News / National
Court dismisses police attempt to extend detention of human rights defenders
19 Nov 2016 at 19:14hrs | Views
The court on Saturday dismissed an application filed by Zimbabwe Republic Police (ZRP) officers seeking to extend the detention of six human rights defenders (HRDs), who were arrested on 18 November 2016 for allegedly participating in an anti-government protest.
ZRP officers had on Saturday petitioned Harare Magistrate Vakayi Chikwekwe seeking to be granted a warrant for further detention for the six HRDs beyond the prescribed 48 hours.
ZRP officers claimed that the six HRDs, who include Advocate Fadzayi Mahere aged 31 years, Nyasha Musandu aged 28 years, Henry Munangatire aged 32 years, Mudiwa Mahere aged 25 years, Talent Chademana aged 28 years, Thobekile Ncube aged 42 years, participated in a gathering with intend to promote public violence, breaches of the peace or bigotry as defined in Section 37 (1) (a) of the Criminal Law (Codification and Reform) Act Chapter 9:23 alternatively disorderly conduct in contravention of Section 41 of the Criminal Law (Codification and Reform) Act Chapter 9:23.
The HRDs, the ZRP officers claimed, gathered at Africa Unity Square in Harare on Friday 18 November 2016 with intent to promote public violence, breaches of the peace or bigotry by displaying some placards inscribed with protest messages against the imminent introduction of bond notes by the government.
Defence lawyers opposed the ZRP application arguing that the arrest and detention of their clients is unlawful since they were not advised of the reason of arrest upon being apprehended. Meanwhile, Magistrate Chikwekwe granted $50 bail to Pastor Philip Mugadza, who was arrested on Friday 18 November 2016 by ZRP officers for allegedly wearing the national flag without seeking permision from Zimbabwean authorities.
Pastor Mugadza, who was represented by Bamu, Shava and Chitiyo was ordered not to interfere with state witnesses and was remanded out of custody to Tuesday 29 November 2016.
Prosecutors claimed that Pastor Mugadza contravened Section 6 of the Flag Act by unlawfully and intentionally wearing or displaying the national flag without securing prior permission from the "secretary" as required by the Flag Act.
ZRP officers had on Saturday petitioned Harare Magistrate Vakayi Chikwekwe seeking to be granted a warrant for further detention for the six HRDs beyond the prescribed 48 hours.
ZRP officers claimed that the six HRDs, who include Advocate Fadzayi Mahere aged 31 years, Nyasha Musandu aged 28 years, Henry Munangatire aged 32 years, Mudiwa Mahere aged 25 years, Talent Chademana aged 28 years, Thobekile Ncube aged 42 years, participated in a gathering with intend to promote public violence, breaches of the peace or bigotry as defined in Section 37 (1) (a) of the Criminal Law (Codification and Reform) Act Chapter 9:23 alternatively disorderly conduct in contravention of Section 41 of the Criminal Law (Codification and Reform) Act Chapter 9:23.
The HRDs, the ZRP officers claimed, gathered at Africa Unity Square in Harare on Friday 18 November 2016 with intent to promote public violence, breaches of the peace or bigotry by displaying some placards inscribed with protest messages against the imminent introduction of bond notes by the government.
Defence lawyers opposed the ZRP application arguing that the arrest and detention of their clients is unlawful since they were not advised of the reason of arrest upon being apprehended. Meanwhile, Magistrate Chikwekwe granted $50 bail to Pastor Philip Mugadza, who was arrested on Friday 18 November 2016 by ZRP officers for allegedly wearing the national flag without seeking permision from Zimbabwean authorities.
Pastor Mugadza, who was represented by Bamu, Shava and Chitiyo was ordered not to interfere with state witnesses and was remanded out of custody to Tuesday 29 November 2016.
Prosecutors claimed that Pastor Mugadza contravened Section 6 of the Flag Act by unlawfully and intentionally wearing or displaying the national flag without securing prior permission from the "secretary" as required by the Flag Act.
Source - Byo24News
