THE Attorney-General’s office has ditched government officials who are being sued by Jestina Mukoko, the Zimbabwe Peace Project director, who was abducted and tortured for 21 days. The reason for the shock move remained unclear at the time of going to press yesterday.
Mukoko is seeking damages in the courts after she endured torture and humiliation at the hands of state security agents.
Over a fortnight ago, the Supreme Court ruled that her ordeal was a clear violation of the Constitution and quashed all attempts by the state to prosecute her for alleged terrorism and banditry.
The ruling, welcomed by human rights activists, boosted Mukoko’s case against the officials she held responsible for her harrowing and dehumanising experience.
With the highest court of appeal having ruled that she had been tortured and her constitutional rights violated, a lawyer said proving her case had become as easy as a hot knife cutting through butter.
And in a surprise turn of events, the AG’s office filed papers in the High Court on Friday notifying all the parties to the case that it would not represent the defendants.
The office did not give any reason except to say that: “Be pleased to take notice that the Civil Division of the Attorney-General’s office do hereby renounce agency on behalf of all the defendants.”
The defendants are the Minister of State Security, Land and Land Reform, Co- Ministers of Home Affairs, Minister of Defence, Commissioner General of Police, Chief Superintendent Magwenzi, Attorney-General of Zimbabwe, Didymus Mutasa and Brigadier General Asher Walter Tapfumaneyi.
The AG said all correspondence addressed to the defendants should now be directed to private legal practitioners, Mutamangira and Associates.
Yesterday Johannes Tomana, the AG was not immediately available to explain the reasons behind the renunciation of agency. The defendants could also not be reached.
Harrison Nkomo of Mtetwa and Nyambirai, the lawyers for Mukoko confirmed that the AG’s office had renounced agency in the matter involving their client.
Written BY : WALTER MARWIZI, The Standard
Editor, please think carefully about some of the material you put on your website. That mug shot of Mutasa has been giving me sleepless nights ever since it appeared here!
What do you think “He” feels when he looks in the mirror !!
Damn, is Mutasa still breathing guys? Well as for Tomana (only if the “n” was an “m”) he is playing with death. Does he really know the ZANU(PF) mafia especially after Ngotchathan revealed to Sunday Mail that Tomana was moving around with Ngochathan during the 2005 parliamentary elections after Jona was dismissed by Matibili.
How does this even work? All this time I thought the AG’s office was only responsible for prosecuting on behalf of the state. I really need some schooling on the Zim legal system. Anyone? How does the AG’s office assume agency on behalf of Mutasa and company?
@Pedzi Leba – you totally killed it with that shot at Mutasa …. ultimate co-sign that mugshot is torture!
Shepherd I do not think Tomana is acting independently on this one, Zanu probably has some grander and more evil plan for the case!
Do you not find it satanic that Tomana requested that we “BE PLEASED” from this development as if its some sort of admission of guilt on the state’s part?
-Vakuru Chaivo-
This is kaka.
Vakuru, I am not a lawyer but I believe that anyone who is sued whilst carrying out legitimate government duties deserves to be represented by the state. The AG’s office may either defend these officers or hire a private firm to act on their behalf. It seems the later option has been chosen. I have no idea what the phrase “be pleased” is meant to highlight. It may reflect the academic proes of Mr. Tomana. By the way, I have been going through a number of cases that Mr. Tomana either represented a plantiff or defendent whilst still in private practice, you will “be pleased” to know that he never won more than 10% of his cases. I guess the defendents in Jestina Mukoko’s case will be pleased that a loser will stop representing them!
You are right Mthwakazi. How would Toma#a know the legal firm that is now supposed to represent these murderes if he had not made prio arrangements with them? So the taxpayer will foot the bills of these thugs instead of using those in Toma#a’s office who are on payrol. Thats criminal. Biti should stop payment. This is one way of looting!
Great point Shephered. Is it government duty to toture detainees? Well according to Didymus (remember his silly affidavit) that was the case in December 2008. Was there a legitimate government at that time? We know that there was no government from March 2008 until Feb 2009. These thugs were on a private mission (definitely on behalf of a rotten political party). Their legal bills can’t be paid fotr by the State. What about new ministers who have been included in the lawsuit? Here I think it will be unfair for the MDC co-minister to pay for his legal bills, but then why was he inccluded in the lawsuit?
Musakopa zita rangu kani. Sunga vanhu Tomana. Rock them hard.
Zanu chiororo. Thats why its advisable to loot as much as possible when doing party business because when the party dumps you, you are in trouble for sure.