The 25 CCC activists are accused of chanting party slogan:
“Ngaapinde Hake Mukomana (the young man must get into power).”
While applying for bail, their lawyer Chris Mhike said the
CCC slogan was just the same as Zanu PF supporters chanting the slogan “ED
Pfee”. He said no one had been arrested
for chanting the Zanu PF slogan.
“The Form 242 (charge sheet) said the accused were chanting
the slogan, Ngaapinde hake mukomana, 2023, Chamisa Chete Chete (the chosen
one), and to this, the first witness said it showed they were intending to
cause public violence,” Mhike, who is instructed by the Zimbabwe Human Rights
NGO Forum, said.
“There is no violence in the slogan and this is not in
breach of any peace. It is not a bigoted statement. This is a political party
statement. It is the same as ED Pfee, Pfee Pfee Pfee. No one has been arrested
for chanting that slogan. The Form 242 itself, does not explain how the accused
were colluding to breach the peace. The mention of slogans that the
investigating officer could make sense of, surely could not be the basis of
establishing that there was an agreement and common purpose of the accused for
breaching the law.”
He said the charge sheet implied that wearing yellow
clothes was a crime.
“Wearing yellow or associating it with CCC does not
constitute a crime in Zimbabwe. It is a disgrace that we now live in a nation
where police officers harass people for their political association,” he said.
Mhike said his clients were proper candidates for bail
because the State had not established that they had the intention of causing
violence.
“The intention applicable is that of breaching peace and
that was also not established,” Mhike said.
He said the second witness, the deputy officer-in-charge
for Budiriro police said the accused were not violent.
“The common purpose fallacy is not applicable for practical
reasons. The first State witness told the court that some were arrested outside
the residence and others outside. The second witness went on to say some were
still sitting in their motor vehicles. This is not possible for people in
different locations to form a common purpose. It is not logical. It is quite clear
that some of the accused were arrested because they were walking outside the
accused’s home.
“Others were arrested for wearing yellow T-shirts. It is
not clear whether wearing a yellow T-shirt inscribed CCC or simply yellow means
you are member of the CCC,” Mhike said.
He said his clients
would not abscond because the offence was not serious.
“A serious crime is a scheduled offence such as murder,
rape, terrorism, among others. Gathering for the purpose of violating peace is
a not a schedule offence, even if the State deemed it a serious offence, this
does not affect the granting of bail.
The accused do not intend to abscond to any other country, Zimbabwe is
their home, and they are rooted here. They are convinced of their innocence.
They are disappointed that they have spent a week in custody when they are
innocent,” Mhike said.
He said none among them had violated bail conditions
before, and personal circumstances of each shows that they are good candidates
for bail.
The State, however, insisted that the accused were not
proper candidates for bail, raising fears that they would abscond or interfere
with police witnesses.
Harare magistrate Yeukai Dzuda postponed the matter to
Friday for bail ruling.
The 25 were arrested at CCC legislator Costa Machingauta’s
residence in Budiriro while attending a meeting. Newsday
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