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    Thursday, 24 November 2016

    Arrest of 7 Zvishavane MDC T supporters malicious - Magistrate


    ZVISHAVANE - Seven MDC-T supporters who were arrested on Sunday during mayhem and pandemonium caused by the police who interrupted their court sanctioned rally were on Monday night acquitted as they were unlawfully detained.
    Clifford Mingwa, Tendai Tswana, Trynos Rapwi, Trynos Shava, Tobias Moyo, Patrick Museva and Tapiwa Shava were arrested on allegations of inciting violence with the first four also accused of assaulting Zvishavane Officer in Charge, Chief Inspector Kota Mhike.
    The accused were represented by lawyers Hurbet Tafa, Leopold Mudisi and Derrick Charamba who submitted to the court that their clients spent the night outside cells neither detained nor informed of their charges as defined in Section 70 of the new Zimbabwe Constitution that any person arrested must be informed of their charges promptly inorder to answer to the charges.
    The learned colleagues told a Zvishavane court that police defied a court order and that alone is evidence that the police do not respect rule of law. Section 219 Subsection 1(e) states that there shall be a police service which shall maintain law and order, upholding the constitution and exercising the law without fear or favour.
    Zvishavane Magistrate Shepherd Munjanja in passing his judgment said it was clear evidence that the police never wanted MDC to do its rally and defying a court order questions the credibility of the security details.
    "The state's chief witness failed to tell the court why he had arrested the seven and failed to neither detain them nor enter their identification details in the detention book. Chief Inspector Mhike further broke the law by failing to write a warned and cautioned statement for the seven on such a serious offence.
    "MDC made all efforts to engage the police. Evidence presented reveal that even the District Commanding Zvishavane Edward Ncube was never in agreement for the continuation of the rally.
    "Inspector Mhike's reasons were baseless and misleading fluctuating figures of police details and he did not even know the convener of the rally. The arrest of these seven is malicious and unlawful hence this case is dismissed," said Munjanja.
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