THE High Court has ended the 52-day pre-trial detention of former Mkoba North constituency legislator Hon. Amos Chibaya by ordering his release from prison on bail after setting aside a lower court’s decision denying him his freedom following his arrest on charges of incitement to commit public violence.
Hon. Chibaya was arrested on 30 September 2024 by some Zimbabwe Republic Police officers following his release from Harare Remand Prison, where he had been detained on a pending matter, and charged with incitement to commit public violence as defined in section 187 of the Criminal Law (Codification and Reform) Act as read with section 36 of Criminal Law (Codification and Reform) Act.
According to prosecutors. Hon. Chibaya, allegedly incited some Citizens Coalition for Change (CCC) political party supporters, whom he reportedly addressed outside the precincts of Harare Magistrates Court on 25 June 2024, where Senator Jameson Timba and some CCC political party supporters had just appeared in court.
Hon. Chibaya, prosecutors alleged, unlawfully uttered some words inciting the CCC political party supporters to revolt through the use of force against some so-called “legal authorities”, who were keeping Senator Timba and other Harare residents in prison.
The former Mkoba North constituency legislator was accused of uttering some words, which include “Chi regime chinodhla vanhu, chikaona vanhu chinobvunda”, “Havana kuhwina ma elections, togona kufuma tavakutonga”, “Zimbabwe haisi ye ZANU PF”, “Zimbabwe is not a Mnangagwa Dynasty” and “Zvekumbunyikidza vanhu zvinofanira kupera”.
Owing to the alleged uttering of the inciting words by Hon. Chibaya, some unnamed people, who had been addressed by Hon. Chibaya, reportedly promised to forcibly take some prisoners out of detention while stating that “tichavatora nechisimba, eheeee”.
When Hon. Chibaya appeared in court on 14 October 2024, he was denied bail by Harare Magistrate Dennis Mangosi, who ruled that the former legislator would abscond from standing if released from prison hence it was necessary to secure his attendance for his trial at Harare Magistrates while detained in prison.
But Hon. Chibaya on Friday 22 November 2024 was set free from prison after Harare High Court Judge Justice Gibson Mandaza allowed his appeal filed by his lawyer Chris Mhike of Zimbabwe Lawyers for Human Rights, who challenged his denial of bail by Magistrate Mangosi.
Justice Mandaza set aside Magistrate Mangosi’s decision and ordered Hon. Chibaya to pay US$500 as bail money and to report once every fortnight on Fridays at a police station and to continue residing at his given residential address and not to interfere with state witnesses, particularly one Tendai Godfrey Kutiwa.
ENDS
Zimbabwe Lawyers for Human Rights
Kodzero/Amalungelo House
No. 103 Sam Nujoma Street, Harare, Zimbabwe
Phone: (+263 8677005347, +263 242 764085/705370/708118
Email: info@zlhr.org
www.zlhr.org.zw
FOLLOW US:@ZLHRLAWYERS ON X| ZIMBABWE LAWYERS FOR HUMAN RIGHTS
ON FACEBOOK
