TWO Airforce of Zimbabwe (AFZ) officers are pleading for
their release from detention at Josiah Tungamirai Airbase after they were
charged for engaging in an “illicit extra-marital affair” in the camp.
They have been imprisoned since March 11, the High Court
heard. Sharon Masuku and Nation Giya were charged with gross misconduct and
have been in detention for over 90 days on charges of breaching the Defence Act,
but without going to trial.
The duo, who are both married, have cited Airforce
Commander Elson Moyo and the Defence ministry as respondents, seeking their
immediate release or for the matter to be pursued by summons.
“We were arrested and detained on March 11 at Josiah
Tungamirai Airbase on allegations of disgraceful conduct. We have been in
detention in excess of 90 days now without trial in gross violation of a number
of our constitutional rights,” Masuku said.
“The right to personal liberty, freedom from torture or
cruel inhuman or degrading treatment, fair hearing, to be presumed innocent
until proven guilty and the right to bail.”
According to their charge sheet which has been attached to
the application for their immediate release, Masuku’s house maid allegedly
leaked the affair to superiors, revealing how her boss would allow Giya into
her matrimonial bedroom.
A search was subsequently conducted by investigating
officers at Masuku’s house and Giya was found in a spare bedroom.
“From a period unknown extending to March 11 Masuku and
Giya engaged in an illicit association, both being legally married and well
knowing their marriages still subsist, stayed together in the matrimonial house
of WS Rwambiwa (Masuku’s husband) from March 7 up to the day they were apprehended,
an association which is cruel, indecent and disgraceful,” reads the charge
sheet.
Masuku further submitted that their arrest and detention
was also in breach of the Defence Act and said she feared for the welfare of
her two children who have been in a neighbour’s custody since she was
apprehended.
She said there was no guarantee that their trial for gross
misconduct would kick off any soon owing to lockdown imposed restrictions.
“When the first applicant was arrested she left her
two-year-old and seven-year-old children with a neighbour and it has dawned on
her that she will not be released without the intervention of this court,” she
added.
“Further the applicants intend to call their key witness
who is in South Africa, but because the borders are closed there is no hope
that this will be achieved any time soon.” Daily News
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