Mamombe, activists application thrown out

The application by five MDC-Alliance activists to refer their charges of staging an illegal demonstration in Harare during the high level lockdown in May last year to the Constitutional Court was rejected yesterday by Harare regional magistrate Mr Taurai Manwere.

Mr Manwere said the application lacked merit and was only made for annoyance.

Joana Mamombe, Stanley Manyenga, Cecilia Chimbiri, Lovejoy Chitengu and Makomborero Haruzivishe wanted the Constitutional Court to decide on whether their prosecution was not in violation of their freedom of expression and association.

The application prepared by lawyers Mr Alec Muchadehama and Mr Jeremiah Bamu was opposed by the State led by Mr Tafara Chirambira, who described it as frivolous and vexatious.

In its ruling, the court agreed with the State saying the application was made to cause "annoyance" and lacked merit before Monday next week as the start of the trial.

Mr Muchadehama indicated that the five intended to approach the Constitutional Court directly and highlighted that they could mount other applications before the trial opened and so the State should not expect to start the prosecution when everyone assembled again on Monday.

In a second set of charges against Mamombe and Chimbiri of faking abductions, the two said they were yet to finalise their application for the referral of those charges when they appeared before acting Chief Magistrate Mrs Faith Mushure.

Mamombe and Chimbiri, through their lawyers, indicated that they were yet to access the record, which they said would be used in preparation of their application.

Mrs Mushure had ordered the Clerk of Court to give the two the record for them to prepare their application.

The State led by Mr Michael Reza and Mr Tafara Chirambira agreed to postpone the matter to allow Mamombe and Chimbiri to access the record and prepare their application.

They are expected to return to court on Monday to make their application.