Epworth residents acquitted after by-elections campaign arrest

HARARE Magistrate Ruth Moyo on Thursday 22 September 2022 acquitted three residents of Epworth, who had been on trial answering to public violence charges after they were arrested during the run-up to the 26 March 2022 by-elections.

The Epworth residents, Nobody Makoni aged 52 years, Agnes Mabhena aged 48 years and Patricia Zihanzu aged 50 years, were standing trial at Harare Magistrates Court after they were arrested on 27 February 2022 while conducting a door to door political campaign to mobilse support for their opposition Citizens Coalition for Change political party candidates and charged with public violence as defined in section 36(1) of the Criminal Law (Codification and Reform) Act.

During trial, prosecutors alleged that while at Belapedzi Farm in Epworth, Makoni, Mabhena and Zihanzu unlawfully and forcibly disturbed the peace, security and order of the public to a serious extent by assaulting Stanley Muchemwa, a ruling ZANU PF party supporter, who was reportedly walking from his residence. Muchemwa, prosecutors alleged, sustained injuries after being assaulted by a metal golf stick, open palms and booted feet.

But on Thursday 22 September 2022, Magistrate Moyo set the trio free after acquitting them at the close of the prosecution case as their lawyer Gift Mtisi of Zimbabwe Lawyers for Human Rights argued during trial that Makoni, Mabhena and Zihanzu were actually the victims of assault by some ZANU PF party supporters and had been targeted for their affiliation to CCC political party, which is a rival to the ruling political party. Magistrate Moyo agreed with Mtisi's submissions while prosecutors conceded that they had failed to prove a prima facie case against the three Epworth residents.