News / National
Zimbabwe exhumations are a Private Adventure!
08 Apr 2011 at 04:23hrs | Views
THE ongoing controversial exhumations in Mashonaland Central, Zimbabwe are a private affair unknown to government, a High Court judge has said.
According to a judgment by Justice Nicholas Mathosi - the exhumations are clandestinely done with no experts and are a tantamount to interference with crime scene evidence of crimes against humanity.
The judgment was handed down in motion court by Justice Lawrence Kamocha and the respondents in the matter have ten court days within which to oppose confirmation of the final order.
This comes after the ZPRA Veterans Trust approached the High Court of Zimbabwe in Bulawayo on an urgent basis seeking an order to "stop forthwith and desist from conducting any exhumations of the remains of persons" found in a disused mineshaft in Mount Darwin, Mashonaland Central and "anywhere else" in Zimbabwe.
Reads the judgment (Record HB 61 / 11 CASE No. HC 880 / 11) in part:
"The exhumations process that is going on has excluded the Applicant and other interested parties and the government is not involved making it a private adventure of the 1st and 2nd Respondents. As already stated, none of the Respondents have contested these claims. In the absence of any opposition, I have no reason to disbelieve the Applicant and I am indeed satisfied that the Applicant has made out a case for the grant of the interim order sought," reads the judgement.
The organisation argued that the ongoing exhumations are tantamount to interference with crime scenes, contamination and destruction of important evidence that can tell who killed who and when and that they are being done clandestinely in violation of set rules of conducting exhumations.
Advocate Lucas Nkomo of Abammeli Human Rights Lawyers Network instructed by Sindiso Mazibisa of Cheda and Partners Legal Practitioners appeared for ZPRA Veterans Trust in chambers.
In an interview after the hearing - Mr Mazibisa said: "We confirm that Justice Mathonsi has granted an interim order barring the Fallen Heroes Trust, George Rutanhire and anyone acting for either from exhuming any corpses in Mashanalnad Central or anywhere in Zimbabwe without complying with all set standards and laws," he said.
In the suit, case number HC 880 / 11, the Fallen Heroes Trust, George Rutanhire, Co- Ministers of Home Affairs - Theresa Makone and Kembo Mohadi, Co-Ministers of National Healing - Sekai Holland, Mozes Mzila Ndlovu and Vice President John Landa Nkomo and the Joint Monitoring and Implementation on Committee (JOMIC) are cited as first, second, third , fourth, fifth, sixth and seventh respondents respectively.
The war veterans, all from the Zimbabwe People's Revolutionary Army have argued that the exhumations being conducted by the Fallen Heroes Trust and George Rutanhire and others are not part of any process set up and or agreed upon by the co-ministers of Home Affairs and or National Healing Reconciliation and Integration.
ZPRA was the military wing of the Zimbabwe People's Revolutionary Party led by the late former Vice President Joshua M Nkomo.
They stated that there are members of ZPRA who died or disappeared during the war of liberation and after independence in various parts of Zimbabwe including Mashonaland West and Central.
To this end they mentioned the ZPRA 21 infantry Battalion which was based in Mount Darwin who died and other disappeared during the ZPRA-ZANLA clashes at the time of demobilization at independence.
ZPRA says in its founding affidavit that it deserved to be consulted as an organization that was established to deal with matters of conflict resolution, rehabilitation, maintaining war time graves, shrines and monuments, reconciliation and national healing in Zimbabwe.
Further the organization has argued that the Fallen Heroes Trust and or George Rutahnire and others cannot prove whose remains they are exhuming as some of the alleged liberation war graves are of the Gugurahundi massacres and as such relatives and surviving families of those who died or disappeared during the Gugurahundi era have a "direct interest in and a right o take part or to be consulted' in any programme of exhumation of the remains of those who died or disappeared during the time.
Averred Lazarus Ncube of ZPRA " I am advised and I believe that for any exhumations of remains of persons who died during the pre-independence or post independence military or political hostilities to be carried out properly and scientifically, there must be a well planned process involving Forensic Anthropologists and complying with minimum standards as set out in the United Nations Model Protocol on the Forensic Investigation of Deaths Suspected to have been caused by Human Rights Violation, 2001.
"The 1st and 2nd Respondents are involved in the ongoing exhumations of the remains of persons who died during the prep-independence and post independence military and political hostilities without complying with the minimum standards of carrying out such a process. Despite not having carried out the requisite forensic investigations and anthropological analysis of the remains they have exhumed, 1st and w2nd Respondents have reportedly arrived at the conclusion that the remains of people who were killed by the Rhodesian forces, " argued ZPRA.
The organisation submitted that the "unscientific manner" in the exhumations are being carried out can only be described as "interference with crime scene, contamination and destruction of evidence" which could have been recovered through proper scientific exhumations involving all relevant stakeholders in the country.
The co-ministers of Affairs and National Healing and the JOMIC have been dragged into the lawsuit for failing and or neglecting to do anything about the unlawful and unprocedural exhumations.
To this end - Minister Mohadi has been quoted in the press confessing "ignorance" about the exhumations despite the fact that they are published in all media.
The ZPRA has argued that JOMIC and the said co-ministers have failed to discharge their functions and instead kept mum about an obvious violation of the law.
