PHOTO | FILE | NATION MEDIA GROUP
On Friday 15 September 2023, ZLHR secured the release from police
custody of Harare Deputy Mayor and Ward 41 Councillor Kudzai Kadzombe,
who was arrested by Zimbabwe Republic Police (ZRP) officers on
Thursday 14 September 2023 and faced two charges of assault as defined
in section 89 of the Criminal Law (Codification and Reform) Act and
obstruction of voter as defined in section 149 of the Electoral Act.
In court, prosecutors alleged that Councillor Kadzombe assaulted Saeed
Musaengana, a resident and a voter, at Civic Centre area in
Marlborough suburb in Harare West constituency on 23 August 2023,
while he was walking on a path on his way to a polling station
intending to cast his vote.
On the charge of obstruction of voter, prosecutors claimed that
Councillor Kadzombe unlawfully and wilfully obstructed Musaengana,
while he was on his way to a polling station, by holding him with his
hands placed on his neck and grabbing the back of his neck.
Councillor Kadzombe, who was represented by Paidamoyo Saurombe, Ruthy
Chibwe, Jeremiah Bamu, Kelvin Kabaya and Tinashe Chinopfukutwa of
ZLHR, was released from custody on free bail on Friday 15 September
2023 by Harare Magistrate Dennis Mangosi.
She returns to court on 2 October 2023, where prosecutors undertook to
furnish her with a trial date.
Her lawyers notified prosecutors that if they fail to provide her with
a trial date on 2 October 2023, they will file an application seeking
an order compelling Magistrate Mangosi to remove her from remand.
On Thursday 14 September 2023, Harare Magistrate Marehwanazvo Gofa
also set free Clayd Mashozhera, the Ward 10 Councillor in Sunningdale
constituency in Harare on bail after he had been arrested by ZRP
officers on 12 September 2023 and charged with three counts of
attempted murder as defined in section 189(1) of the Criminal Law
(Codification and Reform) Act as read with section 47 of the Criminal
Law (Codification and Reform) Act and malicious damage to property as
defined in section 140 of Criminal Law (Codification and Reform) Act.
Prosecutors alleged that on a period between Tuesday 22 August 2023
and Wednesday 23 August 2023, Councillor Mashozhera, who was in the
company of 14 unidentified accomplices and were driving various
vehicles, blocked one of the complainants, Cyril Nyauchi’s vehicle, a
Toyota Spacio and forced Artwell Marwa and Spencer Mudarikwa, the
other two complainants out of the vehicle.
After doing this, Councillor Mashozhera, who was represented by Tapiwa
Muchineripi of
ZLHR, and some of his unidentified accomplices, reportedly assaulted
Nyauchi all over his body using truncheons, iron bars, small axes and
sjamboks and this resulted in him sustaining severe injuries.
With regard to the charge of malicious damage to property as defined
in section 140 of Criminal Law (Codification and Reform) Act,
prosecutors claimed that Councillor Mashozhera and the alleged 14
accomplices, blocked Nyauchi’s vehicle and forced Marwa and Mudarikwa
of their vehicle and then set the vehicle on fire.
As a result, prosecutors charged that US$10 000, tyres, an empty fuel
jerry can, a Samsung mobile phone handset and a Nokia mobile phone
handset all valued at US$15 600, were all lost during the incident.
On Thursday 14 September 2023, Harare Magistrate Marehwanazvo Gofa set
free Councillor Mashozhera after admitting him to US$350 bail and
ordering him to report twice per week on Monday and Friday at Harare
Central Police Station, not to interfere with state witnesses and to
continue residing at his given residential address.
Apart from Councillor Mashozhera, ZRP officers had on Tuesday 12
September 2023 also arrested and detained Sunningdale constituency
legislator Hon. Maureen Kademaunga and charged her with attempted
murder and malicious damage to property.
Hon. Kademaunga, who was represented by Harrison Nkomo of ZLHR, was
released from custody on Wednesday 13 September 2023 after the
National Prosecuting Authority conceded that there was no iota of
evidence linking the opposition legislator to the commission of the
alleged offence.