HARARE – Activist pastor Evan Mawarire and Zimbabwe Congress of Trade Union president Peter Gift Mutasa had their application challenging further remand dismissed by a Harare magistrate on Tuesday.
Mawarire and Mutasa are accused of plotting to topple the government after they posted videos online inviting members of the public to engage in a three-day peaceful work stay-away protest in January this year.
Through their lawyers, Alec Muchadehama and Tonderai Bhatasara, the two challenged further remand after their trial failed to commence on Monday.
The State applied for a longer remand saying investigations were not complete.
This was despite the fact that another prosecutor Sebastian Mutizirwa had stated previously that the trial will commence on Monday this week.
Kufa said she had no authority to preside over the duo’s trial.
Kufa noted that all parties consented to referral of the matter to a regional court, when the court has no jurisdiction to try the matter.
“It is the court’s view that the matter may not be admitted to this court for trial,” she said.
“Also important to note is that a five months delay does not constitute inordinate delay,” she ruled adding that any prejudice suffered by Mutasa and Mawarire can be cured though a variation of their bail conditions.
The matter was postponed to July 9.
Mawarire and Mutasa put the State on notice that should it fail to provide them with a trial date, they will lodge another application for refusal of further remand.
Meanwhile, human rights lawyer Jeremiah Bamu successfully applied for Mutasa’s variation of reporting conditions.
Mutasa was reporting once a fortnight at CID Law and Order and will now report every last Friday of each month till the matter is finalised.
In another court, magistrate Barbra Mateko dismissed Harare West MDC Member of Parliament Joana Mamombe’s application for refusal of further remand.
Mamombe had lodged the application after the state sought another postponement to July 23 on the basis that there is need to verify a video from the cyber lab.
The MP is also facing a subversion charge after she held a press conference where she allegedly invited members of her constituency to join hands with trade unions to overthrow the government.
She had challenged the State’s justification for another postponement. Mateko said the court is satisfied with the case’s progress and that there was no inordinate delay in trying Mamombe as she has been on remand for five months, before remanding the matter to July 23.
Mamombe also notified the State that if it fails to furnish her with a trial date on July 23, she will apply for refusal of further remand.
Meanwhile, Mamombe’s trial on a separate matter in which she stands accused of providing a false address to the Zimbabwe Electoral Commission during the National Biometric Voter Registration (BVR) exercise in February last year was postponed to July 31.
