Own Correspondent
File picture of Beatrice Mtetwa on her way to court Investigative journalist, Hopewell Chin’ono, was late Friday denied bail by the Magistrate Courts after his bail hearing was cut short on two consecutive days.
In postponing the hearings, court officials said they wanted to leave early to ensure they comply with a dusk-to-dawn curfew imposed by President Emmerson Mnangagwa on Wednesday as part of new restrictions to contain COVID-19.
Beatrice Mtetwa, who is representing Chin’ono, was not amused.
“We find this extremely frustrating because constitutional rights like the right to liberty have now been suspended through failure to make appropriate arrangements,” said Mtetwa.
“Surely, they should make arrangements such as bail to take staff home so that constitutionally guaranteed rights like liberty are not unnecessarily infringed. It’s extremely frustrating. It makes a mockery of the need to come to court within 48 hours. It makes a mockery of the requirement that bail (application) be heard urgently.”
Announcing the curfew, President Emmerson Mnangagwa said he was aware that some rights would be infringed upon. But Mtetwa is not convinced.
“If you want to make excuses for trampling on people’s rights, you are absolutely free to do so but it is not what the constitution provides for,” said Mtetwa. “Bail matters are always heard on an urgent basis. You can sit right into the night as long as you make arrangements to take the court staff home. So it cannot be an excuse that the president has decreed. The president has no power to suspend constitutional rights.”