Human rights forum bemoans politicisation of bail rulings of political activists

Harare- THE Zimbabwe Human Rights NGO Forum has raised concern on the politicisation of the granting or denial of bail of political activists.

In a statement released Monday, the organisation lamented over the selective application of the law.

“The anarchy which has been involved in has been observed in Zimbabwe targeting opposition political party figures, activists and human rights defenders.

“The Forum is concerned about the arrest of 15 opposition political party members of the Citizens Coalition for Change (CCC) in Nyatsime. These include CCC members Precious Jeche, Misheck Guzha and Odius Makoma who are victims of the political violence that occurred in Nyatsime on 14 June 2022, were arrested on 20 June 2022 after they were turned into accused persons by the Zimbabwe Republic Police (ZRP) who had summoned them to Marondera Central Police Station.

“They were charged with public violence. ,this occurred after the three had gone to file police reports on the unlawful destruction of their personal property at Beatrice Police Station on 16 June 2022 with the assistance of Forum lawyers,” read part of the statement.

It  read that the duo appeared at the Harare Magistrates Court to answer charges of committing public violence on 22 June 2022.

They were denied bail.

The organisation argues that no evidence had been advanced to the effect that the accused persons would interfere with investigations or commit similar offences if released, their defense was still labelled as not plausible enough by the presiding officer.
Further reads the statement :
“On 22 June 2022, the Zimbabwe Republic Police (ZRP) arrested CCC members Zephaniah Chinembiri, Zecks Makoni and Roan Tsoka who are truck drivers who ferried people to Moreblessing Ali’s funeral.

They were charged with public violence and  also arrested on the same day was Chauya Shopa whose Mazda Familia vehicle was positively identified in Nyatsime when violence erupted in the area on 14 June 2022 and was thus implicated as having also participated in the violence.

They appeared in court on June 22 and were denied bail on the groundsthat public violence is a serious offence that warranted their continued detention.

On June 23 , the ZRP proceeded to arrest CCC members Enock Tsoka, Emmanuel Maradzikwa, Tatenda Pindahama and Shepherd Bulakasi. The four are owners of lorries allegedly used to ferry mourners to Moreblessing Ali’s funeral.

They were charged with public violence.

Their bail application in the Harare Magistrates Court on 25 June 2022 was postponed to 27 June 2022 on the basis that the court was too overwhelmed to hear their application.

Bail was denied in a bail ruling delivered on 28 June 2022 on the ground that public violence is serious offence which is likely to attract a heavy sentence therefore there is risk that they will abscond.” read the statement.

It is further stated that on July 13, another activist Robert Madzokere was arrested at his home in Nyatsime after being implicated by neighbours and charged with public violence. After being detained for two nights, the accused appeared before Magistrate Yeukai Dzuda on July 15 for initial remand. Bail was denied in a ruling delivered on July 18 on the basis that he is facing a serious offence and was remanded in custody to August 22.

On July 19 , CCC youth member, Clever Sibanda was also arrested at his home in Nyatsime and taken to Harare Central Police Station. He too was charged with public violence.

He appeared for initial remand before Magistrate Mushavakure on 20 July 2022 who then stood down the matter to 21 July 2022 for ruling.

Bail was denied on the basis that the offence is serious and the accused may abscond; further that the accused is a danger to society as he resides where the witnesses stay and that his defense was not plausible.

The organisation further arguetmhat the arrests of Zengeza West MP Job Sikhala and Chitungwiza North legislator Godfrey Sithole on 14 June 2022 bring the total number of CCC members arrested by the police for the violence that erupted in Nyatsime to 15.

The two CCC legislators were initially denied bail by Harare magistrate Gibson Mandaza denied the two bail in a bail ruling delivered on 22 June 2022 declaring that they were a “threat to public security and likely to re-offend if released on bail.

The pair was remanded in custody to 6 July 2022 and advised to lodge an appeal in the High Court.

A subsequent bail appeal filed by their lawyers Alec Muchadehama and Jeremiah Bamu was turned down by the High Court on 7 July 2022.

“In light of the above, the organisation accordingly recommended the court as the highest custodian of justice upholds the Constitution by safeguarding the right of every accused person to bail where they qualify.
They insist that courts are there to protect and enforce equal treatment before the law without discrimination based on political affiliation or social status,” read the statement.