By A Correspondent| The High Court has overturned the conviction of activists Makomborero Haruzivishe and the brother of abducted activist Itai Dzamra, Patson.

A conviction of obstruction of justice hung on the two’s heads over allegations of stealing a policeman’s hat and baton stick.

The conviction was passed by Harare magistrate Ms Josephine Sande.

As he set aside the conviction, the High Court judges said:

• the police had not been civil in its approach of the matter;
• the context of the whole case pointed towards a political motive behind the arrest of Dzamara and Haruziviishe and that the court could not turn a blind eye to that aspect;
• the police wanted Dzamara and crew out of the Africa Unity Square at all costs or by hook or crook and this was not a bona fide arrest;
• when this incident occurred, the police was trying to arrest Dzamara and crew for an alleged robbery of two ladies but the state never proceeded to charge them with the said robbery. The two ladies (victims of robbery) disappeared from the scene immediately after the arrest of Dzamara and Haruziviishe. Therefore, the High Court could not ignore Dzamara’s version that these were trumped up and politically motivated charges.

Representing Dzamara and Haruvishe was by Obey Shava a member of Zimbabwe Lawyers for Human Rights (ZLHR).