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Vendor
languishes in prison over Mugabe "nude" pictures
Zimbabwe Lawyers for Human Rights (ZLHR)
June 04, 2012
A South African-based
Zimbabwean man, who allegedly possessed nude pictures of President
Robert Mugabe will languish in prison after a Bulawayo High Court
Judge ruled that a Beitbridge Magistrate had erred in granting him
bail.
Beitbridge Magistrate
Auxillary Chiumbura granted $200 bail to Benias Gwenhamo Madhakasi,
who had been arrested late in April and charged with insulting Mugabe
for allegedly possessing skeletal nude pictures of Mugabe.
But State prosecutors
vetoed the bail order after invoking section 121 of the Criminal
Procedure and Evidence Act which suspended the bail.
Angeline Munyeriwa,
a prosecutor in Bulawayo later filed an appeal in the High Court
challenging Madhakasi's bail order and arguing that Magistrate
Chiumbura had erred because the South African based vendor would
abscond.
On Friday 1
June 2012, High Court Judge Justice Lawrence Kamocha upheld the
State's appeal and ruled that Magistrate Chiumbura had erred
in granting bail to Madhakasi because he is a flight risk.
The ruling means
that Madhakasi, who is self-employed as a hawker would remain detained
in remand prison pending the commencement of his trial which is
yet to be advised.
Prosecutors
charge that Madhakasi was found in possession of nude pictures portraying
President Mugabe's images and one of them had an inscription
which reads; "Happy 87th birthday (Operation Matibiri) Robert
Mugabe turning 87 years on 21 February 2011."
The prosecutors
said Madhakasi, who is represented by Lizwe Jamela of Zimbabwe Lawyers
for Human Rights had no right to possess such "derogatory"
pictures.
The State also
charged Madhakasi with contravening Section 4 (5) (a) of the Protected
Places/Areas for allegedly surveying or making sketches or taking
photographs on protected premises. The vendor also faces an additional
charge of contravening Section 36 of the Immigration Act for unlawful
possession of or making use of a permit or travel document issued
to another person.
Visit the ZLHR
fact
sheet
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