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Mugabe slur case crumbles in Beitbridge
Zimbabwe Lawyers for Human Rights (ZLHR)
July 24, 2012

Beitbridge Magistrate Auxillia Chiumburu has freed a South African-based Zimbabwean vendor, who had been languishing in remand prison after he was arrested and charged for insulting President Robert Mugabe.

Benias Gwenhamo Madhakasi was arrested on 29 April 2012 at Beitbridge Border Post and charged with contravening Section 33 of the Criminal Law (Codification and Reform) Act Chapter 9.23 after he allegedly undermined the authority of or insulted President.

Prosecutors claimed that Madhakasi was found in possession of skeletal nude pictures portraying President Mugabe's images in his mobile phone handset and one of the pictures had an inscription which read; "Happy 87th birthday (Operation Matibiri) Robert Mugabe turning 87 years on 21 February 2011."

Madhakasi was also charged 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 faced 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.

However, the case crumbled on Tuesday 24 July 2012 after Magistrate Chiumburu removed Madhakasi from remand and ruled that the State's antics were equivalent to a fishing expedition.

The removal from remand came after Madhakasi's lawyer Lizwe Jamela of Zimbabwe Lawyers for Human Rights filed an application for refusal of further remand or alternatively an exception to the charges.

Magistrate Chiumburu refused to further remand the vendor on the insult charge together with the one of contravening the Protected Areas Act while State prosecutor, Foster Abeki, withdrew the charges of violating the Immigration Act.

Madhakasi wallowed in prison after State prosecutors vetoed a bail order which had been granted in his favour by Magistrate Chiumburu in May.

High Court Judge, Justice Lawrence Kamocha in June condemned the vendor to serve more jail time after he upheld an appeal filed by State prosecutor, Angeline Munyeriwa challenging Madhakasi's bail order. The State had argued that Magistrate Chiumbura had erred in granting bail to Madhakasi because he was a flight risk and would abscond trial.

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