High Court appeal in facebook case

facebookZimbabwe Lawyers for Human Rights on 17 March 2011 filed an appeal with the High Court challenging a Bulawayo magistrates denial of bail to Vikas Mavhudzi who is facing charges of attempting to overthrow the government through comments posted on Prime Minister Morgan Tsvangirais facebook wall.

According to the heads of argument filed by Lizwe Jamela who is representing Mavhudzi, magistrate Gideon Ruvetsa erred when he denied the accused bail.

He said the state had not proved how a simple and unsophisticated man could pose a threat to the safety of the public and security of the state which had security structures at its disposal nationwide.

Jamela argued that the court had no reason to assume that his client was going to continue sending messages to people encouraging them to revolt against the government. Jamela told MISA-Zimbabwe that the state had since filed its opposing papers on 21 March 2011.

Mavhudzi who was arrested in Bulawayo on 24 February 2011, was remanded in custody to 25 March 2011.

Background

Through the facebook posting, Mavhudzi is alleged to have “unlawfully or suggested to Tsvangirai the taking over or attempt to take over the government by unconstitutional means or usurping the functions of the government.

He had thus allegedly sent an email to the Prime Minister saying: I am overwhelmed, I dont want to say Mr or PM what happened in Egypt is sending shockwaves to dictators around the world. No weapon but unity of purpose worth emulating, hey.

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