Daily News
By Chengetai Zvauya, Staff Writer
20 April 2011
The wife of murdered MDC activist Patrick Nabanyama is suing the Attorney-General Johannes Tomana for refusing to prosecute the six war veterans and Zanu PF members who allegedly kidnapped and killed her husband 11 years ago.
Nabanyama’s widow, Patricia wants the attorney-general to immediately start proceedings to bring to justice the people accused of murdering her husband.
Nabanyama was the polling agent for the minister of education, sports and culture, David Coltart in the 2000 elections and he was abducted on June 19, 2000 at his home in Nketa.
Nine war veterans were initially implicated in the murder and were questioned by police but three of the alleged kidnappers have since died.
Nyabanyama was declared dead by the Bulawayo provincial magistrate Rose Dube, in October last year and this resulted in Patricia, applying to the attorney-general seeking the issuance of a certificate that allows her lawyers to carry out a private prosecution against her husband killers.
The Nabanyama family accuses the attorney-general of refusing to prosecute the six and has decided to sue Tomana to compel him to issue the certificate.
Contacted for comment, David Coltart, confirmed the legal action.
“It has been an on-going issue for a long time and I understand that suing the attorney-general is now one of the options being followed,†said Coltart.
Chief Law officer in the Attorney-General’s office, Chris Mutangadura confirmed that the Nabanyama family was suing the attorney-general but denied that they was refusing to issue the certificate of prosecution.
“We cannot sign the certificate because there is no docket concerning the death of Nabanyama, although he was declared dead by the magistrate.
“We cannot issue the certificate as we need to study the docket and decide whether to prosecute or not,†said Mutangadura.
A private prosecution follows when the attorney-general officially refuses to prosecute for whatever reason and then issues a certificate that allows one to engage another lawyer or prosecutor other that the attorney-general to deal with the case.
During the 2000 elections, many MDC supporters were murdered and the same happened in the 2008 elections.