As such ZPRA sought an order granting relief by interdicting the Fallen Heroes Trust and George Rutanhire and their members from continuing with exhumations in Mount Darwin or anywhere in Zimbabwe - which they have got.
According to a judgment by Justice Nicholas Mathosi - the exhumations are clandestinely done with no experts and are a tantamount to interference with crime scene evidence of crimes against humanity.
The judgment was handed down in motion court by Justice Lawrence Kamocha and the respondents in the matter have ten court days within which to oppose confirmation of the final order.
This comes after the ZPRA Veterans Trust approached the High Court of Zimbabwe in Bulawayo on an urgent basis seeking an order to "stop forthwith and desist from conducting any exhumations of the remains of persons" found in a disused mineshaft in Mount Darwin, Mashonaland Central and "anywhere else" in Zimbabwe.
Reads the judgment (Record HB 61 / 11 CASE No. HC 880 / 11) in part:
"The exhumations process that is going on has excluded the Applicant and other interested parties and the government is not involved making it a private adventure of the 1st and 2nd Respondents. As already stated, none of the Respondents have contested these claims. In the absence of any opposition, I have no reason to disbelieve the Applicant and I am indeed satisfied that the Applicant has made out a case for the grant of the interim order sought," reads the judgement.
The organisation argued that the ongoing exhumations are tantamount to interference with crime scenes, contamination and destruction of important evidence that can tell who killed who and when and that they are being done clandestinely in violation of set rules of conducting exhumations.
Advocate Lucas Nkomo of Abammeli Human Rights Lawyers Network instructed by Sindiso Mazibisa of Cheda and Partners Legal Practitioners appeared for ZPRA Veterans Trust in chambers.
In an interview after the hearing - Mr Mazibisa said: "We confirm that Justice Mathonsi has granted an interim order barring the Fallen Heroes Trust, George Rutanhire and anyone acting for either from exhuming any corpses in Mashanalnad Central or anywhere in Zimbabwe without complying with all set standards and laws," he said.
In the suit, case number HC 880 / 11, the Fallen Heroes Trust, George Rutanhire, Co- Ministers of Home Affairs - Theresa Makone and Kembo Mohadi, Co-Ministers of National Healing - Sekai Holland, Mozes Mzila Ndlovu and Vice President John Landa Nkomo and the Joint Monitoring and Implementation on Committee (JOMIC) are cited as first, second, third , fourth, fifth, sixth and seventh respondents respectively.
The war veterans, all from the Zimbabwe People's Revolutionary Army have argued that the exhumations being conducted by the Fallen Heroes Trust and George Rutanhire and others are not part of any process set up and or agreed upon by the co-ministers of Home Affairs and or National Healing Reconciliation and Integration.
ZPRA was the military wing of the Zimbabwe People's Revolutionary Party led by the late former Vice President Joshua M Nkomo.
They stated that there are members of ZPRA who died or disappeared during the war of liberation and after independence in various parts of Zimbabwe including Mashonaland West and Central.
To this end they mentioned the ZPRA 21 infantry Battalion which was based in Mount Darwin who died and other disappeared during the ZPRA-ZANLA clashes at the time of demobilization at independence.
ZPRA says in its founding affidavit that it deserved to be consulted as an organization that was established to deal with matters of conflict resolution, rehabilitation, maintaining war time graves, shrines and monuments, reconciliation and national healing in Zimbabwe.
Further the organization has argued that the Fallen Heroes Trust and or George Rutahnire and others cannot prove whose remains they are exhuming as some of the alleged liberation war graves are of the Gugurahundi massacres and as such relatives and surviving families of those who died or disappeared during the Gugurahundi era have a "direct interest in and a right o take part or to be consulted' in any programme of exhumation of the remains of those who died or disappeared during the time.
Averred Lazarus Ncube of ZPRA " I am advised and I believe that for any exhumations of remains of persons who died during the pre-independence or post independence military or political hostilities to be carried out properly and scientifically, there must be a well planned process involving Forensic Anthropologists and complying with minimum standards as set out in the United Nations Model Protocol on the Forensic Investigation of Deaths Suspected to have been caused by Human Rights Violation, 2001.
"The 1st and 2nd Respondents are involved in the ongoing exhumations of the remains of persons who died during the prep-independence and post independence military and political hostilities without complying with the minimum standards of carrying out such a process. Despite not having carried out the requisite forensic investigations and anthropological analysis of the remains they have exhumed, 1st and w2nd Respondents have reportedly arrived at the conclusion that the remains of people who were killed by the Rhodesian forces, " argued ZPRA.
The organisation submitted that the "unscientific manner" in the exhumations are being carried out can only be described as "interference with crime scene, contamination and destruction of evidence" which could have been recovered through proper scientific exhumations involving all relevant stakeholders in the country.
The co-ministers of Affairs and National Healing and the JOMIC have been dragged into the lawsuit for failing and or neglecting to do anything about the unlawful and unprocedural exhumations.
To this end - Minister Mohadi has been quoted in the press confessing "ignorance" about the exhumations despite the fact that they are published in all media.
The ZPRA has argued that JOMIC and the said co-ministers have failed to discharge their functions and instead kept mum about an obvious violation of the law.
As such ZPRA sought an order granting relief by interdicting the Fallen Heroes Trust and George Rutanhire and their members from continuing with exhumations in Mount Darwin or anywhere in Zimbabwe - which they have got.
Source - Byo24News
