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MDC-T MP and 6 activists to remain behind bars until tomorrow
21 Aug 2014 at 07:17hrs | Views
MDC-T MP for Harare Ronia Bunjira and six other party activists, who allegedly attacked police officers with stones after they tried to stop their unsanctioned demonstration recently, will remain behind bars until tomorrow pending the determination of their bail application.
Bunjira (49) got into Parliament through proportional representation.
It is alleged that Bunjira together with 40 other party activists, obstructed free movement of people and traffic as they demonstrated holding placards.
The police managed to arrest Bunjira, Stanley Manyenga (32), Keith Charumbira who is a pastor, Danmore Tshuma (34), Stewart Gwebe (24), Linnete Chibinya (30) and Bridget Nyandoro (29).
Through their lawyer Mr Obey Shava of Mbidzo, Muchadehama and Makoni, the group also made an application for referral of their matter to the Constitutional Court.
They raised constitutional issues, which they said could only be dealt with at the highest Court.
"The constitutional challenge will be premised upon the provisions of Section 59 of the Constitution of Zimbabwe, which provides for the right to demonstrate and petition," Mr Shava said.
He said the incarceration of his clients was in violation of their constitutional right to demonstrate. Shava said it was imperative for the court to refer the matter to the Constitutional Court for the determination of the issues that he raised.
Magistrate Mr Vakayi Chikwekwe will also pass his ruling on Friday on whether or not the case should be referred to the Constitutional Court.
In opposing bail prosecutor Ms Barbra Ndoro, said the accused persons were likely to abscond if granted bail considering that they face up to 10 years in prison if convicted.
"Some of the accused persons are employed by the MDC-T which has branches all over the world hence these branches can facilitate their relocation away from the jurisdiction of the court.
"Accused persons have a misinterpretation of the constitutional provision to the right to demonstrate, which provides that it should be done peacefully but accused persons abused this right and perpetrated violence on the police," she said.
On the other hand Mr Shava maintained that his clients were proper candidates for bail arguing that the State's fears could be dealt with by bail conditions.
It is alleged that on August 18 at around 11am MDC-T supporters gathered at Harvest house with intentions to carry out a demonstration.
Their placards, the court heard, were written "we demand our jobs now" "We want our jobs now" and "Release our leader."
The group marched from Harvest house, their party's headquarters going around town before they were stopped by police officers at the intersection of Jason Moyo and Julius Nyerere streets.
Without being provoked, it is alleged the group started attacking the police officers with stones, leading to one of the police officers sustaining injuries on his face and back.
Bunjira (49) got into Parliament through proportional representation.
It is alleged that Bunjira together with 40 other party activists, obstructed free movement of people and traffic as they demonstrated holding placards.
The police managed to arrest Bunjira, Stanley Manyenga (32), Keith Charumbira who is a pastor, Danmore Tshuma (34), Stewart Gwebe (24), Linnete Chibinya (30) and Bridget Nyandoro (29).
Through their lawyer Mr Obey Shava of Mbidzo, Muchadehama and Makoni, the group also made an application for referral of their matter to the Constitutional Court.
They raised constitutional issues, which they said could only be dealt with at the highest Court.
"The constitutional challenge will be premised upon the provisions of Section 59 of the Constitution of Zimbabwe, which provides for the right to demonstrate and petition," Mr Shava said.
He said the incarceration of his clients was in violation of their constitutional right to demonstrate. Shava said it was imperative for the court to refer the matter to the Constitutional Court for the determination of the issues that he raised.
In opposing bail prosecutor Ms Barbra Ndoro, said the accused persons were likely to abscond if granted bail considering that they face up to 10 years in prison if convicted.
"Some of the accused persons are employed by the MDC-T which has branches all over the world hence these branches can facilitate their relocation away from the jurisdiction of the court.
"Accused persons have a misinterpretation of the constitutional provision to the right to demonstrate, which provides that it should be done peacefully but accused persons abused this right and perpetrated violence on the police," she said.
On the other hand Mr Shava maintained that his clients were proper candidates for bail arguing that the State's fears could be dealt with by bail conditions.
It is alleged that on August 18 at around 11am MDC-T supporters gathered at Harvest house with intentions to carry out a demonstration.
Their placards, the court heard, were written "we demand our jobs now" "We want our jobs now" and "Release our leader."
The group marched from Harvest house, their party's headquarters going around town before they were stopped by police officers at the intersection of Jason Moyo and Julius Nyerere streets.
Without being provoked, it is alleged the group started attacking the police officers with stones, leading to one of the police officers sustaining injuries on his face and back.
Source - The Herald
