26 August 2009
HRD’s Watch

MAGISTRATE SETS DATE FOR DELIVERY OF RULING IN ZINASU LEADERS’ APPLICATION

Harare Magistrate Munamato Mutevedzi will on Tuesday 01 September 2009 deliver a ruling on an application for refusal of remand filed by four Zimbabwe National Students Union (ZINASU) leaders, who are accused of participating in a gathering with intent to promote public violence, breach of peace or bigotry.

Magistrate Mutevedzi set the date to deliver the ruling after defence lawyer and Zimbabwe Lawyers for Human Rights (ZLHR) member Jeremiah Bamu applied for the removal from remand of the ZINASU President Clever Bere and three other representatives of the students union namely Kudakwashe Chakabva from the Harare Polytechnic, Archieford Mudzengi from the Zimbabwe School of Mines, and Brian Rugondo from the University of Zimbabwe (UZ), who were arrested early this month.

In his application Bamu told Magistrate Mutevedzi that there was no reasonable suspicion that the four committed any offence. Bamu said it was insufficient for the State to allege that some of the student leaders had tried to incite violence at the UZ campus. He said the aspect of inciting violence was not addressed in the Form 242 before Magistrate Mutevedzi and that the State had fallen short of identifying who amongst the four students incited people to be violent.

Bamu said the State had conceded that the T-Shirts inscribed “Take Charge to Complete the Change,” which the four students were allegedly distributing at the UZ campus did not contain anything unlawful. 

Earlier on Tuesday 25 August 2009, Magistrate Mutevedzi was forced to postpone the matter to Wednesday 26 August 2009 after court officials failed to locate the court record.