Back to Index

Madhuku set free
The Herald (Zimbabwe)
November 25, 2006

http://www1.herald.co.zw/inside.aspx?sectid=11771&livedate=11/25/2006%2012:00:00%20AM&cat=1

NATIONAL Constitution Assembly chairman Lovemore Madhuku, accused of organising an illegal demonstration, was yesterday set free at the Harare magistrates’ Court.

Magistrate Miss Chipo Matibiri ruled that there was no reasonable suspicion that Madhuku committed the offence.

She added that there was no nexus linking Madhuku to the offence.

"After careful consideration of the State’s submissions made by State counsel and reference to the Public order and Security Act, chapter 11:17, it is the court’s view that from the facts, there is no reasonable suspicion that the accused committed the offence.

Furthermore, section 24 (1) of POSA under which the accused is charged does not disclose any offence.

"There is no nexus linking the accused to the organisation of the demonstration.

"In that regard, there is no justification of placing the accused on remand," said Miss Matibiri.

On Thursday, Madhuku through his counsel, Mr Alec Muchadehama of Mbidzo Muchadehama and Makoni, made an application challenging his placement on remand.

In the application for refusal of remand, his lawyer Mr Alec Muchadehama, of Mbidzo Muchadehama and Makoni, argued that the demonstration was organised by NCA as an entity and Madhuku was not liable for the offence.

"It is clear that the only reason why the accused person was arrested out of about 300 people is his being the chairman.

"Now the accused person is not the NCA and NCA is not the accused. NCA is an organisation that can organise its own demonstration and it is, therefore, submitted that there is not even an iota of evidence that the accused committed the offence," said Mr Muchadehama.

He said the arrest was unlawful since Madhuku was only apprehended upon arriving at the scene from somewhere else.

"The demonstration was peaceful and the accused person had just arrived as police rounded up the demonstrators," he said.

Mr Muchadehama added that NCA members did not gather at Africa Unity Square for political purposes.

The court also heard that NCA was not a political organisation.

"It is submitted that NCA is not a political organisation. It is excluded from the organisations that are obliged to give notice (of demonstration) to the police.

"NCA is a non-governmental organisation and it is one of many civil society organisations that operate in Zimbabwe."

However, prosecutor Mr Servious Kufandada, for the State, argued that there was reasonable suspicion that Madhuku committed the offence.

He opposed the application, saying there was basis of linking Madhuku to the commission of the offence.

Please credit www.kubatana.net if you make use of material from this website. This work is licensed under a Creative Commons License unless stated otherwise.

TOP