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Zimbabwe Briefing - Issue 100
in Zimbabwe Coalition (SA Regional Office)
January 30, 2013
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Society Demands Unconditional end to Machisa's Persecution
High court Judge,
Justice Felistas Chatukuta, granted
Okay Machisa bail yesterday, January 29. The judge indicated that
the state could not substantiate nor provide reasonable evidence
to support all the 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 well over US$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 only on these conditions
but rather that the appellant deposit such surety.
taken by the high court was met with a stunned silence, from sympathizers
and supporters who had come to the court in solidarity with Mr.
Machisa. Speaking to the Crisis report, Mr. Mfundo Mlilo the chairperson
of Crisis Coalition advocacy committee and director of the Combined
Harare Residents Association rebuffed Justice Chatukuta's
demands saying that,
happy that Mr. Machisa has finally been granted his freedom, but
are worried by the fact that it has taken so long, yet the reasons
given by his defense had been compelling from day 1. This delay
in awarding Machisa bail, was a delay in carrying out Justice, and
for us, 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 institution 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 trail
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
2012. 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 Shereini are due back at the magistrates'
court on the 4th of February 2013, while ZimRights, the institution,
is set to appear at the same courts on the 8th of February 2013.
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