News / National
Mawarire remanded in custody to February 17
04 Feb 2017 at 03:24hrs | Views
Harare - Magistrate Elisha Singano of the Harare Magistrates Court remanded #ThisFlag founder and activist, Pastor Evan Mawarire in custody until February 17 and advised the cleric to approach the High Court for bail.
Mawarire appeared in court room 6 facing on charges of subverting a constitutional government, inciting public violence and insulting the Zimbabwean flag.
The state argues that the charges emanate from the fact that Mawarire organised the #shutdown protest in which he called for people to boycott work, resisted the introduction of bond notes and opposed the promulgation of Statutory Instrument 64 of 2016.
Singano said there was a reasonable suspicion that Mawarire had committed a crime and ordered that he be placed on remand and in custody as the state prepares its case for trial.
Prosecutors Edmore Nyazamba and Tapiwa Kasema argued on behalf of the state that Mawarire's actions amounted to subverting a constitutional government as defined by Section 22 of the Criminal Codification and Reform Act.
The cleric was represented by Harrison Nkomo and Jeremiah Bhamu of the Zimbabwe Lawyers for Human Rights (ZHLR), who argued that Mawarire's actions were peaceful, within his constitutional rights, and did not amount to subversion of a constitutional government.
Nkomo said that Mawarire had the right to freedom of expression as provided for in Section 61 and pointed to the fact that section 61 (d) allowed him to challenge the policies of government as long as his actions were peaceful.
The defence counsel complained that Mawarire was arrested by nine members of the Central Intelligence Organisation (CIO) who interrogated him without identifying themselves violating the lawful process of arrest.
Mawarire was arrested on Wednesday late afternoon at the Harare International airport as he returned to Zimbabwe after six months of self-imposed exile.
Mawarire appeared in court room 6 facing on charges of subverting a constitutional government, inciting public violence and insulting the Zimbabwean flag.
The state argues that the charges emanate from the fact that Mawarire organised the #shutdown protest in which he called for people to boycott work, resisted the introduction of bond notes and opposed the promulgation of Statutory Instrument 64 of 2016.
Singano said there was a reasonable suspicion that Mawarire had committed a crime and ordered that he be placed on remand and in custody as the state prepares its case for trial.
The cleric was represented by Harrison Nkomo and Jeremiah Bhamu of the Zimbabwe Lawyers for Human Rights (ZHLR), who argued that Mawarire's actions were peaceful, within his constitutional rights, and did not amount to subversion of a constitutional government.
Nkomo said that Mawarire had the right to freedom of expression as provided for in Section 61 and pointed to the fact that section 61 (d) allowed him to challenge the policies of government as long as his actions were peaceful.
The defence counsel complained that Mawarire was arrested by nine members of the Central Intelligence Organisation (CIO) who interrogated him without identifying themselves violating the lawful process of arrest.
Mawarire was arrested on Wednesday late afternoon at the Harare International airport as he returned to Zimbabwe after six months of self-imposed exile.
Source - ZimRights
