Crimes and Courts
HARARE — In a significant legal development, the High Court has granted bail to 89 individuals who were detained by police during anti-government protests on March 31.
Justice Esther Muremba ordered the release of the suspects on US$100 bail each, after they spent a month and a half in jail following a Magistrate’s denial of their bail application.
The judge announced,
“The appeal by all the appellants be and is hereby allowed. The decision by the Court a quo denying the appellants bail be and is hereby set aside and in its place is substituted by the following: Each accused shall deposit US$100 with the Clerk of Court at Harare Magistrates Court.”
Justice Muremba further stipulated that until the matter is resolved, each accused must reside at the address listed in the schedule submitted to the State and the court by their counsel during the appeal hearing. She also outlined specific reporting conditions for the suspects, stating that all but four individuals—Joseph Gatsi, Kudzanai Murungweni, Memory Dehwe, and Munyaradzi Kanonama—must report every other Friday between 6 AM and 6 PM at the CID Law and Order in Harare.
Gatsi will report to Chegutu Police Station, Murungweni to Sanyati Police Station, Dehwe to Rusape Police Station, and Kanonama to Glendale Police Station. The judge emphasized that the suspects are not to interfere with ongoing investigations.
During the proceedings last week, Justice Muremba criticized the National Prosecuting Authority, particularly targeting prosecutor Charles Muchemwa for the lack of evidence in the case.
“Your docket is empty and your case is as good as dead,” she stated, highlighting the absence of witness statements.
“Out of 95, there are only 15 statements by arresting details explaining where the accused were arrested. If we are to proceed to trial, what evidence are you going to use against them?” she questioned.
The Judge expressed concern over the fairness of detaining a large group without sufficient evidence, asking,
“How can you have a whole lot of people in custody without witnesses? So that after two years you can withdraw charges after they have languished in prison? Is the state being fair?”
Muchemwa acknowledged the lower Court’s error in denying bail and conceded there might be challenges in prosecuting the group.
This ruling marks a pivotal moment in the ongoing legal battles surrounding the March 31 protests, as the Court’s decision raises questions about the handling of dissent and the rights of citizens in Zimbabwe.
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