MLF treason suspects exported to Harare for trial

BULAWAYO - An acrimonious raw has erupted between lawyers representing Mthwakazi Liberation Front activists and the state over yesterday's arrest and indictment of the three treason suspects.

The suspects, Paul Siwela, Charles Thomas were, without the knowledge and or consultation of their lawyers,  re-arrested and taken to Khami Maximum prison after the state revoked their bail.

This has not gone down well with Sindiso Mazibisa of Cheda and Partners who wrote a scathing letter to the Attorney General's office fuming about his client's clandestine incarceration.  

In the letter, a copy which we have at hand, Mr Mazibisa said they were opposed to the exportation of the activists for trial in Harare.

He also made it clear that Abammeli Lawyers for Human Rights Network were going to strongly contest any movement of the suspects to Harare.

Furthermore, Mr Mazibisa argued that his clients were sick and in need of monitored medical attention and had families, friends and relatives in Bulawayo who needed to witness the trial.

In a Facebook post, Mazibisa appealed for prayers from those that identify with the cause of the treason trio and stated the state's case was going to fail. He posted in full:

"To those who care to listen. Paul Siwela, John Gazi, Charles Thomas of Mthwakazi Liberation Front have been indicted to face treason Charges on 7 February 2012. Their bail was revoked or cancelled today and they have been imprisoned at Khami Maximum prison pending trial. The indictment was a surprise attack by the state which did so in the absence of their lawyers and it having been agreed that indictments will be done by mutual arrangement to re instate their bail. Swiftly Team Abameli reacted by filing the bail applications and the Attorney General will respond tomoro via the Harare office as the Bulawayo office is spineless to make a respond.More hilarious is the state's position that the treason trio will be exported to Harare to stand trial. Are there no judges in Bulawayo and is there no High Court in Bulawayo. We need your prayers and if need be help if the treason trio is exported to Harare.We remain convinced that the mutating and silly treason charges will fail.to those who think otherwise continue dreaming ,when the acquittals come you will have a nightmare." he wrote.

Below we publish the unedited letter sent to the AG's office :

Dear Madam

Re: APPLICATION FOR RE-INSTATEMENT OF BAIL: HCB 12-14/12: (OUR CLIENTS PAUL SIWELA, JOHN GAZI AND CHARLES THOMAS)


The above matter refers and our clients' application filed on 19th January 2012.

We write to request your urgent response to the application for re-instatement of bail without delay, as the bail revocation was just a result of the indictment. Our clients never breached their bail conditions and are as a matter of fact and law entitled to re-instatement of their bail. We consider your position as factual that tomorrow morning you will revert to us on the Attorney General's position. On the indictment papers we note that:

1. Our clients will be sued and moved to the Harare High Court. Please assure us that there was a typographical error in the papers and a bona fide mistake on the part of the Magistrate who did the indictment.

We are disappointed that the indictment was done without notice to us, despite our prior communication with your office that we shall consult one another.

Your office is trying our clients (all three) for treason with a penalty of death. How does it happen anywhere in the world that people who face state sanctioned killing have to be given less than 30 days to prepare for their case.

Further how do they prepare for their trial while in custody with two of the Accused persons known not to be well and in obvious need of monitored medication.

May you therefore, liaise with your colleagues in Harare on two issues, namely:-

a) Consent to the re-instatement of bail and;
b) The confirmation that the issue of exporting Mr Siwela, Mr Gazi and Mr Thomas to Harare will not happen.

For the record, our client will contest at every level, corner, street, and avenue movement to Harare as Bulawayo also has a High Court and we as the Defence Team will not travel to the Harare high court for any hearing.

Our clients' have friends, family and relatives who want to witness the trial or whatever proceedings and your office will not prejudice them.

Our clients' doctors are based in Bulawayo and by the way whatever happened to the presumption of innocence until proven guilty. We have many things to say to your office about our clients' harassment and intimidation by the state that we shall save the strong words for another day.

We have out of abundance of caution prepared a certificate of urgency to speed up the hearing of the by 20th January 2012.

Yours faithfully

MR S.S. MAZIBISA
CHEDA AND PARTNERS
cc Client
cc Abammeli Human Rights Lawyers Network

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