High Court Justice James Devittie has ordered the commander of the Zimbabwe National Army, Constantine Chiwenga, to allow the deputy sheriff to enter the army barracks to serve summons on the commander himself and other senior officers being sued by “Standard” journalists Mark Chavunduka and Ray Choto. The journalists are seeking compensation in excess of […]
High Court Justice James Devittie has ordered the commander of the Zimbabwe National Army, Constantine Chiwenga, to allow the deputy sheriff to enter the army barracks to serve summons on the commander himself and other senior officers being sued by “Standard” journalists Mark Chavunduka and Ray Choto. The journalists are seeking compensation in excess of Z$4 million (approx. US$104,767) after their wrongful arrest, detention and torture last year.
Chavunduka and Choto were forced to seek the intervention of the courts after the deputy sheriff had been barred on numerous occasions from entering the military premises, resulting in the court official failing to serve summons on the military personnel being sued by the journalists.
“In the event that the deputy sheriff or his authorised assistant is not permitted access as specified in paragraph 1 hereof, then service of summons on each of the named officers reflected in paragraph 1 hereof shall be effected by delivery of a copy of summons in respect of each of the said officers at the registry office of the Ministry of Defence headquarters on the ground floor at Lonrho House, Union Avenue,” said Justice Devittie.
Justice Devittie also said that his order and the accompanying court application papers were to be served on the commander of the Zimbabwe National Army.
“Should the said process server not be permitted access for this purpose, delivery of the said order and the court application to the registry at Ministry of Defence headquarters will be deemed to be good service,” said Justice Devittie.
The attorney general’s office, which is representing the state, has denied that the journalists were tortured by the military, despite overwhelming evidence produced from both state and private medical doctors. However, the state defence has admitted that the detention was illegal.
In addition to Commander Chiwenga, the two journalists are also suing Police Commissioner Augustine Chihuri; Home Affairs Minister Dumiso Dabengwa; Defence Minister Moven Mahachi; the director of military intelligence; a Central Intelligence Organisation official based at Harare Central, I. Mada; National Security Minister Sydney Sekeraamayi; Police Detective Inspector Boysen Matema, who released the journalists from police custody and handed them over to the state agents who tortured them; and Detective Constable Chimedza.
BACKGROUND:
Chavunduka was arrested by the military on 12 January 1999, and Choto was arrested by police on 19 January, and then handed over to the military for interrogation. Before their release on bail on 21 January, the newspaper secured at least three High Court orders demanding their release, but all were ignored.
Both men sustained serious injuries as a result of torture at the hands of military police during their illegal detention.
The journalists have lodged a Supreme Court application challenging the Constitutionality of Section 50 of the Law and Order Maintenance Act (LOMA), under which they are currently facing charges. These stem from a 10 January 1999 article in the “Standard”, alleging a coup plot within the ranks of the military. The two have been accused of publishing false information likely to cause fear and alarm. On 20 March 2000, the Supreme Court reserved judgement on their application.
In another application, on 29 March, the Zimbabwe Supreme ordered Police Commissioner Chihuri to investigate reports that Chavunduka and Choto were tortured by the military in January last year. The Supreme Court also ordered that those who committed the alleged crimes should be prosecuted.
Chavunduka has also laid a contempt of court charge against Defence Secretary Job Whabira, who failed to procure the journalist’s release on being served with a court order to this effect.
