Chihuri, Tomana Expected Back In Court After Supreme Court Orders Retrial

Former Prosecutor-General Johannes Tomana and former Zimbabwe Republic Police (ZRP) Commissioner-General Augustine Chihuri are expected back in court after the Supreme Court referred back to trial the case in which the duo are facing a $400 000 suit for the unlawful arrest and prosecution of  Harare lawyer, Mr Mordecai Pilate Mahlangu, senior partner at Gill, Godlonton and Gerrans.

Mahlangu was a key witness in the trial of the late former MDC-T treasurer Roy Bennett for terrorism nine years ago. He was arrested in November 2009 and spent a night in police cells after he prepared an affidavit indicating that Mutare arms dealer Michael Peter Hitschmann was not going to testify because the evidence that the State recorded was obtained through torture. Mahlangu was accused of having written the affidavit on Hitschmanns’ behalf and caused him to sign it when he approached him for advice. He was charged with trying to obstruct the course of justice.

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After his acquittal he sued Tomana and Chihuri along with two detectives; Henry Dowa and Clever Ntini for unlawful arrest. He lost his case in the High Court before Justice Priscilla Chigumba, who upheld the preliminary point raised by the quartet’ lawyers, who argued that their clients could not be sued in their personal capacities because the actions they were being sued for were done in the discharge of their official duties. The lawyers argued their clients should have been sued in their official capacity.

More: Herald

Augustine ChihuriJohannes TomanaPriscilla Chigumba

Augustine Chihuri is a retired Zimbabwe law enforcement officer and former Zimbabwe Republic Police Commissioner General. He is a war veteran who received his military training at Mgagao in Tanzania as well as the longest-serving police chief in Zimbabwe since Independence. On 13 November 2017... Read More About Augustine Chihuri

Johannes Tomana is an attorney and the former Prosecutor General in the Ministry of Justice, Legal and Parliamentary Affairs in the Republic of Zimbabwe. Tomana was appointed to this position in 2008 during the Government of National Unity era. He was the country's Attorney General... Read More About Johannes Tomana

Justice Priscilla Chigumba is a judge of the High Court of Zimbabwe and the Chairperson of the Zimbabwe Electoral Commission (ZEC). Justice Chigumba succeded Justice Rita Makarau as the chairperson of ZEC. Chigumba was appointed the chairperson of ZEC on 31 January 2018. Read More About Priscilla Chigumba

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