Judge ends Moyo’s lengthy incarceration

As Haruzivishe spends the third night in detention over abduction protest

Allan Moyo

HIGH Court Judge Justice Webster Chinamora on Friday 19 February 2021
ordered the release from Harare Remand Prison of Allan Moyo, a
pro-democracy campaigner and University of Zimbabwe (UZ) student, who
had spent more than two months in jail after he was arrested by
Zimbabwe Republic Police officers for allegedly calling for a revolt
against President Emmerson Mnangagwa’s government.

The 23 year-old Moyo had been detained at Harare Remand Prison after
his bail applications and an appeal were dismissed on three occasions
by Harare Magistrates Judith Taruvinga, Barbra Mateko and High Court
Judge Justice Davison Foroma.

But on Friday 19 February 2021 Justice Chinamora ordered the release
of Moyo, who was represented by Obey Shava of Zimbabwe Lawyers for
Human Rights on RTGS$10 000 bail after setting aside Magistrate
Mateko’s decision to dismiss his application on changed circumstances
which he had filed at Harare Magistrates Court early this month.
Justice Chinamora also ordered Moyo to report at Mabelreign Police
Station once every last Friday of the month and to continue residing
at his given residential address.

Moyo was arrested on Monday 7 December 2020 by Zimbabwe Republic
Police (ZRP) members, who charged him with incitement to commit public
violence as defined in section 187(1)(a) of the Criminal Law
(Codification and Reform) Act as read with section 36(1)(a) of the
Criminal Law (Codification and Reform) Act. He was accused of calling
for a revolt against President Mnangagwa’s government.

Meanwhile, Makomborero Haruzivishe, a 27 year-old pro-democracy
campaigner on Friday 19 February 2021 appeared at Harare Magistrates
Court facing charges of kidnapping as defined in section 93(1) of the
Criminal Law (Codification and Reform) Act alternatively participating
in a gathering with intent to promote public violence, breaches of
peace or bigotry as defined in section 37(1)(a) of the Criminal Law
(Codification and Reform) Act.

Prosecutors alleged that Haruzivishe together with other human rights
activists Prince Gora and Youngerson Matete locked up some Impala
Motor Spares employees inside a shop in central Harare on 15 October
2020 and held and waved placards with messages denouncing the
incarceration of Zimbabwe National Students Union leader Takudzwa
Ngadziore, who had been detained for protesting against the abduction
of Tawanda Muchehiwa, a Midlands State University student.

On Friday 19 2021, Haruzivishe, who is represented by Obey Shava,
Paidamoyo Saurombe and Roselyn Hanzi of ZLHR, spent the night detained
at Harare Central Police Station after a Warrant of Further Detention
was granted by Harare Magistrate Sheunesu Matova to keep him in police
cells until Saturday 20 February 2021 when he returned to court again.

The order to detain Haruzivishe in police cells and not in prison
cells came after his lawyers argued before Magistrate Matova that he
must not be taken to prison as he had not yet been formally placed on

On Friday 19 February 2021, lawyers challenged the legality of
Haruzivishe’s arrest arguing that he had been arrested by people who
refused to identify themselves and who blindfolded and assaulted him.

Magistrate Matova rolled the matter to Saturday 20 February 2021.

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