MIDLANDS provincial magistrate, Charity Maphosa yesterday
dismissed an application by MDC national organising secretary, Amos Chibaya to
have his passport released by the court so that he travels abroad on
parliamentary business.
The Mkoba legislator’s passport is being held at the courts
as part of his bail conditions in a case where he is accused of subverting a
constitutionally-elected government.
Charges emanate from an interview he allegedly granted to
Daily News and was quoted as having said: “… 2019 is the year that we are going
to send [President Emmerson] Mnangagwa packing… We are not going to go on the
streets to toyi-toyi, but go straight to State House, because that is where
there is the person who stole the elections.”
He denies the charge.
Through his lawyer, Tonderai Chitere, Chibaya applied for
the release of his passport so that he can travel to Doha, Qatar, on Parliament
business. However, Maphosa dismissed the application saying she needed consent
from the Prosecutor-General, Kumbirai Hodzi to grant an order for release of
the travel document.
“At law I am not allowed to accede to the application
without the personal consent of the Prosecutor-General, because the accused is
facing a third schedule offence. Section 116 of the Criminal Law and
Codification Act is clear that where an accused is facing a third schedule
offence, a magistrate cannot relax bail conditions set already without a
personal consent for the same coming from the PG. Accordingly, the application
for release of the passport is dismissed,” she said.
Earlier on, public prosecutor Namatirai Chipere told the
court that the State’s hands were tied on whether or not to accede to the
application by Chibaya, citing the same requirement of consent by the PG.
After the proceedings, Chibaya’s lawyer said he will be
taking the application to the High Court, adding that there is no reason why
his client should be denied access to the passport when he has proven he wants
to use it on Parliament business.
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