The High Court of Bulawayo has given the police 72 hours to investigate the whereabouts of Tawanda Muchehiwa, a nephew to investigative journalist and ZimLive editor, who was allegedly abducted by suspected State security agents.
Muchehiwa was allegedly abducted together with Amandlenkosi Mathuthu and Advent Mathuthu on July 30 and has not been seen since.
His lawyer Nqobani Sithole of Ncube Attorneys then filed a filed a habeas corpus application at the High Court to compel the police to release Muchehiwa.
In his ruling, High Court Justice Martin Makonese ruled in favour of the applicant and ordered Muchehiwa to be brought before the magistrate courts within three days from 1 August.
“The respondents be and are hereby ordered and directed to investigate the whereabouts of Tawanda Muchehiwa and produce them at the magistrate’s court, Tredgold Building, within 72 hours of granting of this order. The 72 hours aforementioned shall commence to run from14:00hrs on Saturday August 1, 2020,” the Judge said.
“The detention of Tawanda Muchehiwa by the police be and is hereby declared illegal and unlawful and the detainee be released forthwith.”
The Officer in Charge of CID Law and Order section Bulawayo province was cited as the first respondent while Officer Commanding Police Bulawayo province was cited as the second respondent.
Police raided Mathuthu’s house in Mahatshula North suburb on Thursday afternoon accusing the renowned journalist of keeping and manufacturing subversive materials and allegedly inciting Zimbabweans to engage in public violence on 31 July.
The police, after failing to apprehend the journalist at his home, took in his sister into custody and later released her.
His other nephew, Advent, appeared in court yesterday facing a charge of inciting public violence and was released on free bail.