New court date for Chinamasa

MUTARE -  JUST when Patrick Chinamasa thought he had escaped from the jaws of the law , the Attorney General's (AG) office has ordered the justice minister to appear in court next Tuesday to answer charges of attempting to obstruct the course of justice.

The charges had been withdrawn before plea on Monday after it was indicated no magistrate in the province was prepared to preside over the case citing political intimidation by Didymus Mutasa, the powerful state security minister.

Mutasa, known to throw his political weight all over, denied intimidating the magistrates. Mutasa is alleged to have accused the magistrates of being members or sympathisers of the opposition MDC political party.

A day after the withdrawal of the charges Chinamasa was subpoenaed to appear before a Rusape magistrate on August 8.
State counsel, Levison Chikafu said a magistrate has been found to preside over Chinamasa's case.

"A magistrate has been found and I can confirm that the minister would be brought to this court for trial on August 8," Chikafu said. "Police have been instructed to serve him with summons."
"Like I stated before the prosecution is ready to proceed with the trial. The problem has been with the bench, not the State."
Chinamasa is alleged to have obstructed the course of justice when he allegedly attempted to coerce key state witnesses to withdraw charges of political violence against supporters of Mutasa, also the Zanu PF secretary for administration.

When he appeared on Monday Chief magistrate Herbert Mandeya withdrew charges against Chinamasa before plea after the State, represented by Loice Matanda-Moyo, the director of public prosecution, said there was no magistrate in Manicaland prepared to hear the case.

Chinamasa was implicated together with Innocent Chibaya, head of Central Intelligence Organisation in Manicaland, Cosmas Chiringa, the district administrator for Makoni, Dennis Masiya, a senior state intelligence officer, Simba Muzariri and Robson Makoni.

The trial of the Chinamasa's accomplices is proceeding without any disturbances. They are all denying charges they attempted to obstruct the course of justice.

The charges stem from an incident in which the justice minister allegedly tried to influence key witnesses to withdraw charges arising from incidents of political violence that rocked Makoni North, which initially linked Mutasa.

It is alleged that on December 18 2005 and January 25 this year Chinamasa and the four attempted to entice James Kaunye, Leavence Kaunye, George Mukundu, Fred Dube, Pedzisai Samanyanga, Wilson Kuwasekera, Emma Kapundanga, Nurse Zonke and Idah Chiparange not to give evidence on charges of political violence that rocked Makoni in the run up to the 20005 parliamentary polls. He is alleged to have approached them last year trying to persuade them to drop the case.

Ruling party supporters loyal to Mutasa went on a rampage and beat up war veteran leader, Kaunye and his supporters for daring to challenge the secretary for administration in the constituency. Kaunye wanted to represent Zanu PF in the constituency.
Several of Kaunye's supporters were seriously assaulted apparently at the behest of Mutasa and his campaign manager Albert Nyakuedzwa.

Mutasa was later absolved but 23 of his supporters were dragged to court over the incident.

Meanwhile commenting on the issue of all Manicaland magistrates refusing to hear the case, the Zimbabwe Human Rights NGO Forum said it viewed with grave concern such reports.

The coalition of 16 NGOs said: “The conduct by the magistrates in Manicaland is further testimony of the current undesirable situation that exists in Zimbabwe where the independence of the judiciary has been compromised by the interference of the Executive. This also goes against the doctrine of the Rule of Law, which advocates for an independent judiciary free from influence from other quarters most, particularly the Executive. In this instance, the withdrawal of the charges against the Minister of Justice, Legal and Parliamentary Affairs seems to imply that the Minister is above the law. The right to equality before the law is fundamental to any just and democratic society and is a pillar upon which the doctrine of the Rule of Law is founded.”

The Forum urged the Zimbabwe government to take positive steps to ensure that the doctrine of the Rule of Law is upheld at all times and that due process of the law is followed.

“While we welcome the report that a retired magistrate will now preside over the case in question, it is still a matter of grave concern that the current bench has declined to preside in this matter.”