On 19 July, police arrested human rights lawyer Arnold Tsunga, the MDC-T aspiring parliamentary
candidate for Dangamvura-Chikanga constituency together with his campaign team after accusing
them of embarking on an unlawful procession in the high density suburb. They were detained at
Dangamvura Police Station and the police indicated their intention to transfer them to Mutare Central
Police Station.
On 17 July, police banned another human rights lawyer, Jacob Mafume, an aspiring legislator for
Harare South constituency from holding a campaign rally at an open space in Southlea Park suburb
on Saturday 20 July 2013.
On 10 July, two Beitbridge residents were held in remand prison after a prosecutor vetoed a
bail order granted in their favour. The residents Itai Gombe and Alice Mugariro were arrested in
Beitbridge in Matabeleland South province on 10 July and charged with assault on allegations that
they physically attacked and tore the clothing of two ZANU PF members they fell into disagreement
with. Gombe and Mugariro, who were represented by attorneys from Zimbabwe Lawyers for Human
Rights (ZLHR), were granted $50 bail each when they appeared at Beitbridge Magistrates court on 12
July.
However prosecutors invoked the infamous Section 121 of the Criminal Evidence and Procedure
Act (CPEA) to suspend the bail order which had been granted to the two residents. The invocation of
Section 121 of the CPEA immediately suspended Gombe and Mugariro’s bail order for seven days
pending the filing of an appeal by the State in the High Court.
Evidence compiled by ZLHR makes it clear that, in the majority of the cases recorded, the State had
not filed an appeal after the expiry of the statutory seven days. In the isolated cases in which an
appeal was pursued, rarely has an appeal filed by the Attorney General’s Office succeeded.
ZLHR noted that Section 121 of the CPEA has been selectively and unlawfully applied by the AG’s
Office against human rights defenders and legitimate political activists in order to persecute these
individuals, even where courts have found no evidence that they would pose a threat to the interests
of justice, society or the State, if they were to be released on bail. ZLHR felt that there is an urgent
need for intervention in order for such repressive and unconstitutional practices to be brought to an
end and for accused persons to be afforded their basic rights and freedoms.
On 12 July, Knowledge Uranda, Leo Mutema, Tinashe Mutepfaire and Evans Gogo were arrested
and charged with defacing property for political purposes in contravention of Section 153 of the
Electoral Act. They spent three nights in police cells at Harare Central Police Station, and were freed
on Monday 15 July on $100 bail each.
On 11 July, MDC-T Budiriro aspiring legislator Costa Machingauta, remained in police custody
at Harare Central Police Station after he was arrested on Wednesday 10 July and charged with
contravening Section 89 of the Criminal Law (Codification and Reform) Act. Machingauta was
scheduled to appear in court on Friday 12 July.
In Chivhu, the State was asked to conduct further investigations in a case in which the police
arrested an MDC-T member, Simbarashe Zindove, on Tuesday 9 July 2013 and charged him with
contravening Section 89 of the Criminal Law (Codification and Reform) Act for allegedly assaulting a
person who had been found removing Prime Minister and MDC-T leader Morgan Tsvangirai’s posters
at a Business Centre in Chivhu and disposing them in a nearby pit latrine nearby. Zindove appeared
at Chivhu Magistrate Court where the prosecutor was advised to proceed by way of summons once
its house is in order.
On 8 July, Mutare Magistrate Noah Gwatidzo freed four human rights campaigners namely
Sydney Chisi, Masimba Nyamanhindi, Tichafa Musana and Taziva Machiwana who were arrested
on Saturday 6 July 2013 and charged with contravening Section 40 (c) of the Electoral Act for
allegedly conducting voter education at a concert that was held in Mutare without clearance from the
Zimbabwe Electoral Commission. They were brought to court on Monday after two nights in police
detention. The Magistrate asked the four campaigners to deposit $50 each with the Clerk of the
Mutare Magistrates Court
9
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