HARARE – Police arrested Fadzayi Mahere, the spokesperson for the Movement for Democratic Change on Monday in the latest crackdown against free speech.

Mahere was detained after attending a police station by appointment following a visit by detectives a day earlier when they failed to locate her, her lawyers said.

The 35-year-old became the third person to be charged over a Twitter post last week saying a police officer had beaten and killed a child strapped to its mother’s back using a baton after a video of the alleged incident went viral.

Police said last Thursday investigations showed the baby was alive.

Freelance journalist Hopewell Chin’ono and MDC Alliance lawmaker for Zengeza West Job Sikhala were in court separately on Monday facing similar charges as Mahere: publishing or communicating false statements prejudicial to the state or alternatively undermining public confidence in law enforcement agency.

Mahere will only appear in court on Tuesday, police said, the same day that a magistrate will rule on an application brought by Chin’ono challenging his placement on remand.

Lawyers for the journalist told magistrate Lazini Ncube that the law under which he is charged – section 31 of the Criminal Law (Codification and Reform) Act – was previously declared void by the Constitutional Court and therefore does not exist.

“A Constitutional Court judgment exists in the case of Constantine Chimakure and others (CCZ6 of 2014), ruling that the offence he is facing is unconstitutional,” defence lawyer Harrison Nkomo argued.

“Section 31 (a)(iii) is not part of our law. The arrest is arbitrary and has no foundation at law. He cannot be tried on a law that does not exist.”

He said if the purported law is void, it is a nullity and the State case must fall.

The prosecution led by Nancy Chandakaona insisted that it will stand by its arguments that an offence was committed.

“Freedom of expression is not absolute and has its limitations in section 61 sub-section 5 of the Constitution,” Chandakaona argued.

“The media’s role is appreciated for informing the public but there should be guaranteed protection from harm in that dispensation. His statement was published on social media and it undermines public confidence in the police.”

Chin’ono was first arrested in July on charges of inciting violent anti-government protests. He was arrested again in November on charges of obstructing justice.

Sikhala appeared before magistrate Ngoni Nduna represented by Nkomo, Jeremiah Bamu and Paida Saurombe while Constance Ngombengombe prosecuted.

The defence team raised concerns that Chin’ono, who declared that he was in contact with two people who later tested positive for Covid-19, had been placed in the same cell as Sikhala potentially exposing him to Covid-19.

Sikhala, the lawyers said, had also been interrogated in Office 93 at the Criminal Investigations Department’s Law and Order office at Harare Central Police Station without it being disinfected.

“This was callous and police must be ordered to give a detailed report why they did so,” Bamu said.

The matter could not proceed after prison officers said they were facing traffic challenges and needed to move all prisoners at the court at the same time.

Nduna postponed the hearing to Tuesday.