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High Court dismisses state challenge to staffers' bail
The Media Monitoring Project Zimbabwe
December 19, 2011
Court dismisses State challenge to bail order granted to MMPZ Advocacy
Officers Fadzai December and Molly Chimhanda, and PIRF Gwanda Chairman,
On Friday, December
16th, Bulawayo High Court judge Justice Nicholas Mathonsi dismissed
the state's appeal against the bail order granted by Gwanda
magistrate Mr Douglas Zvenyika to MMPZ's advocacy officers
Fadzai December, Molly Chimhanda and its Gwanda Public Information
Rights Forum chairman, Gilbert Mabusa.
liberation were issued by the High Court and delivered later that
day to Gwanda prison where the three staffers were being held. With
the assistance of lawyers Kossam Ncube and Lison Ncube, the three
were released in the late afternoon of the same day and were reunited
with their families.
MMPZ is delighted
that justice has finally been seen to be done, but believes the
three were the victims of abuse with regard to their extended detention
under the invocation of Section 121 by the state.
We will provide
our subscribers with details of the judge's ruling when it
In the meantime,
Fadzai, Molly and Gilbert were remanded to January 5th for the next
trial date. Gwanda
magistrate Mr Douglas Zvenyika had granted $50 bail to the MMPZ
officials with no reporting restrictions. This followed their arrest
and detention by Gwanda police on Monday, December 5th on charges
of contravening some provisions of the Public
Order and Security Act (POSA) and the Criminal
Law (Codification and Reform) Act.
The state invoked
Section 121 of the Criminal
Procedure and Evidence Act (CPEA), which effectively suspends
the magistrate's order for seven days to allow the state to
file an appeal against the order in the High Court.
was dismissed by the High Court last Friday, and we are happy that
the three will be able to enjoy their Christmas and New Year holidays
with their families.
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