THE High Court has criticised the decision of a junior judicial officer, who denied bail to a Beitbridge resident, as a grave misdirection.
Bhekhimpilo Mbedzi, a 41 year-old Beitbridge resident spent 18 days in detention as Beitbridge Resident Magistrate Takudzwa Gwazemba dismissed his bail application on 18 July 2026 after ruling that the justice system will be undermined if he was to be admitted to bail as he would interfere with state witnesses and had a propensity to commit crimes.
Mbedzi was arrested by Zimbabwe Republic Police (ZRP) officers on 16 July 2026 and charged with incitement as defined in Section 187 of the Criminal Law (Codification and Reform) Act and inciting to conduct an unlawful gathering as defined in Section 7(1)(a) of the Maintenance of Peace Act.
He was accused of inciting people to stage an anti-government protest in what was perceived as a broader onslaught against dissent over opposition to the recent amendment of the Constitution.
In court, prosecutors alleged that Mbedzi self-recorded and posted a video on Facebook on 10 July 2026 mobilising and inciting members of the public to conduct an unlawful gathering on 31 July 2026, without giving notice to the regulatory authority, which is ZRP, in protest against the enactment of Constitution of Zimbabwe (Amendment) Act (No.3), 2026.
Prosecutors alleged that Mbedzi was seen holding a placard inscribed “No To 2030” while mobilising people to join him in demonstrating against the amendment of the Constitution.
The prosecutors charged that Mbedzi acted unlawfully as his actions were intended to persuade and induce people to commit a crime, which violates the provisions of both the Criminal Law (Codification and Reform) Act and the Maintenance of Peace Act.
In a scathing judgment, which was handed down on 3 August 2026, Masvingo High Court Judge Justice Christopher Dube-Banda described Magistrate Gwazemba’s decision in denying Mbedzi bail as a grave misdirection as he should have set the Beitbridge resident free when he applied to be set free at Beitbridge Magistrates Court in July.
Justice Dube-Banda’s judgment came after hearing and presiding over an appeal filed by Mbedzi against Magistrate Gwazemba’s refusal to grant him bail pending trial.
Justice Dube-Banda noted that there had been several misdirections on the part of Magistrate Gwazemba, who dismissed Mbedzi’s bail application and ruled that it will not be in the interest of justice to refuse to admit the Beitbridge resident to bail and that the interest of justice and the bail system are unlikely to be undermined by his release on bail.
Resultantly, Justice Dube-Banda ordered that Mbedzi should be released from prison on bail and asked him to pay US$200 and to report at a local police station twice a week until his matter is finalised including not to interfere with state witnesses.
Mbedzi was also ordered to continue residing at his given residential address, not to interfere with state witnesses and to surrender his passport to the Clerk of Court at Beitbridge Magistrates Court.
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