Source: The Guardian (UK) & AP & Reuters
Court has ruled it was unconstitutional to change charges against Evan Mawarire to attempting to overthrow government
A court in Zimbabwe has freed a pastor who organised a nationwide strike against the government, ruling that the police had violated his rights.
Magistrate Vakayi Chikwekwe told a packed courtroom that the decision to bring new charges in court against Pastor Evan Mawarire was unconstitutional.
“It’s my finding that the National Prosecuting Authority cannot charge the accused for [the first time in court without charges being read out to him,” Chikwekwe said.
Mawarire was originally charged with inciting violence when he was arrested on Tuesday, but prosecutors changed the charge just before his court appearance on Wednesday to more serious charges of attempting to overthrow a constitutionally elected government.
Mawarire’s lawyer protested that the change in the charges was unconstitutional and the magistrate agreed. Mawarire appeared in the packed Harare courtroom draped in the Zimbabwean flag after spending the night in police cells as officers searched his house, church and office.
Hundreds of singing supporters were waiting for Mawarire’s release.
“We are here in solidarity with a man of the cloth who is standing against a system that has impoverished the citizens of this nation,” Harare resident Pastor Ellard said.
Though Mawarire had called for further “stay at home” protests on Wednesday, queues built up as normal at bus and taxi ranks to ferry people to work, while most businesses were open.
Teachers reported for duty at most public schools, which are conducting mid-year examinations, while nurses and doctors were at work at state-run hospitals.
Mawarire last month posted a video online that has since gone viral, venting his anger about deteriorating social and economic conditions in Zimbabwe and urging citizens to hold the government to account.
“I am angered by the poverty and day-to-day struggles. The economy is not working and there are no jobs,” Zimbabwean activist Maureen Kademaunga told Reuters.
In an interview with the Guardian last week, the pastor called on the international community to put pressure on the government of the 92-year-old autocrat Robert Mugabe to “listen to its own citizens”.
“The [government] has stolen our money. It is out of touch with the problems we have … This is a non-violent movement, and must remain non-violent. It’s a confrontation of truth,” he said.
The preacher’s social media movement has rattled 92-year-old Mugabe’s administration, leading the state to accuse Mawarire of inciting public violence.
Anger is rising in Zimbabwe over high unemployment, corruption in government and shortages of money, which has seen people spending hours in bank queues to withdraw their money.
Zimbabwe’s government warned protesters on Tuesday they would face the “full wrath of the law” if they heeded Mawarire’s call, after his #ThisFlag movement organised the biggest anti-government demonstrations in a decade last week.
After his arrest, Mawarire supporters released a prerecorded video urging Zimbabweans to stage another stay-away protest on Wednesday.
Amnesty International said Mawarire’s arrest was a calculated plan by Zimbabwean authorities to intimidate activists before Wednesday’s protests.
“Instead of suppressing dissenting voices, Zimbabwean authorities should be listening to protesters like Evan Mawarire,” said Muleya Mwananyanda, Amnesty International’s deputy director for southern Africa.
The Associated Press and Reuters contributed to this report.
Source: The Guardian (UK) & AP & Reuters