“The judge has ruled against us on virtually every matter. The judge refused to make a decision whether or not people who have been unlawfully kidnapped can be lawfully taken on remand and he said the remand court should deal with that. He has refused to order the police to bring before him evidence that they would have investigated what are admitted unlawful kidnappings,” said Beatrice Mtetwa who represented Mukoko in the court application.

Mukoko had sought the court to compel the state to disclose identities of security agents who kidnapped her early December and affect their arrest. However, in an affidavit, state security minister argued against the disclosure of the identities of state security agents saying it would jeopardize state security.

“He (judge) says he believes that the minister of state security is entitled to refuse to disclose the identities of state security agents if this will jeopardize state security. So in effect the High Court of Zimbabwe has said that if you are unlawfully kidnapped by state security agents the court cannot look into the legality of that if a government minister invokes state security as a reason for not disclosing who did the abductions,” said Mtetwa.

High Court judge Alpheus Chitakunye ruled that Jestina Mukoko can be taken to Avenues Clinic for the purposes of medical examination only and be taken back to Chikurubi Maximum prison where she is being kept.

“He (judge) has also made the order that if she is taken to Avenues clinic she should be taken just for the purposes of examination and that if those examinations determine that she requires to be admitted because admittedly the prison hospital does not have facilities, she should nevertheless be taken to prison. She has already been examined, we require her to go to Avenues because that is where there is equipment where she can properly be treated,’ Mtetwa said.

She said that taking the matter to another court in the country would likely result in more or less the same order. “The law has completely broken down in Zimbabwe if a High Court refuses to investigate and admitted kidnapping and refuses a patient the right to go to a medical institution where she will get treatment what else can we do? We have asked for a written order with reason and depending on those reasons we will then see what else we can do,” she said.

Mukoko appears before a magistrate court for remand on Monday.