Chris Mutangadura, the chief law officer in the Attorney General’s Office, raised some preliminary objections arguing that the abductees’ case was erroneously referred to the Supreme Court by the High Court and should be dismissed.

Mutangadura told the court that the State had obliged to a Magistrate Court’s order to investigate allegations of abduction and torture which were raised by the abductees when they appeared in court in 2008. He said the State’s efforts were only hindered by a ministerial certificate issued by the then State Security Minister, Didymus Mutasa who invalidated the court order.

Advocate Tonderai Bhatasara, who appeared for the abductees, together with Alec Muchadehama, opposed Mutangadura’s application.

After hearing submissions from both parties, Chief Justice Chidyausiku, who sat with the Full Bench of the Constitutional Court, reserved judgment on the points raised by the State.

The political and human rights activists who were charged with banditry and sabotage for allegedly plotting an insurgency against President Robert Mugabe’s government in 2008 want the Supreme Court, sitting as a Constitutional Court, to permanently stay the prosecution on the basis that the torment they received at the hands of State security agents in 2008 violated their constitutional rights.

The seven include MDC official, Kisimusi Dhlamini, freelance-journalist Andrison Manyere, Prime Minister Morgan Tsvangirai’s former personal assistant Gandhi Mudzingwa, Mapfumo Garutsa, Chinoto Zulu, Zacharia Nkomo and Regis Mujeyi.