Opposition activists free at last

The High Court has upheld an application for review filed by three opposition activists, Denford Ngadziore, Makomborero Haruziviishe, and Jonah Matoratora, who were charged with disorderly conduct in 2019. The three were arrested while entering the Harare Magistrates Court and faced charges related to singing abusive songs at the court's entrance.

In their application, the activists sought to challenge the ruling of Magistrate Standford Mambaje, who had dismissed their application for discharge at the close of the State's case. Justice Siyabona Musithu, who heard the application, ruled in their favor, finding that the magistrate had erred in his decision.

The activists were arrested on October 22, 2019, and charged with disorderly conduct for allegedly singing provocative songs against police officers at the entrance of the Harare Magistrates Court after being denied entry for wearing jeans. The trio denied the charges, arguing it was a case of mistaken identity, and they were not part of the group singing the songs.

During the trial, which began in November 2019, the three made an application for discharge in March 2020, which was dismissed by Magistrate Mambaje. However, Justice Musithu found the evidence presented by the State to be insufficient to prove the allegations against the accused.

The judge noted that the evidence provided by the police officers involved in the case was inconclusive, as none of them claimed to have arrested the activists. One of the officers even disowned her statement, alleging it had been tampered with. The investigation officer who allegedly altered the statement was not called to testify as a State witness.

Justice Musithu emphasized that the State had failed to call independent witnesses, such as journalists who were reportedly covering the demonstration, to substantiate the claims against the activists. The judge also pointed out that the applicants' defense, which stated that they were mistakenly identified by the officers, had not been rebutted by the State.

As a result, Justice Musithu ruled that the application for review succeeded, and the previous decision to put the activists to trial was set aside. The trio was discharged and acquitted, with no order for costs.

The ruling represents a significant victory for the opposition activists, who have long maintained that they were unjustly targeted. Haruziviishe, who is currently studying in Europe after being granted asylum, was not present for the hearing.

The decision marks a key moment in the ongoing legal battles faced by opposition figures in Zimbabwe.