MDC president Nelson Chamisa and top party officials were
yesterday banned from attending the court hearing of organising secretary Amos
Chibaya and deputy Sibusisiwe Masara causing a scene that resulted in heavy
deployment of police at the Harare Magistrates’ Courts.
Chibaya and Masara appeared before Harare magistrate Gloria
Takundwa and made an application for exception to charges of failing to stop
demonstrations held on August 16 last year despite a prohibition order.
They were represented by Nontokozo Dube-Tachiona and Obey Shava
of Zimbabwe Lawyers for Human Rights.
Chamisa was flanked
by members of the MDC executive and legislators, including Douglas Mwonzora,
Morgen Komichi, Chalton Hwende, Maureen Kademaunga, Daniel Molekele and Johanna
Mamombe.
After Takundwa had dismissed the exception bid, prosecutor
Mercy Ndingadii made an undertaking to contact the State’s star witnesses who
were not in attendance for trial to commence at 11:15am.
When the court was about to adjourn for the next session,
there was noise and booing from the gallery, prompting an infuriated Takundwa
to declare that all who had come for Chibaya and Masara would not be allowed to
attend the next session of the trial.
“Everyone who is coming for the Chibaya and Masara case is
banned from attending in this court,” Takundwa ordered before Dube-Tachiona
responded that the pronouncement was “unfair”.
When proceedings reconvened, Chamisa was no longer present
and a truck loaded with riot police officers had been deployed to contain the
MDC supporters.
Shava then notified Takundwa of his intention to apply for
her recusal on the grounds that his clients doubted her impartiality in
handling their matter.
“I have instructions to apply for her worship’s recusal
subject to the court’s directions and will submit a written application.
“The basis is that my clients seriously doubt impartiality
of the court in view of totality of everything that has happened since this
matter was brought before this court,” Shava said.
The State will respond to the application before Takundwa
makes the ruling on March 11.
Allegations are that on August 6 last year, Masara and
Chibaya notified the regulating authority for Harare Central Police district of
an intended public demonstration in central business district (CBD) on August
16 last year in the terms of section 25 of the Public Order and Security Act.
The court heard that opposition party was served with a
prohibition notice by Chief Superintendent Billa James Simbanechako on August
15 but defied the order. Daily News
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