Source: Zimbabwe Lawyers for Human Rights
Magistrate Vakayi Chikwekwe on Monday 1 August 2016 freed Zimbabwe National Liberation War Veterans Association (ZNLWVA) Secretary for Information and Publicity Douglas Mahiya who is facing charges of undermining the authority of or insulting President Robert Mugabe in contravention of Section 33 (2) of the Criminal Law (Codification and Reform Act) Chapter 9:23 on $300 bail.
Mahiya 61, who was arrested last week was granted bail on the condition that he deposits $300 with the clerk of court and reports to the CID Law and Order Section twice a week.
Earlier in the day, the State tried to stop his release when it invoked Section 121 as amended by the 2016 amendment to the Criminal Procedures and Evidence Act. The section provides for a further detention in the event of an appeal where an accused has been admitted to bail.
ZLHR lawyer Harrison Nkomo argued that the section can only be invoked by way of application rather than notice of intention to appeal as the State had only made a notice of their intention to appeal rather than an actual application.
Magistrate Chikwekwe exercised his prerogative to uphold his decision of releasing Mahiya saying he was a suitable candidate for bail.
Nkomo also gave notice of his clients’ intention to apply for refusal of further remand. The matter will be heard on 12 August 2016. In a related matter police arrested senior ZNLWVA leaders Victor Matemadanda and Francis Nhando who are still in custody and are being represented by Beatrice Mtetwa and Irene Petras.
Source: Zimbabwe Lawyers for Human Rights