According to the Zimbabwe Lawyers for Human Rights (ZLHR) whose member Belinda Chinowawa, is representing Mukombwe who was granted a $20 bail by a Bindura magistrate only for the police prosecutor Clement Kawanda to invoke the Section 121 of the Criminal Evidence and Procedure Act (CPEA) to suspend bail pending an appeal to the High Court.
Kuwanda alleged that Mukombwe a resident of Bindura undermined the authority of the police when he made a statement in a public place on July 2nd along Church rd in Chipadze Township, Bindura Mashonaland Central Province which was directed at police constable Nemiah Muzunda.
The police prosecutor alleges that Mukombwe said that; “Makajaidzwa naMugabe, munofunga kuti chipurisa chinoshamisira here? Zvenyu zvokupinda nechiZanu PF hazvina basa saka ini ndinoda kukuuraya.”
The state interpreted the statement as to mean in English; “You have been spoiled by Mugabe. You think the police work is special? Your joining of the force through Zanu PF is useless, so I want to kill you.”
Section 121 has been in the past few months been invoked by the state to deny people bail for seven days pending the filing of an appeal by the state in the High Court.
In a statement the ZLHR said it, “is perturbed by the actions of the state in continuing to unnecessarily infringe upon the fundamental right to liberty of accused person by bringing up Section 121 of the CPEA. This is despite the fact that the constitutionality of Section 121 is being challenged in numerous cases which are yet to be heard by the Supreme Court of Zimbabwe.”
The human rights campaigners said that they remained concerned over the increasing number of cases in which Section 121 of the CPEA has been arbitrarily invoked especially against political activists and other genuine human rights defenders in Zimbabwe.
The state has invoked section 121 to deny, people like Minister Elton Mangoma, Douglas Mwonzora, Munyaradzi Gwisai and WOZA activists bail, most of the cases have eventually faltered and crumbled like the proverbial deck of jacks.
Post published in: News