prosecution in respect of any proceedings arising from the same matter as well as in the criminal proceedings in the case against Mukoko and Emmanuel Chinanzvavana and eight others with whom she was initially being charged. He said the full judgment would be made available later. Background Mukoko was abducted from her home in Norton on the outskirts of Harare on 3 December 2008. Her whereabouts were unknown until her appearance in court on 24 December 2008 on charges of sabotage, banditry and terrorism. She was in custody until she was granted bail on 2 March 2009, after 92-days of detention. However, the bail was, later revoked by Harare magistrate Catherine Chimanda and later reinstated on 6 May 2009. Until her vindication on 28 September 2009, Mukoko had mounted a protracted legal battle to secure her freedom through several court applications with the Magistrates, High and Supreme Courts. |
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