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High Court exonerates Machisa
Zimbabwe Lawyers for Human Rights (ZLHR)

March 13, 2013

High Court Judge Justice Samuel Kudya has exonerated ZimRights Director Okay Machisa who was charged with forgery and fraud in January 2013 by setting aside his placement on remand.

Justice Kudya freed Machisa after declaring that the placement on remand of the ZimRights director by Harare Magistrate Tendai Mahwe on 15 and 16 January 2013 is invalid and that he should be immediately removed from remand.

Justice Kudya's ruling came after Machisa's lawyer Beatrice Mtetwa, who is a member of Zimbabwe Lawyers for Human Rights filed an application for review of proceedings in the matter of State v Okay Machisa CRB No. 591/13.

In her grounds for review Mtetwa argued that Magistrate Mahwe had committed a gross irregularity by ignoring the fact that the facts that appeared in the Form 242 did not related to Machisa when in fact there was not even an attempt to indicate what it is alleged the human rights campaigner did in his personal capacity.

Mtetwa also argued that Magistrate Mahwe had misdirected himself by finding that the State case as it appeared on the Form 242 established a prima facie case and to that end wrongfully placed Machisa on remand.

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