Hon. Jembere and Kagodora were arrested on Saturday
5 June 2010 at an open space at Wadzanai in Shamva, Mashonaland
Central, for allegedly contravening Section 33 of the Criminal
Law (Codification and Reform) Act Chapter 9:23 by undermining
the authority of or insulting President Mugabe.
State prosecutor Emmanuel Muchenga alleged that
Hon. Jembere insulted President Mugabe by saying "Mugabe mudenga,
ZANU PF mudenga, vabatanidzei, roverai roverai pasi," which
the police interpreted as meaning to say "Mugabe up, ZANU
PF up, bring them together and drop them down."
The State alleges that Hon. Jembere made the utterances
when he addressed his party's supporters at a constitution
making awareness campaign meeting held in Shamva, where MDC Women's
Assembly and Minister of Public Works, Theresa Makone was the guest
speaker.
The State also alleges that Kagodora uttered a slogan,
which denounces the President when in his address to party supporters
said; "Mugabe mudenga, Grace mudenga, vabatanidzei, roverai
pasi," which the police deduced to mean "Mugabe up,
Grace up, bring them together and drop them on the ground."
The State alleges that Kagodora uttered the slogan
with the knowledge that the statement may engender feelings of hostility
towards President Mugabe.
Magistrate Chitumbura granted free bail to both
Hon. Jembere and Kagodora after Jeremiah Bamu of Zimbabwe Lawyers
for Human Rights (ZLHR) applied for bail. The Magistrate did not
set down any reporting conditions for the duo. Prosecutor Muchenga
did not oppose bail as he indicated that he was yet to obtain authority
to prosecute from the Attorney General (AG)'s Office.
Bamu gave notice of his intention to apply for refusal
of further remand when Hon. Jembere and Kagodora will appear in
court on 24 June 2010.