HARARE – MDC MP Joana Mamombe, the first woman to be charged with treason in Zimbabwe, will learn on Tuesday if her arrest is upheld or set aside after a marathon court hearing on Monday.

The Harare West legislator was charged with attempting to overthrow the government of President Emmerson Mnangagwa, following her arrest in Nyanga where she was on parliamentary business last Saturday.

Zimbabwe’s youngest lawmaker is accused of asking constituents to support anti-government protests crushed by the military in January.

She faces 20 years in prison if convicted.

She is among dozens of opposition officials, labour leaders and activists arrested following the protests over a sharp rise in fuel prices and deteriorating economic conditions. Pastor Evan Mawarire and labour leaders Japhet Moyo and Peter Mutasa also have been charged with subversion.

Police say over 1,000 people were arrested.

Harare magistrate Rumbidzai Mugwagwa, in a remand hearing lasting almost nine hours, heard defence arguments that the 25-year-old’s arrest was unlawful.

Defence lawyer Obey Shava of the Zimbabwe Lawyers for Human Rights also argued that the police had held Mamombe beyond the 48 hours permissible by law before bringing a suspect before a court.

The defence led evidence from Harare lawyer Jeremiah Bamu who narrated how after learning of Mamombe’s seizure by men in civilian clothing, who told her they were from the CID Law and Order department in Harare, he had gone to Harare Central Police Station looking for his client.

Bamu said police informed him they did not know an Ernest Moyo, the name of the police officer who allegedly led the arrest. Police would not disclose where Mamombe was, he said.

The lawyer, by chance, said he went looking for one of the detectives and found Mamombe sitting on a bench inside the police station.

Shava argued Nyanga police should have been involved in any arrest as they have jurisdiction, arguing Mamombe was wrongly before the court in Harare.

“We have six strange men and one female arresting a 25-year-old lady, an MP, without identifying themselves. That requirement can never be over emphasized and after failing to identify themselves, they took her into their vehicle where they were just quiet all the way from Nyanga to Harare,” the lawyer said.

“The accused was placed in a situation where she was not aware of what was taking place. Their conduct falls short of constitutional provisions.”

Treason is a Schedule 3 offence, and only the High Court can grant bail, but lawyers hope the magistrate will find Mambombe’s arrest unlawful and refuse to place her on remand.

Mamombe told the court how on February 25, between 10 and 11PM, armed men went to her mother’s house looking for her. The MP said she spoke to one of the men on the phone, and explained that she was in Nyanga on parliamentary business.

The man threatened to “punish” her if she liked about her whereabouts.

“I was arrested on Saturday at Montclair in Nyanga. It was scary, they followed me up to the bus before they arrested me. I refused to go with them because they didn’t identify themselves. I was so scared. I asked for their IDs but they refused only saying they were from CID Law and Order,” Mamombe testified.

Mamombe said she told the suspected police that she was not coming with them back to Harare and demanded to notify the Speaker if Parliament Jacob Mudenda, since she was on parliament business.

She said one of the officers showed his ID to the speaker but making sure she would not see the details. She said Mudenda later asked her to go with the police after confirming their identity.

She was subsequently taken to Harare where she was formerly charged.

The prosecution argued the MP’s arrest was lawful.