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Justice Mavangira dismisses state's appeal against Hon. Mwonzora and villagers' bail order
Zimbabwe Lawyers for Human Rights (ZLHR)
March 11, 2011

High Court Judge Justice Susan Mavangira has dismissed an appeal filed by the State seeking to nullify a bail order granted to Nyanga North legislator and Constitution Select Committee co-chairperson Hon. Douglas Mwonzora and 23 Nyanga villagers.

Edmore Nyazamba, a law officer in the AG's Office had appealed against a bail order which was granted to Hon. Mwonzora and the villagers by Nyanga Magistrate Ignatio Mhene arguing that the magistrate misdirected himself by admitting them to bail.

But Justice Mavangira on Friday dismissed the State's appeal and reinstated the bail order earlier granted to Hon. Mwonzora and the Nyanga villagers.

Justice Mavangira said the State had failed to prove that the villagers were not suitable candidates for bail.

"The respondents are admitted to bail. The appeal is therefore dismissed. Same conditions should be reinstated,"

Lawyers were on Friday making frantic efforts to pay the bail money so as to secure the warrants of liberation for their clients. Magistrate Mhene had ordered Hon. Mwonzora and the villagers to pay $50 and not to interfere with witnesses.

Hon. Mwonzora and the 23 villagers were arrested in mid February and charged with violating section 36(1)(a) of the Criminal Law (Codification and Reform) Act for public violence.

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