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Maguwu granted bail after appeal
Crisis in Zimbabwe Coalition
July 12, 2010

The Centre for Research and Development Director Farai Maguwu was today, 12 July 2010 granted bail by High Court Judge Justice Mawadze Gurainesu more than one month after his arrest in Mutare for allegedly communicating and publishing falsehoods. Delivering his judgment, justice Gurainesu said that the decision made by Magistrate, Donald Ndirowei on the 2nd of July denying Maguwu bail was incorrect as the state, during submissions had not indicated how Maguwu would interfere with investigations id released.

In as far as extra territorial investigations are concerned, Justice Gurainesu said that the state did not indicate what sort of information is required from Gabriel Shumba and Antony Dekker, whom they claim received the alleged, falsified documents from Maguwu. The judge also pointed out that the police are already in possession of documents allegedly published by Maguwu thus there is no need for further investigations. The judge added that the state should deal with the following issues;

1. Who published the documents
2. The falsity of the documents
3. The effects of the documents on the Zimbabwean economy

Justice Gurainesu said Maguwu's incarceration should be based on these three issues instead of leveling charges that the state does not have any evidence of. He ruled that the court should not continue detaining Maguwu on the basis that he is refusing to give his laptop password to the police as the laptop could contain information which is irrelevant to the charges leveled against him.

Maguwu was granted bail under the following conditions;

1. He should pay $1500 bail
2. He should reside at his home in Mutare until the issue has been finalized
3. The police should surrender his passport to the magistrate clerk within seven days
4. He should report at Mutare police station everyday between 6am and 6pm
5. He is restricted to a 40km radius from Mutare town
6. He should not interfere with state witness

Crisis in Zimbabwe Coalition applauds the judgment by Justice Garainesu who clearly indicated that the states allegations are baseless, as they are not backed by evidence. After 37 days of incarceration, Maguwu has finally been awarded his right to liberty. The Coalition however remains concerned by the continued use of the courts by the state to infringe on individual rights. The inclusive government should take concrete steps towards sanitizing key government institutions including the judiciary as the continued use of these institutions as political tools is in violation of their constitutional and internationally recognized functions.

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