High Court Reserves Judgment In Commission Of Inquiry Challenge

HIGH Court Judge Justice David Mangota on Wednesday 31 October 2018 reserved judgment after presiding over the hearing and determination of an application filed by a relative of a shooting victim of the August 2018 violence, challenging the legality of President Emmerson Mnangagwa’s executive decision to appoint the Commission of Inquiry set up to probe the post-election violence including its composition.

Justice Mangota reserved ruling after hearing 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), who are represented by Advocate Eric Matinenga instructed by Chris Mhike of Zimbabwe Lawyers for Human Rights, are 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, former South African leader Kgalema Motlanthe, who heads the Commission of Inquiry, 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.

Charles, lost a brother Gavin Dean on 1 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.

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