The bail pending appeal application by jailed Nhlambaloyi Chief Felix Nhlanhlayamangwe Ndiweni at the High Court on Tuesday was frustrated by the State prosecutor who asked for time to respond to Chief Ndiweni’s application.

The prosecutor said the sentencing Magistrate has still not supplied reasons for the sentencing she gave.

The presiding Judge Mabhikwa said the state should avail its response to the bail application and heads of arguments by 4.30pm today.

The case for bail hearing will be heard in court tomorrow (Wednesday) at 10AM.

Sources within the country’s intelligence revealed to media houses last week that the full judgement by the magistrate was sensitive and an instruction was issued that it must not be provided to the lawyers and the public but be kept under lock and key.

Commenting on the latest developments MDC Treasurer General David Coltart said, “It is appalling that the State isn’t ready to argue the matter resulting in Chief Ndiweni having to spend another night in detention in the disgusting conditions prevailing at Khami Prison.

“I question how often the Minister of Justice, Judges, Magistrates and State Prosecutors visit and inspect conditions in police cells and prisons. The flippant way in which negligence, or worse, malice, is allowed to deny citizen’s fundamental rights to liberty is shocking.”

Ndiweni is being represented by Professor Welshman Ncube and Dumisani Dube of Mathonsi law chambers.