News / National
Kudzi Chipanga seeks permanent stay of prosecution
26 Oct 2018 at 07:16hrs | Views
Former Zanu-PF youth leader Kudzanai Chipanga has petitioned the High Court, seeking permanent stay of prosecution on charges of communicating falsehoods, causing dissatisfaction in the army and undermining public confidence in the Zimbabwe Defence Forces - arguing his rights were infringed during his arrest last year.
He filed the court application on Monday through his lawyer Lovemore Madhuku and cited the National Prosecuting Authority (NPA), the acting Prosecutor-General (PG) Kumbirai Hodzi and the Attorney-General (AG) Prince Machaya, as respondents.
"The State, represented by the first and second respondents (NPA and PG), unlawfully arraigned me before the magistrates' court well knowing that I had been unlawfully arrested by the State agents and detained for a period in excess of 48 hours, and that during the arrest and detention, I was subjected to inhuman and degrading treatment," Chipanga said.
In his founding affidavit, Chipanga said upon his arrest, he was detained for nine days without trial, contrary to section 49(a) of the Constitution and was neither informed of the reasons why he had been arrested by the State agents, contrary to section 50(i) of the Constitution.
"This is a constitutional application for a declaratory order. The declaration sought is for a permanent stay of my prosecution in the following pending criminal prosecution CRB 11635/17. I am seeking an order declaring that my rights were infringed by the State," he said.
"My right to personal liberty, my right to be informed at the time of arrest of the reason for the arrest, my right while under arrest to be treated humanely and with respect for my inherent dignity. The State agents detained me for nine days without trial, contrary to section 49(a) of the Constitution. The State agents deprived me of my liberty without just cause, contrary to section 49(b) of the Constitution. The State agents arrested me without informing me of reasons for the arrest, contrary to section 50(i) of the Constitution."
Chipanga, who is also former Makoni West MP, also said the State treated him cruelly during his arrest, adding it was unconstitutional.
The matter is yet to be set down for hearing.
He filed the court application on Monday through his lawyer Lovemore Madhuku and cited the National Prosecuting Authority (NPA), the acting Prosecutor-General (PG) Kumbirai Hodzi and the Attorney-General (AG) Prince Machaya, as respondents.
"The State, represented by the first and second respondents (NPA and PG), unlawfully arraigned me before the magistrates' court well knowing that I had been unlawfully arrested by the State agents and detained for a period in excess of 48 hours, and that during the arrest and detention, I was subjected to inhuman and degrading treatment," Chipanga said.
In his founding affidavit, Chipanga said upon his arrest, he was detained for nine days without trial, contrary to section 49(a) of the Constitution and was neither informed of the reasons why he had been arrested by the State agents, contrary to section 50(i) of the Constitution.
"This is a constitutional application for a declaratory order. The declaration sought is for a permanent stay of my prosecution in the following pending criminal prosecution CRB 11635/17. I am seeking an order declaring that my rights were infringed by the State," he said.
"My right to personal liberty, my right to be informed at the time of arrest of the reason for the arrest, my right while under arrest to be treated humanely and with respect for my inherent dignity. The State agents detained me for nine days without trial, contrary to section 49(a) of the Constitution. The State agents deprived me of my liberty without just cause, contrary to section 49(b) of the Constitution. The State agents arrested me without informing me of reasons for the arrest, contrary to section 50(i) of the Constitution."
Chipanga, who is also former Makoni West MP, also said the State treated him cruelly during his arrest, adding it was unconstitutional.
The matter is yet to be set down for hearing.
Source - newsday
