Judge Ends Moyo’s Lengthy Incarceration as Haruzivishe Spends Third Night in Detention over Abduction Protest

High Court Judge Justice Webster Chinamora on Friday 19 February, 2021 ordered the release from Harare Remand Prison of Allan Moyo, a pro-democracy campaigner and University of Zimbabwe (UZ) student, who had spent more than two months in jail after he was arrested by Zimbabwe Republic Police officers for allegedly calling for a revolt against President Emmerson Mnangagwa’s government.

The 23 year-old Moyo had been detained at Harare Remand Prison after his bail applications and an appeal were dismissed on three occasions by Harare Magistrates Judith Taruvinga, Barbra Mateko and High Court Judge Justice Davison Foroma.

But on Friday 19 February, 2021, Justice Chinamora ordered the release of Moyo, who was represented by Obey Shava of Zimbabwe Lawyers for Human Rights on RTGS$10 000 bail, after setting aside Magistrate Mateko’s decision to dismiss his application on changed circumstances which he had filed at Harare Magistrates Court early this month. Justice Chinamora also ordered Moyo to report at Mabelreign Police Station once every last Friday of the month and to continue residing at his given residential address.

Moyo was arrested on Monday 7 December 2020 by Zimbabwe Republic Police (ZRP) members, who charged him with incitement to commit public violence as defined in section 187(1)(a) of the Criminal Law (Codification and Reform) Act as read with section 36(1)(a) of the Criminal Law (Codification and Reform) Act. He was accused of calling for a revolt against President Mnangagwa’s government.

Meanwhile, Makomborero Haruzivishe, a 27 year-old pro-democracy campaigner on Friday 19 February 2021 appeared at Harare Magistrates Court facing charges of kidnapping as defined in section 93(1) of the Criminal Law (Codification and Reform) Act alternatively participating in a gathering with intent to promote public violence, breaches of peace or bigotry as defined in section 37(1)(a) of the Criminal Law (Codification and Reform) Act.

Prosecutors alleged that Haruzivishe together with other human rights activists Prince Gora and Youngerson Matete locked up some Impala Motor Spares employees inside a shop in central Harare on 15 October, 2020 and held and waved placards with messages denouncing the incarceration of Zimbabwe National Students Union leader Takudzwa Ngadziore, who had been detained for protesting against the abduction of Tawanda Muchehiwa, a Midlands State University student.

On Friday 19 2021, Haruzivishe, who is represented by Obey Shava, Paidamoyo Saurombe and Roselyn Hanzi of ZLHR, spent the night detained at Harare Central Police Station after a Warrant of Further Detention was granted by Harare Magistrate Sheunesu Matova to keep him in police cells until Saturday 20 February, 2021 when he returned to court again.

The order to detain Haruzivishe in police cells and not in prison cells came after his lawyers argued before Magistrate Matova that he must not be taken to prison as he had not yet been formally placed on remand.

On Friday 19 February, 2021, lawyers challenged the legality of Haruzivishe’s arrest arguing that he had been arrested by people who refused to identify themselves and who blindfolded and assaulted him.

Magistrate Matova rolled the matter to Saturday 20 February, 2021.

Source: Zimbabwe Lawyers for Human Rights

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