ZIMBABWE - HARARE - The release of political prisoners was a result of talks held between the Attorney General and President Mugabe last Friday.

 

Mugabe ordered an intransigent Attorney General Johannes Tomana to release the political prisoners.

 

 

Earlier, Mugabe had met members of the Joint Monitoring and Implementation Committee, who appraised him on the resistance being encountered from the AG, who they reported was abusing the appeal process to keep the political prisoners in jail.

Following that meeting between the 12-member JOMIC and Mugabe, then Tomana and Mugabe, defence lawyer Alec Muchadehama was on Friday afternoon summoned to the Attorney-General’s office for a meeting at 4pm, it has emerged.

One of AG Johannes Tomana’s senior professional officers, reading from a prepared text, told Muchadehama and his team of lawyers that the AG had met the President and that it had been agreed that their clients could be released on bail.

That meeting was attended by Roderick Tokwe, Michael Mugabe and one Chikoshwe.

The condition attached was that they would have to agree that all other currently pending appeal applications lodged by the political prisoners in the High Court or Supreme Court would have to be withdrawn.

In court the prosecutors informed the magistrate that the President and JOMIC had agreed to free all political prisoners.

For eight of the detainees on charges of recruiting insurgents, a bail hearing was held at the magistrates court later on Friday evening. These were Broderick Takawira, Fidelis Chiramba, Concillia Chinanzvavana, Emmanuel Chinanzvavana, Pieta Kaseke, Violet Mupfuranhehwe, Collen Mutemagau, Audrey Zimbudzana

Bail conditions first suggested by the State were US$2 000 per person plus separate surety of US$60 000 per person plus surrendering travel documents and title deeds to property worth at least US$20 000 and reporting twice weekly to police.

 

Defence lawyers argued the amounts were too high and that not everyone had travel documents or title deeds. The magistrate eventually dropped the demand for surety and set bail at US$600 each plus surrender of travel documents, if any, security or title deeds of at least US$20 000 value, and reporting to police Monday and Friday.

Broderick Takawira and Fidelis Chiramba were able to fulfil the bail conditions on Saturday, resulting in Broderick's release from prison.

Chiramba is still in hospital receiving treatment, but, like Jestina Mukoko, no longer under guard. The others took longer while the lawyers negotiated for modification of bail conditions, as not all of them had sufficient assets.

Concillia and Emmanuel Chinanzvavana and Audrey Zimbudzana managed to fulfil bail on Tuesday and are now in hospital receiving treatment.

Violet Mupfuranhehwe, Collen Mutemagau [parents of the two year old, Nigel who was detained with them before his release last month] and Pieta Kaseke are still in Chikurubi, as the State is still verifying their statements that they have no travel documents.

Jestina Mukoko was also covered by the offer. Her bail hearing did not go ahead on Friday evening because her lawyer indicated she would need to consult her client. It was heard on Monday morning and bail was granted on the same conditions as for the others.

 

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Four of the group on charges of bombing and sabotage - Mapfumo Garutsa and Regis Mujeyi [in Chikurubi ] Chinoto Zulu and Zachariah Nkomo [in custody but being treated in Avenues Clinic] - were also covered by the AG's offer.

The State agreed as part of the offer to withdraw its appeal against an earlier court decision granting them bail. All four have now been released on bail conditions similar to those applicable to the other detainees.

 

The two from Chikurubi are now receiving their needed medical attention.
The bail offer from the AG’s office however excluded Gandhi Mudzingwa, Chris Dhlamini and Andrisson Manyere all accused of bombing police stations.

These three were denied bail by the High Court on 19th February on the basis that the State had produced some apparent evidence against them.

 

 

Their appeal to the Supreme Court against the High Court decision will be pursued as an urgent matter. In the meantime, Chris Dhlamini has been taken to hospital for the surgery he needed, Gandhi is already in hospital, leaving only Andrisson still in Chikurubi.

The political nature of these cases seems clearly demonstrated by the AG’s indication that the go-ahead for the bail "deal" came from the President and by the offer to release still missing persons when the police have all along denied knowing their whereabouts.

As a lawyer said "This is not the rule of law, this is not justice. It's politics taken to the wrong forum."

UN Secretary General Ban Ki-moon last week called for the release of political prisoners as a gesture of national reconciliation, warning that the international community would only support the new government if Mugabe proved he was willing to make it work.

SA President Kgalema Motlanthe has also called for their release at a time when the SADC Ministers were discussing bailing Zimbabwe out financially.

And last Wednesday Prime Minister Tsvangirai said that he, Mugabe and Mutambara had met and agreed that all political detainees who have been formally charged with a crime should be released on bail and those that have not been charged should be released unconditionally.

 

It also emerged at Friday’s meeting at the AG’s office that the President had received input on the question from JOMIC.

 

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JOKE OF THE DAY - A man in Zim wrote to his son in the UK:

 

Condition is critical. Please send money. Suicide contemplated.

The son replied:
Dad, condition abroad more critical. Suicide approved!".

 

 

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