Judgment No. CCZ 1/2014 2
Const. Application No. SC 240/2010
2. An order for a permanent stay of the criminal proceedings before the High Court
3. An order for mandamus directing the Attorney General to act in terms of s 76 (4a) of the
Constitution of Zimbabwe and investigate the alleged offences committed against the
applicants
4. A special order as to costs.
At the inception of the hearing before this Court, Mr Mutangadura, who appeared
for the respondent, raised four points in limine. The most important point the determination of
which disposes of the matter is that the referral to the Supreme Court by the High Court, of the
questions of the alleged violations of the rights of the applicants at the stage of the proceedings
in which it was done is prohibited by s 24(3) of the Constitution. The point in limine is properly
taken as the referral was incompetent.
The facts are as follows. It was alleged by the applicants at their initial remand
hearing before the Magistrates Court that they were abducted from various places in Harare,
Norton and Masvingo, between 25 November 2008 and 13 December 2008 by members of the
State security agency.
The applicants alleged that they were taken to a secret detention centre which they
later found out to be Goromonzi Prison, where they were kept incommunicado until 22
December 2008. They were allegedly denied access to families, legal counsel and medical
treatment for injuries sustained as a result of torture inflicted by the abductors.