NGADZIORE, HARUZIVISHE REMAIN IN PRISON AS COURT SETS FREE CHIRIGA

TWO pro-democracy campaigners Takudzwa Ngadziore and Makomborero Haruzivishe will remain incarcerated in prison after Harare Magistrate Vongai Muchuchuti-Guwuriro vetoed the bail application for the Zimbabwe National Students Union (ZINASU) leader and revoked the bail which had been granted to Haruzivishe.

Takudzwa Ngadziore

In a ruling handed down on Thursday 4 March 2021, Magistrate
Muchuchuti-Guwuriro ruled that the 22 year-old Ngadziore was not a
proper candidate to be set free on bail as he had three pending cases
in court hence he would abscond from standing trial in court.

Magistrate Muchuchuti-Guwuriro granted RTGS$5 000 bail to ZINASU
Secretary-General Tapiwanashe Chiriga aged 24 years, who was jointly
charged with Ngadziore and whom he ordered to continue residing at his
given residential address and not to interfere with witnesses.

Ngadziore and Chiriga, who were represented by Tinashe Chinopfukutwa
and Jeremiah Bamu of Zimbabwe Lawyers for Human Rights (ZLHR) were
arrested on Friday 26 February 2021 by Zimbabwe Republic Police (ZRP)
members who charged them with contravening section 5(3)(a) of the
Public Health (COVID-19 Prevention, Consolidation and Amendment Order
of Statutory Instrument 200/2020 as read with Statutory Instrument
42/2021 for allegedly partaking or convening a gathering.

Prosecutors claimed that Ngadziore and Chiriga together with other
“accomplices” who include Harare West constituency legislator Hon.
Joanna Mamombe and opposition MDC-Alliance party youth leader Cecelia
Chimbiri attended at Harare Magistrates Court, where they convened a
media briefing denouncing the arrest of Haruzivishe, castigated police
brutality and called for the resignation of ZRP Commissioner-General
Godwin Matanga.

Chiriga had also been arrested on the same day and jointly charged
with 23 year-old Nancy Njenje, the ZINASU Secretary for Gender for
allegedly contravening section 4(1)(a) of the Public Health (COVID-19
Prevention, Containment and Treatment) (National Lockdown) Order
Statutory Instrument 200/2020 as read with Statutory Instrument
42/2021 for allegedly failing to confine themselves at home when they
made unnecessary movement during the national lockdown period by
moving to Harare’s central business district.

Magistrate Muchuchuti-Guwuriro also revoked bail which was granted in
2020 for Haruzivishe after ruling that he had defaulted appearing in
court on 29 September 2020 during the national lockdown period.

Haruzivishe, who was represented by Obey Shava of ZLHR had denied
defaulting attending court arguing that when he appeared at court his
record of court proceedings could not be located.

But Magistrate Muchuchuti-Guwuriro ruled that Haruzivishe had failed
to give a plausible reason for defaulting appearing in court hence his
bail should be revoked and he should remain in custody until his
matter is finalised as his conduct affects the administration of
justice.

Haruzivishe, who returns to court on 16 March 2021, is detained in
remand prison after he was arrested in February 2021 and charged with
kidnapping for allegedly locking up some Impala Car Rental employees
in their offices accusing the car rental company of aiding the
abduction and disappearance of human rights campaigners by leasing out
its vehicles to some state security agents.

On Saturday 27 February 2021, 19 year-old Edmond Chimwenye was set
free after he was arrested on Thursday 25 February 2021 and charged
for contravening section 4(1)(a) of the Public Health (COVID-19
Prevention, Containment and Treatment) (National Lockdown) Order
Statutory Instrument 200/2020 as read with Statutory Instrument
42/2021 for allegedly failing to confine himself at home.

Chimwenye, who was represented by Chinopfukutwa and Bamu, was accused
of making unnecessary movement during the national lockdown period
when he was found by ZRP members while at Harare Magistrates Court
wearing a T-shirt written “Freedom”, “Peace”, “Justice” and “Marxist
for life”.

He was released on free bail on Saturday 27 February 2021.

In Chitungwiza, 10 adult residents who were arrested on Friday 26
February 2021 and charged with defeating or obstructing the course of
justice, were granted RTGS$2 000 bail each on Monday 1 March 2021
while the juveniles were granted free bail on the same charges and
released on the same day when they were apprehended.

Prosecutors accused them of defeating or obstructing the course of
justice as defined in section 184 of the Criminal Law (Codification
and Reform) Act when they allegedly attacked some police members in
Unit H high-density suburb, who wanted to arrest a bar and restaurant
owner.

In their defence, the juveniles said they were just picked up by
police members who knocked on their doors in search of all male
persons while others said they were arrested while fetching water at a
community borehole.

The Chitungwiza residents and juveniles, who were all represented by
Freddy Masarirevhu of ZLHR, return to court on 29 April 2021.

Four ZINASU members namely Pritchard Paradzayi aged 21 years, Falon
Dunga aged 22 years, Glen Magaya aged 21 years and Allan Chipoyi aged
21 years will spend their second night in detention at Harare Central
Police Station, where they were detained after they were arrested on
Wednesday 3 March 2021 and charged with disorderly conduct in a public
place as defined in section 41 of the Criminal Law (Codification and
Reform) Act.

Paradzayi, Dunga, Magaya and Chipoyi, who are represented by Nontokozo
Dube-Tachiona, Tinomuda Shoko and Chinopfukutwa, are expected to
appear in court on Friday 5 March 2021.
Meanwhile, freelance journalist Ngonidzashe Ndoro, was freed on
Wednesday 3 March 2021 after he had been arrested at Harare
Magistrates Court where he was covering a demonstration staged by some
ZINASU outside the court house. Ndoro, who was represented by
Dube-Tachiona of ZLHR, was detained at Harare Central Police Station
and accused of participating in the students’ protest, was set free
without any charge or charges preferred against him.

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