Inquest to determine Mujuru died before or during the fire stalling

HARARE - Attorney-general Johannes Tomana told a local newpaper that the inquest expected to determine whether the retired army General Solomon Mujuru died before or during the fire has to be done by the magistrate before the judicial inquiry.

Pressed further on the unconscionable sloth or delay, Tomana retorted: "I wouldn't know. Why? Because it's now at the discretion of the judiciary that should appoint the date and call for the hearing."

On the other hand, police spokesman Wayne Bvudzijena and chief magistrate Mishrod Guvamombe yesterday declined to comment on the issue, with latter referring questions to the Judicial Services Commission (JSC).

Rex Shana, the JSC's deputy secretary, told the Daily News that the process currently underway was just an inquiry and not an inquest.

"According to the Inquest Act, the police submit documents which are just read through," Shana told the Daily News.

"The magistrate just confirms. The first stage is called an inquiry when nobody is involved. The magistrate reads the papers; he makes certain comments to the police whether they should carry out further investigations or something. It ends there, okay. So that is the position. If there will be an inquest, everybody will know," he said.

While Bvudzijena said the matter was now up to the courts, Shana said an inquest could only take place after police submitted a sudden death docket.

An inquest is a judicial investigation conducted by a judge or government official into sudden and unexplained deaths.

Mujuru, a key figure in Zanu PF's in-house combat over President Robert Mugabe's succession, was 67 when he died in August and his wife Vice-President Joice Mujuru says she is still in the dark about the inquest.

In October, commissioner-general Augustine Chihuri and head of the Zimbabwean police said an official probe had been completed and the findings sent to the courts, but the courts are yet to confirm if they received the report.

The explosive report is a culmination of a forensic inquiry, including a post-mortem and witness statements from at least 23 people, three officers manning his Mashonaland East property and other police deductions.

The coroner confirmed the identity of the deceased as Mujuru, even though he was burnt to a cinder and there were no known forensic tests done to determine if the remains recovered from the inferno really belonged to Mujuru.

Police have since issued a statement confirming gags over the issue, saying they cannot say anything on this subject ostensibly because it was still before the courts.

There is widespread suspicion of foul play in the death of Mujuru, who headed a powerful Zanu PF faction of doves which wanted his wife Joice to take over from Mugabe as party and state president.

The faction is reportedly locked in a vicious battle with another headed by Defence Minister Emmerson Mnangagwa.

Mujuru was popularly known by his nom de guerre Rex Nhongo and few believe Zimbabwe's most decorated general died in the fire accident, but was killed in a political conspiracy.

"The old adage that 'justice delayed is justice denied' is nowhere more appropriate than in the Magistrates' Court which in this case represents the Mujuru family's last chance to achieve an outcome that offers closure to a most painful episode in their lives," said a senior Zanu PF member, who declined to be named on grounds of party protocol and fear of reprisals.

"In the present case, I am not satisfied that everything possible was done to secure a prompt outcome to the inquest proceedings. It is worrying that two months have now elapsed since this inquest was first announced and no substantive progress has yet been made in that inquest hearing," he said.

Mujuru's wife recently said at a donation of fire tenders to the Harare City Council that she was still waiting for answers.