News / National
Gukurahundi genocide survivor loses court bid to stop exhumations
26 Sep 2020 at 08:32hrs | Views
BULAWAYO High Court judge, Justice Martin Makonese Friday dismissed with costs a case involving a Gukurahundi survivor, Charles Thomas, Zapu and Ibhetshu Likazulu who were seeking an interdict barring the government from exhuming Gukurahundi victims.
Early this month, the litigants filed an urgent application at the High Court, citing President Emmerson Mnangagwa, Home Affairs Minister Kazembe Kazembe, Jenni Williams and the Matabeleland Collective.
The litigants also cited National Peace and Reconciliation Commission (NPRC) Chairperson Retired Justice Sello Nare and the Commission as the 5th and 6th respondents.
In his judgment which was delivered, Justice Martin Makonese ruled the litigants failed to comply with the Constitution before approaching the court.
"The applicants did not seek the intervention of the 6th respondent (National Peace and Reconciliation Commission (NPRC). The issue of Gukurahundi and exhumations has to be dealt with carefully and in full compliance with the requirements of the law. The manner in which this application was rushed to court without following the provisions of the Constitution particularly section 252 (f) is deeply concerning," Justice said in his ruling.
"By his own admission, the 1st applicant asserts in paragraph 64 of the founding affidavit in clear and unambiguous terms that it is the 6th respondent who has the legal mandate to promote the programmes concerning peace and reconciliation in accordance with 252 (a) of the Constitution.
"One wonders why 1st applicant chose to file this urgent application before engaging the 6th respondent when he was well aware of the legal remedies available in the Constitution."
The judge also took a swipe at the litigants for failing to verify the authenticity of reports that the defendants were in indeed planning to exhume victims of the 1980s atrocities.
"Before concluding, I need to point out that it is not only presumptuous to allege that 1st respondent (Mnangagwa) sought to conduct exhumations. The suggestion by the applicants is fanciful, scurrilous and unjustified. Applicants took no time to inquire whether the media reports were accurate and how these exhumations would be carried out. As I pointed out during oral submissions by the parties, the issue of Gukurahundi is emotive and sensitive," said the judge.
Justice Makonese pointed out that any allegation of an illegal act made against the President, should not be made lightly more so, when it is shown that the alleged illegal acts have not even occurred.
Ibetshu Likazulu coordinator Mbuso Fuzwayo hinted that the applicants might consider appealing against the ruling.
"We will study the judgment. If it does not protect the victim and working for the perpetrator, we might appeal the judgment. The judiciary is now a weapon to silence anyone opposed to misgovernance that's why there are costs," said Fuzwayo told NewZimbabwe.com.
Early this month, the litigants filed an urgent application at the High Court, citing President Emmerson Mnangagwa, Home Affairs Minister Kazembe Kazembe, Jenni Williams and the Matabeleland Collective.
The litigants also cited National Peace and Reconciliation Commission (NPRC) Chairperson Retired Justice Sello Nare and the Commission as the 5th and 6th respondents.
In his judgment which was delivered, Justice Martin Makonese ruled the litigants failed to comply with the Constitution before approaching the court.
"The applicants did not seek the intervention of the 6th respondent (National Peace and Reconciliation Commission (NPRC). The issue of Gukurahundi and exhumations has to be dealt with carefully and in full compliance with the requirements of the law. The manner in which this application was rushed to court without following the provisions of the Constitution particularly section 252 (f) is deeply concerning," Justice said in his ruling.
"By his own admission, the 1st applicant asserts in paragraph 64 of the founding affidavit in clear and unambiguous terms that it is the 6th respondent who has the legal mandate to promote the programmes concerning peace and reconciliation in accordance with 252 (a) of the Constitution.
"One wonders why 1st applicant chose to file this urgent application before engaging the 6th respondent when he was well aware of the legal remedies available in the Constitution."
The judge also took a swipe at the litigants for failing to verify the authenticity of reports that the defendants were in indeed planning to exhume victims of the 1980s atrocities.
"Before concluding, I need to point out that it is not only presumptuous to allege that 1st respondent (Mnangagwa) sought to conduct exhumations. The suggestion by the applicants is fanciful, scurrilous and unjustified. Applicants took no time to inquire whether the media reports were accurate and how these exhumations would be carried out. As I pointed out during oral submissions by the parties, the issue of Gukurahundi is emotive and sensitive," said the judge.
Justice Makonese pointed out that any allegation of an illegal act made against the President, should not be made lightly more so, when it is shown that the alleged illegal acts have not even occurred.
Ibetshu Likazulu coordinator Mbuso Fuzwayo hinted that the applicants might consider appealing against the ruling.
"We will study the judgment. If it does not protect the victim and working for the perpetrator, we might appeal the judgment. The judiciary is now a weapon to silence anyone opposed to misgovernance that's why there are costs," said Fuzwayo told NewZimbabwe.com.
Source - newzimbabwe
