Wednesday, 6 March 2019

YOUR RIGHTS WERE NOT VIOLATED : MAGISTRATE TELLS MAMOMBE

A HARARE magistrate yesterday dismissed an application by MDC-Alliance legislator for Harare West Joanah Mamombe challenging her placement on remand.

Mamombe is facing allegations of subverting a constitutionally elected Government.
Magistrate Mrs Rumbidzai Mugwagwa placed Mamombe on remand pending trial.
She was remanded in custody to March 19 and was advised to seek bail at the High Court as she is facing a serious offence.


In her application through her lawyers Messrs Obey Shava and Jeremiah Bhamu, Mamombe argued that there was no reasonable suspicion warranting her placement on remand.

In her ruling, the magistrate said facts outlined by the prosecution disclosed an offence.
Mamombe also raised that she was not fully informed of the charges upon her arrest but in response, Mrs Mugwagwa said she was convinced that Mamombe was told of the charge.

She added that the Speaker of Parliament would not have allowed her to go with the police officers if they had not followed the procedure.

Mamombe, in her application also indicated that her detention, which exceeded the mandatory 48 hours, was a violation of her constitutional rights.

She said she was arrested on Saturday in Nyanga at around 8:30am and was brought before a magistrate at around 10am on Monday adding that the 48-hour period had lapsed.
However, the court ruled that Mamombe’s rights were not violated, saying she was brought before the court on time.

“The 48 hours expired when the accused was already at court though her matter was not yet dealt with by 08:30am because the court was dealing with other matters. It remains not practical in my view for the court to have left all other matters and deal with her case. The police had already released the accused from their custody,” she said.

It is the State’s case that on January 14, Mamombe held a presser at Civic Centre, Marlborough in Harare and urged people to overthrow the Government.

Mamombe, together with members of her constituency planned to join hands with other trade unions to coerce and invite them to overthrow a constitutionally elected Government.

She allegedly urged members of her constituency to resort to civil disobedience and demonstrations to shut down Zimbabwe in response to public outcry over fuel price hikes and high cost of living.
The court heard that between January 14 and 16, and in response to Mamombe’s presser, there were violent protests in the country, it is alleged.

Mr Charles Muchemwa represented the State. Herald

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