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UZ students removed from remand
Zimbabwe Lawyers for Human Rights (ZLHR)
June 15, 2010

Harare Magistrate Archie Wochiunga on Thursday 15 July 2010 removed from remand two University of Zimbabwe (UZ) students Justice Chikanya and Tawanda Katsuro, who had been charged with organizing and leading a demonstration against high tuition fees at the institution.

Chikanya and Katsuro were arrested on 3 February 2009 and charged with contravening Section 36 (1) (a) of the Criminal Law (Codification and Reform) Act (Chapter 9:23).

The State alleged that the two students acting in concert with other students forcibly disturbed the peace, security or order of the public or invaded the rights of other people to a serious extent by throwing stones to buildings and motor vehicles intending such disturbances or invasions or realising that such disturbance or invasion may occur.

It was alleged that Chikanya and Katsuro addressed UZ students and mobilized them to demonstrate against the fees charged as set by the authorities. The alleged value of the damaged property was US$5 000.00, being windowpanes and a Toyota Corrolla belonging to a non-governmental organisation.

But on Thursday 15 July 2010 Magistrate Wochiunga removed the students from remand and ordered the State to proceed by way of summons if it intended to continue with the matter. This was after the State had filed an application seeking to postpone the trial to 26 August 2010, arguing that it had just received the docket from court 12, and that it wanted to clarify some issues from the Investigating Officer. The State also sought to argue that the Magistrate in court 12 and the public prosecutor had recused themselves in the trial of the students.

But the students' lawyers Jeremiah Bamu and David Hofisi of Zimbabwe Lawyers for Human Rights (ZLHR) opposed the application and exposed the State's misrepresentations since no Magistrate or Public Prosecutor had officially recused him/herself as far as the defense was concerned.

The lawyers pointed out that the matter has been appearing before the same Magistrate (Archie Wochiunga) since the first day that the students were brought to court on 8 June 2010 for trial which was postponed to 15 July
2010.

Bamu and Hofisi contended that the matter came as a summons matter, indicating that the State was now ready for trial and there was no reason for further delay. If at all the State wanted anything clarified by the Investigating Officer, it should have done so already, especially as the Investigating Officer was a State witness according to the State papers that were given to the defense lawyers.

The lawyers also pointed out that the students had a right to a fair trial within a reasonable time and this right was being violated by the continuous postponements, especially when the State was clearly not ready to proceed with the matter, and that as students, they needed to concentrate with their studies with a free mind and not be pre-occupied with any other thoughts of court process hanging over their heads. This resulted in Magistrate Wochiunga agreeing with the defense lawyers' submissions and he ordered the State to proceed by way of summons should they still be inclined to proceed with the matter.

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