The Financial Gazette

Tinashe Madava, Staff Reporter

VICE President Joice Mujuru’s family is weighing possible options as it desperately seeks to unravel the mystery surrounding the macabre death, in an unexplained inferno, of retired army general Solomon Mujuru.
It emerged yesterday that lawyers representing the Mujuru family were seriously contemplating approaching the co-Home Affairs Ministers, Kembo Mohadi and Theresa Makone, over the possibility of exhuming the remains of the late general. But this option hinges on the outcome of the findings of the inquest, which ended at the Harare Magistrates Courts on Tuesday.
While it is not immediately clear when magistrate, Walter Chikwanha, would deliver his ruling on the findings of the inquest, which took nearly three weeks and saw 39 witnesses taking the stand, experts indicated there were few options for the Mujuru family as the presiding officials had the last say.
Evidence led before the coroner in the past three weeks has shown that from the witnesses to the legal teams, the controversy surrounding the fate of the late Mujuru continues to puzzle as more revelations surface.
Thekor Kewada, the lawyer representing the Mujuru family, on Tuesday denied ever making an application for the exhumation of the late general’s remains, saying if this was the case the magistrate would have directed him to put it in writing. But this did not happen.
Kewada said he was awaiting the delivery of the eagerly awaited findings before considering making an application for the possible exhumation of the late general’s remains.
“I did not make an application as such for exhuming the body to the magistrate. The South African pathologist (Reggie Perumal) said the best thing was to have a second post mortem. This implies exhumation . . . I said, we will be making an application to exhume to the Minister of Home Affairs, not to him (the magistrate) because the Inquest Act says that is what one should do,” said Kewada.
A section of the Inquest Act reads: “If the body is interred in a cemetery . . . such body may only be disinterred upon the order of the Minister of Home Affairs.”
Kewada’s claims deepen the mystery behind the late liberation war hero’s fate and brings to the fore the legal drama that played out over the three weeks that the inquest took place.
Magistrate Chikwanha on Monday determined that his court was not empowered to grant an order for exhumation and, as such, he was not going to be arm twisted into doing so.
In his ruling, Chikwanha berated Kewada for “putting the cart before the horse” through his request to bring another pathologist when his court was still yet to analyse the evidence brought in by Cuban doctor, Gabriel Aguero Alvero, who conducted the post-mortem.
Chikwanha said Kewada was violating provisions of the Inquest rules, which state that “no person shall be allowed to address the magistrate as to the facts”.
He cited submissions made by Kewada while requesting permission to bring in a South African pathologist as tantamount to pre-emptying his ruling on the matter.
But Kewada revealed to The Financial Gazette that the issue of bringing in Perumal was discussed and agreed upon by the prosecutors, Chikwanha and himself.
“I discussed with the prosecutors and said to them my client would feel very comfortable if we could call another pathologist…the magistrate said put your application in writing. I did and gave copies to the prosecutors and the magistrate on 25 January,” said Kewada.
“The application was to request the magistrate to invite Dr Perumal,” he added.
Kewada explained that he was aware the Inquest Act empowered only the magistrate, sitting as a coroner during an inquest, to call witnesses.
This has added further to the court drama that unfolded over the past three weeks as Kewada claims that he was given the green light to consult with Perumal during the inquest. He did admit, however, that the family brought in Perumal on its own.
“The magistrate left me with the impression that I could call anyone I wanted and they sit at the back and feed me with questions. He even said they could even ask questions directly. I verified with the prosecutors about calling the experts and having the expert ask questions directly,” added Kewada.
“The magistrate later said no (to having the expert ask questions) citing the Inquest Act, which states that only “properly interested persons” could ask the witnesses questions.”
He explained that in the magistrate’s opinion, a “properly interested person” was a member of the family.
Kewada further charged that the magistrate could have stopped him asking questions on fact during the inquest and directed him.
This, he explained, was because of the consultations he (Kewada) was having with Perumal.
“We raise questions whether it was the general’s body that was buried. What tests do you carry out; he said oh, everybody told me it was the general’s body. He is a pathologist man, he should not just listen to everybody,” charged Kewada, referring to Alvero.
Kewada indicated that VP Mujuru and her entire family would wait for the outcome of the inquest before deciding their next move.
“We will not put the cart before the horse. It would be improper. If the magistrate’s findings are that it is necessary to have a second post mortem, then I don’t have to make an application (for exhumation). But if it is to say the inquest is over then I will discuss this with         my client. One must be able to leave the        general public with the impression that everything has been done that could possibly be done.
“One hopes we will get a report, we will pay for it if we have to,” said Kewada after being probed on whether the Inquest Act compelled the Attorney General to make the inquest report public.
The inquest has witnessed a record 39 witnesses giving evidence to clarify issues on the possible cause of death of the late retired general at his Alamein Farm in Beatrice on August 16, 2011.
Mujuru, a veteran of the liberation war against the whites-only government in former Rhodesia, was regarded as one of the most influential and wealthy figures in Zimbabwe.
Observers considered him a king-maker within the ZANU-PF party. He was reportedly pushing for his wife, Joice — one of two vice-presidents — to become the country’s leader after President Robert Mugabe.
A police statement at the opening of the inquest stated there was no evidence of foul play, but the 39 witnesses who gave testimonies at the hearings painted a more complex picture.
During the three-week inquest it emerged that the police had mishandled crucial evidence, using a contaminated plastic shopping bag to bundle up the remains of Mujuru’s carbonised body.
His security guards were unprepared for the fire, lacking even radio equipment to call for help, the commission was also told.
The fire department too was tardy in responding. The truck that eventually arrived was useless, as it had a leak in its water tank and showed up empty.
Further fuelling suspicion of foul play, Mujuru’s housekeeper, Rosemary Shoti, said she heard gunshots two hours before the fire was discovered.
Police pathologist, Alvero, even admitted he was uncertain the corpse he examined was that of the general, as he lacked equipment and access. — Additional reporting by SAPA.