Judgment No. CCZ 9/14 6
Const. Application No. CCZ 276/12
International Airport on 22 September 2011 he was placed under arrest and detained. He was
taken to court on the 27 September 2011 and was set free as there was no warrant for his
arrest.
Thereafter he was served with summons for a court appearance on
15 December 2011. His co-accused were with him. The trial could not proceed because the
police docket and the court record were missing.
The matter was then postponed to
9 January 2012 but again for one reason or another it failed to take off. It was then postponed
to 17 January 2012 when all the applicants applied for the matter to be referred to the
Supreme Court.
The other three applicants gave a similar version in respect of their arrest,
detention and numerous remands at the behest of the State culminating in the magistrate
refusing to further remand all the applicants. They also confirmed that from January 2000 to
September 2011 there was no effort on the part of the State to bring them to trial. They were
all summonsed to court for the 15 December 2011 subsequent to the return of Mukandi to
Zimbabwe.
Mawere-Mubvumbi said that he had remained in the country for the whole
period except for a short sojourn to South Africa to buy groceries. He had been dismissed
from employment but had been reinstated through an order of court. He had been served
with summons about seven (7) days before the trial. He had learnt of the arrest of Mukandi
in the newspapers.