High Court hears shooting victim’s challenge of Mnangagwa’s Commission of Inquiry

HIGH Court Judge Justice David Mangota will on Wednesday 10 October 2018 preside over the hearing and determination of an urgent chamber application filed by a relative of a shooting victim of the August 2018 violence, who is seeking to stop the Commission of Inquiry from probing the post-election violence until the completion of his court application challenging the composition of the probe team.

Justice Mangota will at 3:PM on Wednesday 10 October 2018 preside over the hearing of the urgent chamber application filed by Alison Charles, whose brother was shot and killed alongside six other civilians in post-election violence on 1 August 2018.

Charles and the counselling Services Unit (CSU) want the High Court to interdict President Emmerson Mnangagwa, former South African leader Kgalema Motlanthe, who heads the Commission of Inquiry and the Commission of Inquiry itself from operationalising and proceeding with the Commission of Inquiry purportedly appointed, gazetted and proclaimed by Mnangagwa pending the final determination of the High Court application, which they filed on Friday 14 September 2018, challenging the legality of Mnangagwa’s executive decision to appoint the Commission of Inquiry, its composition and its terms of reference.

Charles and CSU, who are the applicants have cited President Mnangagwa, Motlanthe, the Commission of Inquiry, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi, Home Affairs and Cultural Heritage Minister Cain Mathema, Defence and War Veterans Minister Oppah Muchinguri, Commissioner-General of Zimbabwe Republic Police Godwin Matanga, Commander of Zimbabwe Defence Forces Philip Sibanda, Attorney General Prince Machaya, Professor Lovemore Madhuku, Professor Charity Manyeruke, Zimbabwe Human Rights Commission and National Peace and Reconciliation Commission as respondents.

Through the urgent chamber application, Charles and CSU, who are represented by Chris Mhike of Atherstone and Cook and a ZLHR member lawyer, want the High Court to grant them permission to approach Judge President Justice George Chiweshe in a period of 10 days of the granting of the order sought with an application that their first petition be heard and finally determined as soon as may be directed by the Judge President.

Charles, lost a brother Gavin Dean on 01 August 2018 after he was shot dead by soldiers, who opened fire on ordinary citizens and opposition political party supporters in Harare during a post-election protest over the mismanagement of the 2018 harmonised elections.

Source: Zimbabwe Lawyers for Human Rights

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