Harare mayor Bernard Manyenyeni
Manyenyeni who was charged with contravening Section 174 of the Criminal Law (Codification and Reform) Act, was released on Friday 1, July after the Magistraste said his rights provided for in section 50(3) of the constitution had been breached and that there were glaring discrepancies by the State and its witnesses.
He was represented by Zimbabwe Lawyers for Human Rights (ZLHR ) lawyer professor Lovemore Madhuku  who told the Court that his client had been detained for more than 48 hours.  He cited section 50 (3) of the constitution which clearly states that any person who is not brought to courts within 48 of arrest or detention should be released immediately arguing that this section must be alive to the provisions in the bill of rights contained in Chapter 4 of the constitution. Professor Madhuku told the Court, the arrest which came on the heels of a High Court judgement ordering  the immediate reinstatement of the Mayor who had been previously suspended by Local Government Minister was aimed at preventing him from taking on his duties as Mayor of Harare.
He also cited the “Dirty Hands Doctrine†arguing that it would not be fair for the State to approach the courts with dirty hands as it had breached the constitution by detaining Councillor Manyenyeni for more than 48 hours.
In handing down judgement, Magistrate Chikwekwe said Section 50 (2) was clear and straight forward and that he was compelled to by the law to release Councillor Manyeneyeni because section 50(3) was clear. The Magistrate also said the state witnesses failed to prove that the accused person had not been detained for more than 48 hours.
The first state witness, Savious Kufandada, a senior investigating officer with Zimbabwe Anti-Corruption Commission said the arrest had been made at 1240 hours while another State witness one Chidavaenzi, an officer with the Zimbabwe Republic Police (ZRP) said the arrest had occurred at 1430 hours. Kufandada went on to produce evidence on his mobile phone bearing a message sent by one of the officers who arrested Councillor Manyenyeni. The message which read; “Tatora†a confirmation that Councillor Manyenyeni had been arrested was delivered at 1117.
Magistrate Chikwekwe then ruled that the evidence given by the accused witness Mr Mufundo Mlilo, that  Councillor Manyenyeni had been arrested around 1030 was undisputed as there were telephone records to back it up. The ZACC and ZRP accused Councillor Manyenyeni of committing corruption in the recruitment of companies, which were involved in the shortlisting of candidates for the position of Town Clerk for the City of Harare.
However his lawyer argues that Councillor Manyenyeni was acting on behalf of the City of Harare and could therefore not be charged in his personal capacity.