Nqobani Ndlovu reporter with the privately owned Standard weekly newspaper was finally released from Khami remand prison on the afternoon of 26 November 2006 in compliance with the order for his immediate release by High Court judge Justice Nicholas Matonsi.This followed the dismissal of the States appeal for his continued detention by Justice Matonsi on 25 November 2010. Dismissing the appeal, Justice Matonsi said the appeal was entirely without merit and accordingly threw it out. Ndlovu was arrested on 17 November 2010.
MISA-Zimbabwe Chairperson Loughty Dube said Ndlovus release was a positive and welcome development, but nonetheless decried the delay in releasing him as he spent another night in remand prison despite the High Court decision.
Alpha Media Holdings chief executive officer Raphael Khumalo said: I am delighted that at long last the young man has been released. It should never have happened (the arrest). Our lawyers are going to challenge all sections used to deny Ndlovu his freedom particularly Section 121 (of the Criminal Procedure and Evidence Act).
Background
The appeal by the State was instituted following the granting of US$100 bail by Bulawayo Magistrate Sibongile Msipa on 22 November 2010, which prompted the State to invoke section 121 of the Criminal Procedure and Evidence Act (CPEA) which effectively quashes the bail granted pending the hearing of the appeal.
Ndhlovu was initially being charged with contravening Section 96 (1) (a) of the Criminal Law (Codification and Reform) Act. However, he now faces an additional charge in terms of Section 31 of the same Act.
The charges arose from a story written by Ndlovu in the Standard edition of 14 November 2010 alleging that police promotional examinations were being scrapped to facilitate the absorption of war veterans and retired police officers in the police force ahead of the 2011 elections.
Post published in: News