High Court Judge, Justice Tendai Uchena, will on Tuesday 9 June 2009 hear an application for referral of the matter involving four abductees, namely Concillia Chinanzvavana, Fidelis Chiramba, Violet Mupfuranhewe and Collen Mutemagawu, to the Supreme Court, sitting as a Constitutional Court, for a determination on various rights violations. The abductees’ trial was scheduled to commence in the High Court on Monday 8 June 2009.

Justice Uchena deferred the matter to Tuesday 9 June 2009 at 10:00 AM after Chris Mutangadura of the Attorney General’s Office asked for more time to go through the abductees’ application.

The abductees lawyers filed an application for the matter to be referred to the Constitutional Court so that it can determine whether or not the abductees’ abduction/ kidnapping constituted unlawful deprivation of liberty in violation of Section 13 (1) of the Constitution of Zimbabwe.

The lawyers also want the Supreme Court to determine whether or not the torture of the abductees constitutes inhuman and degrading treatment in violation of section 15 (1) of the Constitution of Zimbabwe.

They further want the Constitutional Court to determine whether or not the applicants, as victims of enforced disappearances, can lawfully be prosecuted and whether the abductees can be compelled to go on trial in circumstances where their appearance at court was facilitated by a criminal act of kidnapping/ abduction authorized or sanctioned by the State or officials of the State.

Finally the defence lawyers want the Supreme Court to direct the Attorney General to order the Commissioner-General of the Police to institute a comprehensive and diligent investigation of the offences alleged to have been committed against each abductee with a view to prosecuting all perpetrators of the alleged offences before the abductees’ possible prosecution.

The filing of the application for a referral to the Constitutional Court could effectively delay the commencement of the trial of the four abductees who are accused of violating section 24 (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].