Chibhebhe trial threatens to expose illegality of Mugabe’s laws

By Lance Guma
06 September 2006

It could be double whammy for Mugabe’s regime if lawyers representing Zimbabwe Congress of Trade Unions (ZCTU) Secretary General Wellington Chibhebhe have their way. What started out as an alleged attempt by the police to cover up the assault of the union leader is now threatening to snowball into a test case on the legality of both the Criminal Codification and Reform Act and Presidential Powers (Temporary Measures) (Currency Revaluation) Regulations 2006.

Chibhebhe is on trial for allegedly assaulting a police officer and resisting arrest at a roadblock manned by police searching for large sums of money under the controversial ‘project sunrise’ exercise launched by the Reserve Bank. Chibhebhe denies the charge and claims it’s actually the police officer that assaulted him. Alec Muchadehama the lawyer in the case has given notice to the Mbare magistrate court that they want the matter referred to the Supreme Court so as to challenge both the law being used to charge his client and the one that empowered the police to search Chibhebhe in the first place.

Prosecutor Edmore Nyazamba has indicated that they will oppose the request by the defence. Meanwhile Mbare magistrate Never Katiyo is expected to make a ruling on the application on Thursday. Muchadehama says they do not expect to get a negative decision unless the magistrate decides to take the view that ‘the application is frivolous or vexatious.’ This he says will require that they appeal, but either way the matter would wind up in the Supreme Court.

Police at a roadblock assaulted Chibhebhe before arresting him. According to ZCTU spokesman Mlamleli Sibanda, Chibhebhe was travelling from Masvingo to Harare over the Heroes holiday in August before being stopped. He is said to have challenged the legality of the currency searches at which point an officer throttled him and slapped him twice in the face while he was still sitting in the car wearing his seat belt. All this happened in front of his wife and children. The state media quickly went on the defensive with ZBC Radio reporting that he had been arrested for assaulting a police officer and refusing to co-operate at a roadblock.