JUSTICE IN ZIMBABWE
122
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charge of contravening s 15(1)(c) of the Public Order and Security Act (i.e. making a
false statement realising there is a real risk or possibility of undermining public
confidence in a law-enforcement agency).
Later her lawyer made an urgent application to the High Court for her release. The
lawyer was not permitted to enter the High Court building and argue the matter before
a judge. She was told that it was after normal court hours and that the Central
Intelligence Officer assigned to do this had not given clearance for her to enter the
building. She therefore had to communicate her case to the Registrar of the High
Court through the metal bars, and the Registrar in turn communicated it to the judge.
The judge refused the order, stating that the police were entitled to hold a person for
up to forty-eight hours for the purposes of investigation. This is entirely incorrect.
There is a string of cases in which it has been decided that the police may not arrest
for the purposes of investigation. They may arrest only if they have a reasonable
suspicion that a criminal offence has been committed. Dr Lovemore’s lawyers were
maintaining that there was no such reasonable suspicion that the crime specified had
been committed.
After this ruling the police proceeded to take Dr Lovemore away in a police vehicle.
As they were about to do so one of her lawyers tried to find out from the police to
which police station she was being taken. The police refused to tell the lawyer and
threatened to assault her if she persisted in her attempts to ascertain where her client
was being taken. Her lawyer then attempted to bring a second application before the
same judge, asking the court to order that the police to disclose where they intended to
hold Dr Lovemore. The judge rejected this application, saying that this was not a new
application but was the same application as before.
Dr Lovemore was taken to the Warren Park Police Station. She was placed in a cell
without being booked in. The lawyers made frantic efforts to trace where their client
was without success. Dr Lovemore, who had not had any food that day, was given no
food during the time that she was held. She was only given one small container of
water on request.
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