Back to Index
Conditional granting of bail for Machisa not welcome
in Zimbabwe Coalition
January 29, 2013
High Court judge,
Justice Felistas Chatukuta, granted
Okay Machisa bail today, January 29. The judge indicated that the
state could not substantiate nor provide reasonable evidence to
support all four submissions put forward to deny the appellant bail.
Basing on this argument, Justice Chatukuta went on to set aside
the magistrate's court ruling.
added the condition that the appellant deposits surety in the form
of immovable property worth over $50 000, in addition to those put
forward by the defense counsel led by Beatrice Mtetwa. The defense
counsel had proposed that Machisa deposit US$500 with the clerk
of court, continue to reside at his usual place of residence and
report once every week to the police law and order section at the
Harare Central Police Station. However Justice Chatukuta said she
would not be comfortable to grant bail on these conditions but rather
that the appellant deposit such surety.
taken by High Court was met with a stunned silence from sympathizers
and supporters who had come to the court in solidarity with Mr.
Machisa, and raised alarm and discontent with civil society leaders
who were present during the ruling. Speaking to the Crisis report,
Mr Mfundo Mlilo the chairperson of Crisis Coalition advocacy committee
and director of the Combined
Harare Residence Association rebuffed Justice Chatukuta's
happy that Mr. Machisa has finally been granted his freedom, but
are worried by the fact that it has taken so long, yet the reason
given by his defense had been compelling from day 1. This delay
in awarding Machisa bail, was a delay in carrying out Justice, and
justice delayed is justice denied; Machisa should have been freed
by the magistrate's court."
further stated that:
of Machisa is only a tip of the iceberg, we will not be happy until
these trumped charges against ZimRights
are dropped, until the criminalization of the institutions stops,
through the release of the unjustly incarcerated ZimRights members.
Our celebrations will be muted until the state desists from implementing
political party resolutions, harassing, intimidating and disturbing
the work of NGO's. That will be the day when we celebrate.
I also urge people to continue to come in their numbers when the
is set to attend a routine remand hearing tomorrow at the magistrate's
court, which had set down the matter of bail to the 30th of January
2013. It is largely expected that the courts will remand the case
and or give a date for trial.
The other accused
persons in the matter, Leo Chamahwinya and Dorcas Shereni are due
back at the magistrate court on the 4th of February 2013, while
ZimRights, the institution, is set to appear at the same court courts
on the 8th of February 2013.
Visit the Crisis
in Zimbabwe fact
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.