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Application for exception
Rooftop Promotions
March 16, 2011

The "Rituals" team appeared before the Mutare Magistrate's Court this morning charged under Section 46 of the Criminal Law (Codification and Reform) Act for allegedly "intentionally and unlawfully making noise or disturbance and beating drums . . . " represented by Cosmos Chibaya instructed by Zimbabwe Lawyers for Human Rights pleading not guilty. The state opened its case and defense did its outline and applied for exception on the basis that the section the accused are being charged with only criminalizes people who act wantonly or mischievously but the accused are professionals who did not act wantonly or mischievously and the state outline is not clear in what way the accused persons wantonly or mischievously made noise or disturbed peace.

In his argument, Cosmos Chibaya said the state outline is heavily loaded with opinions and conclusions of the police but does not in any way support the allegations that accused made noise by beating drums. He argued that the accused pleaded not guilty and prayed for acquittal since the section penalizes a conduct done wantonly or mischievously and if that cannot be granted they have a right to demand verdict under the Criminal Procedure and Evidence Act. He submitted the censorship certificate for "Rituals" and emphasized that it has a stamp from the Ministry of Home Affairs who employ the police which arrested the team.

In opposing the application for exception, the Public Prosecutor Fletcher Karombe said the state believes there is a prima facie case to conduct this trial. He went on to say that the state is not in dispute that the accused persons were permitted to perform this play as approved by the Censorship Board but is of the view that what was portrayed was not in line with what was expected.The court will make a ruling on the application for exception on the 22nd of March 2011. If the application is granted then the accused persons will be acquitted without wasting the court's case but if it is not granted then the case will go for trial.

Speaking after the court case the producer of Rooftop Promotions said, "It is funny that the state says what was portrayed was not in line with what was expected and the million dollar question is: expected by who? We are artists who reflect the challenges and triumphs of our society and it is an indisputable fact that there was political violence in June 2008 and that needs to be addressed as article VII of the GPA stipulates."

Solidarity messages continued to pour from different circles and below are some excerpts:

"As this nuisance continues, always remember that we are together as this is much more than artistic expression, but the moulding of the future of our nation." - Chirikure Chirikure

Artistic expression helps define who we are as a people, but then we have never been allowed to express ourselves, ironically by a government that is always harping on about so-called sovereignty. Thank you Rooftop for being the voice of the ordinary Zimbabwean. Do not give up Daves - Andrew Mutandwa

"To Daves Guzha and your team from "Rituals", I send you support for your hearing at the Mutare Magistrate's Court on 17th March. My thoughts are with you all and I thank you for the work you do to improve all our lives in Zimbabwe" - Cathy Buckle, Marondera

"Accept my commitment to freedom of artistic expression and convey my unflinching support for the "Rituals Ten" crew. To some misguided and ignorant idiots they may be villains of the peace, but to us they are heroes of the cultural revolution. Weep not, therefore" - Musaemura B Zimunya

"We are shocked to hear about this extraordinary action by the authorities. The Republic of Zimbabwe has I take it signed up to the Universal Declaration of Human Rights, Article 19 of which reads: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers". - Neville and Jane Grant

"Rituals has operated completely within the law. The charges being brought are oppressive, if not malicious. Theatre must be free" - John Earl

"I'm writing to express support and solidarity for the members of Rooftop Theatre who will be appearing in court on 17th. I'm sure there are many people around the world who are thinking of them, and who salute their courage. Let's hope that justice and sanity will prevail, and that the group can continue to perform their story of healing and reconciliation to audiences in every corner of Zimbabwe" - Fiona Lloyd

"For your courage and integrity. May justice - and sanity - prevail!" - A.H. (Annie) Gagiano

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