THE High Court has ended the detention of 14 residents of Kariba, who had been languishing in prison for more than one month after they were arrested in July for allegedly staging an anti-government protest in the capital city of Mashonaland West province.
The 14 Kariba residents, who are represented by Mike Mutsvairo and Clara Phiri of Zimbabwe Lawyers for Human Rights, had spent 33 days in prison after they were arrested on 31 July 2024 in Kariba, in Mashonaland West province, and charged with participating in a gathering with intent to promote public violence, breaches of peace or bigotry as defined in section 37(1)(b) of the Criminal Law (Codification and Reform) Act.
Prosecutors claimed that the 14 residents, who were accused of being affiliated to Citizens Coalition for Change (CCC) political party, connived to stage an unsanctioned “motorised” demonstration protesting against the continued imprisonment of their leader Senator Jameson Timba and 77 CCC members and demanding their release from prison.
During the protest, prosecutors alleged that the Kariba residents, who include 79 year-old John Houghton, a former legislator for Kariba constituency, 52 year-old George Masendu, the Ward 6 Councillor, 50 year-old Farai Mageva, Patience Mukwiri aged 42 years, Kizito Mambi aged 42 years, Maxwell Chikwata aged 36 years, Cossam Muchuzuki aged 43 years, Chamunorwa Matekenya aged 43, Farisai Chaukura aged 47 years, Joseph Mili aged 55 years, Spencer Madiro aged 38 years, Evidence Mukurumbi aged 34 years and Mavhuto Harry aged 52 years, held placards written “Release Timba and the 78” “#Stop illegal arrests” “#No to one party state” “#We demand fresh elections” and “#Stop corruption #,” which they reportedly waved to some motorists and pedestrians along the Kariba-Makuti highway.
According to prosecutors, 12 placards were recovered from the accused persons upon arrest together with a vehicle, which will be used as exhibits during trial, scheduled to commence on 17 September 2024.
The 14 residents were denied bail on 20 August 2024 by Provincial Magistrate Archie Wochiunga.
This compelled their lawyers to file an appeal at Chinhoyi High Court, challenging the denial of the release of the 14 residents on bail, where they argued that Magistrate Wochiunga had erred and misdirected himself in refusing to release them from prison on bail.
On Monday 2 September 2024, High Court Judge Justice Philda Muzofa ordered the release of the 14 residents after setting aside Magistrate Wochiunga’s ruling denying them bail.
As part of their bail conditions, Justice Muzofa ordered the Kariba residents to pay US$100 in bail money and ordered them to report once a fortnight at a police station in Kariba and to continue residing at their given residential addresses and to surrender passports with the Clerk of Court at Kariba Magistrates Court.