Judgment No. CCZ 9/14 11
Const. Application No. CCZ 276/12
so primarily because Mukandi could not be located. The reason proffered by the State is that
it was not prudent to try the other three applicants in the absence of Mukandi due to the
nature of the evidence that it had to adduce. As a result, even though they were available for
trial, the other three applicants were not summoned for trial until September 2011. Further,
in view of the relationship between the government of Canada and the government of
Zimbabwe efforts to have him repatriated to this country were largely unsuccessful leaving
the trial in limbo.
There is no dispute Mukandi was at liberty to relocate following the court’s
refusal to keep the applicants on remand and that no restrictive conditions were placed either
on him or the other applicants. Indeed he was then resident in Canada and the e-mails
submitted by the applicants show that there was communication between the State and the
Canadian authorities from December 2002 up until 2007, in which requests were made by the
State for Mukandi to be extradited, but this was futile as there was little or no co-operation
from the latter. Consequently, the decision was made not to proceed even against those
applicants who were in the country. It is common cause that Mukandi was not extradited but
was deported to this country in 2011 for reasons not related to the allegations that were
pending against him and his co-accused.
Once the State was ready to proceed with the trial, attempts were made to have
Mukandi extradited from Canada as is evident from the communication between Interpol
Canada and Harare Interpol. Whilst the communication appears not to have had a sense of
urgency, it can be accepted that the State exhibited the desire to have Mukandi brought to this
jurisdiction for trial.