News / National
Zimbabwe court frees informal sector traders nabbed during dragnet arrests
14 Jan 2016 at 06:09hrs | Views
The Zimbabwe Lawyer for Human Rights (ZLHR) has reported that Magistrate Arnold Maburo on Tuesday 12 January 2016 set free 14 Harare residents including some informal sector traders who were picked up during a dragnet arrest effected by Zimbabwe Republic Police (ZRP) officers last month and charged with violating the country's road traffic laws.
"ZRP officers on Thursday 17 December 2015 arrested 14 residents together with some informal sector traders among them Kizito Kavuno, Samson Dumbura, Evans Mateta and Benny Mutize in central Harare and charged them with contravening Section 40 of the Road Motor Transportation Act, Chapter 13:15 for allegedly touting for customers," said ZLHR.
The lawyers said Magistrate Maburo on Tuesday 12 January 2016 set the informal sector traders free after their lawyer Sharon Hofisi of Zimbabwe Lawyers for Human Rights filed an application for refusal of further remand on the basis that the State's house was not in order and this had led to the false start of their trial as State witnesses failed to turn up in court.
"Hofisi, who intervened in the matter after ZRP officers violated the accused persons' rights by arresting them without first conducting thorough investigations, argued that since the State as the dominant litigant was not ready to proceed with the trial, the residents and informal sector traders could not be remanded further when the State has not put its house in order. The human rights lawyer also argued that three of the accused persons who spent the festive season while in prison custody after failing to raise $20 bail could not be punished further as doing so would be to the detriment of justice and the rule of law," said ZLHR.
"In the end Magistrate Maburo granted Hofisi's application for refusal of further remand as the State represented by Oscar Madhume of the National Prosecuting Authority did not oppose the application."
ZLHR said Magistrate Maburo advised the State to proceed by way of summons once it has sorted the mess in its house and when ready to prosecute the informal sector traders and the residents.
"ZRP officers on Thursday 17 December 2015 arrested 14 residents together with some informal sector traders among them Kizito Kavuno, Samson Dumbura, Evans Mateta and Benny Mutize in central Harare and charged them with contravening Section 40 of the Road Motor Transportation Act, Chapter 13:15 for allegedly touting for customers," said ZLHR.
The lawyers said Magistrate Maburo on Tuesday 12 January 2016 set the informal sector traders free after their lawyer Sharon Hofisi of Zimbabwe Lawyers for Human Rights filed an application for refusal of further remand on the basis that the State's house was not in order and this had led to the false start of their trial as State witnesses failed to turn up in court.
"Hofisi, who intervened in the matter after ZRP officers violated the accused persons' rights by arresting them without first conducting thorough investigations, argued that since the State as the dominant litigant was not ready to proceed with the trial, the residents and informal sector traders could not be remanded further when the State has not put its house in order. The human rights lawyer also argued that three of the accused persons who spent the festive season while in prison custody after failing to raise $20 bail could not be punished further as doing so would be to the detriment of justice and the rule of law," said ZLHR.
"In the end Magistrate Maburo granted Hofisi's application for refusal of further remand as the State represented by Oscar Madhume of the National Prosecuting Authority did not oppose the application."
ZLHR said Magistrate Maburo advised the State to proceed by way of summons once it has sorted the mess in its house and when ready to prosecute the informal sector traders and the residents.
Source - Byo24News
