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detention ordeal ends as police detain legislator over anti-Mugabe
Zimbabwe Lawyers for Human Rights (ZLHR)
December 19, 2011
ordeal of Bindura human rights lawyer, Ernst Jena, who was accused
of undermining the authority of or insulting President Robert Mugabe
finally ended on Monday 19 December 2011 when he was granted bail
by Bindura Magistrate Charles Murove.
granted bail to Jena when he was finally brought to court on Monday
morning after spending five days in police custody since his arrest
and detention on Wednesday 14 December 2011.
Jena, who was
represented by Zimbabwe Lawyers for Human Rights (ZLHR) member lawyers,
Chris Mhike of Atherstone and Cook Legal Practitioners and Tarisai
Mutangi of Donsa, Nkomo&Mutangi Legal Practitioners was charged
with contravening Section 33 (2) (b) of the Criminal
Law (Codification and Reform) Act Chapter 9:23 for allegedly
making an unlawful, intentional and abusive statement about Mugabe.
Jena was also charged with contravening Section 177 (a) (b) of the
Criminal Law (Codification and Reform) Act Chapter 9:23 for allegedly
undermining police authority.
Emmanuel Muchenga alleged that Jena insulted Mugabe on 9 December
2011 while enjoying some refreshments at Kimberley Reef Hotel in
Bindura, Mashonaland Central Province when he stated that; "Mugabe
mudenga, Mugabe mudenga, muroverei pasi" which the State translated
to mean "Mugabe up in the air, Mugabe up in the air, smash
him on the ground."
In the second
charge, Muchenga alleged that the human rights lawyer unlawfully
and intentionally made a false statement at Kimberley Reef Hotel
in the presence of Tinashe Zisengwe, a police officer, who was on
duty, with the intention of engendering feelings of hostility towards
the police officer or the police force or exposing Zisengwe or the
police force to contempt, ridicule, or disesteem.
Muchenga, Jena reportedly told Zisengwe that; "Ndinoziva kuti
iwe uri muC.I.D weku Law and order. Ndinoda kuti undisunge izvozvi
kana pane mhosva, Mugabe mudenga, Mugabe mudenga. Muroverei pasi.
MaPP arimuno anaDeya ava ngavabve vandiprosecutor izvozvi,"
which was translated to mean that; "I know that you are a
detective attached to CID Law and Order. I want you to arrest me
now if there is an offence. Mugabe up, Mugabe. Smash him down. Prosecutors
are here the likes of Mr Deya let him prosecute me."
The matter was
remanded to Tuesday 10 January 2012.
In Mutare, Magistrate
Noah Gwatidzo on Monday 19 December 2011 postponed to Tuesday 20
December 2011, a ruling on a bail application filed by Chimamimani
West Member of Parliament, Hon. Lynette Karenyi, who was also charged
with undermining the authority of or insulting Mugabe.
who is represented by ZLHR member lawyer, David Tandiri and who
was detained when she reported at Mutare Central Police on Monday
19 December 2011, allegedly insulted Mugabe at a rally held in Nhedziwa,
in Manicaland Province on 9 December 2011. State prosecutor, Truman
Joma claimed that Hon. Karenyi accused Mugabe of double standards
by criticizing her Movement for Democratic Change (MDC) party for
allegedly supporting homosexuality practices and yet the octogenarian
leader's party together with former Media, Information and
Publicity Minister, Jonathan Moyo had endorsed gay rights in some
of the country's laws.
Court Judge Justice Nicholas Mathonsi on Friday 16 December 2011
an appeal filed by the State seeking to overturn a bail order granted
in favour of two Media
Monitoring Project of Zimbabwe (MMPZ) employees, Fadzai December
and Molly Chimhanda and MMPZ member, Gilbert Mabusa Gwanda Magistrate
Blessing Gundani had on Friday 9 December 2011 invoked the notorious
Section 121 of the Criminal Evidence and Procedure Act (CPEA) to
suspend the bail order which had been granted to December, Chimhanda
and Mabusa, who are accused of contravening some provisions of the
Order and Security Act (POSA) and the Criminal Law (Codification
and Reform) Act.
Mathonsi dismissed the State's appeal which came after the
admission of the MMPZ employees' to bail. December, Chimhanda
and Mabusa were arrested
on Monday 5 December 2011 after they attended at Gwanda Police Station
in the company of their lawyer, Kossam Ncube of Kossam Ncube and
Partners, who is a board member of ZLHR.
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