In making calls for public demonstrations, Jacob Ngarivhume
used inflammatory language in his tweets aimed at causing violence and
breaching peace in the country, a Harare regional magistrate has said when
denying bail and remanding him in custody to August 6.
Ngarivhume is being charged with incitement to commit
public violence or alternatively incitement to participate in a gathering with
the intent to promote public violence.
His charges arose after he allegedly posted messages
through his Twitter handle between March 1 and July 20, calling for protests
against Government.
Magistrate Mr Trynos Utahwashe said the fears expressed by
police leading to Ngarivhume’s arrest and opposing the granting of bail, were
“well grounded’’, as his language called for confrontational actions.
He said this while making a ruling in Ngarivhume’s bail
application before remanding him to August 6 for routine remand. Mr Utahwashe
said the court took judicial notice of the prevailing economic conditions and
the coronavirus pandemic when dismissing his bail application. He noted that
Ngarivhume leads a small political party without even a seat in Parliament, and
questioned how he intended to carry out any countrywide demonstrations.
“How does he intend to control the huge crowds during the
countrywide demonstrations?” asked Mr Utahwashe. “How does he intend to carry
out the demonstrations without contravening the Covid-19 regulations.”
Mr Utahwashe said police had a constitutional duty to
detect and prevent the commission of crimes.
Ngarivhume had applied for bail, arguing that the police
took him to court after the mandatory 48 hours had lapsed and so he should be
unconditionally released.
The State, led by Mr Jonathan Murombedzi and Mr Michael
Reza, alleged that while in Harare’s city centre, Ngarivhume posted numerous
messages on Twitter in an attempt to influence many people to engage in public
violence or participate in a gathering that would disturb peace.
In some of the messages, he said he met and consulted
different stakeholders including Mr Ian Makone, Dr Shingi Munyeza, Mr Elton
Mangoma and Godfrey Tsenengamu, as part of his efforts to mobilise people.
Political activist, Hopewell Chin’ono, who is facing
similar allegations, appeared before magistrate Mr Ngoni Nduna yesterday
applying for bail.
Chin’ono is expected back in court today for continuation
of his bail application. Herald
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