Mukoko torturers to face the music

Source: Mukoko torturers to face the music – DailyNews Live

DEPUTY CHIEF WRITER      28 March 2017

HARARE – In a ruling that is set to leave State Security officials that
torture and abduct citizens on the edge, a High Court judge yesterday
ordered officials that abetted Zimbabwe Peace Project (ZPP) director
Jestina Mukoko’s abduction and torture to be sued in their personal
capacities.

High Court judge Nyaradzo Munangati-Manongwa yesterday ruled that the
officials, who include former State Security minister Didymus Mutasa,
chief superintendent Peter Magwenzi and brigadier Asher Walter
Tapfumaneyi, must face the lawsuit in their personal capacities.

The trio through Ephraim Mukucha from the Attorney General’s office had
approached the court seeking an amendment for them to be cited in their
official capacities in terms of the State Liabilities Act as opposed to
being cited in their personal capacities.

“This amendment is not necessary. I find no merit in the application as
the conduct complained of borders on criminality,” Munangati-Manongwa
noted in her ruling yesterday.

In the application, Mukoko is demanding $220 000 compensation from the
State over her unlawful abduction in 2008.

Mukoko – represented by prominent human rights lawyer Beatrice Mtetwa –
cited Mutasa, the then co-Home Affairs ministers Kembo Mohadi and Giles
Mutsekwa, police commissioner-general Augustine Chihuri, Magwenzi,
Attorney General of Zimbabwe, Defence minister Sydney Sekeramayi and
Tapfumaneyi as respondents.

In the amendment application, Mukucha argued that there was nothing wrong
in challenging the citation of Magwenzi, Mutasa and Walter in their
personal capacities.

He told the court that the officials acted within the course and scope of
their official duties.

“The purpose of this application is therefore to seek an amendment which
was filed on behalf of the applicants,” Mukucha said, adding that the
amendment will not in any way stop Mukoko from claiming damages against
the State.

Mukucha sought the insertion of a paragraph, which reads, “5th (Magwenzi),
7th (Mutasa) and 8th (Tapfumaneyi) defendants deny that they were acting
in their personal capacities at all material times in relation to this
matter as such they deny that it is competent for plaintiff to sue them in
their personal capacity.”

However, Mukoko challenged Mukucha’s authority to file an affidavit on
behalf of the trio, arguing that he had no power to respond by giving
reasons that he has no personal knowledge.

“No explanation has been given as to why the applicants have not
themselves deposed to the founding affidavit, particularly as the issue
raised involves each applicant being able to say that their actions were
in their official capacities,” Mukoko said, adding that granting the
application will be abetting the perpetuation of an unlawful act.

She said her case was peculiar in that it involved senior officials that
acted in common purpose in violation of the law and that they should each
bear their personal responsibilities for their actions.

Mukoko further said the failure to demand that the officials file personal
affidavits, would deny her a chance to demand that they produce their
employment contracts, authorising them to commit acts of torture and other
illegal activities.

The human rights activist filed for damages after the Supreme Court in
September 2009 granted a stay of prosecution on charges of banditry and
terrorism which the former broadcaster faced after ruling that several of
her fundamental rights were violated when she was abducted, tortured and
held incommunicado.

Mukoko was seized at gunpoint in a dawn raid at her Norton home on
December 3, 2008 by a group of plain-clothed men who identified themselves
as policemen.

Her fate was not known until she appeared in court three weeks later.