Adv Mahere granted bail

Sunday Mail reporter
Harare lawyer Advocate Fadzayi Mahere and five others who were arrested on Friday were released yesterday on US$100 each bail by Harare provincial magistrate, Mr Vakayi Chikwekwe. Mahere, Mudiwa Mahere, Henry Munangatire, Talent Chademana, Nyasha Musandu and Thobekile Ncube were charged with participating in a gathering with the intention of promoting public violence to breach the peace as defined in Section 37(1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23), or alternatively with disorderly conduct in public place.

They return to court December 1, 2016.
The six were ordered to report to the police once per fortnight and to reside at their given addresses until the matter is finalised.
Prosecutor Mr Oscar Madhume opposed bail but Mr Chikwekwe ruled in favour of the defence, led by Mr Jeremiah Bhamu of Zimbabwe Lawyers for Human Rights.

“There is no way the accused can interfere with unknown witnesses, the State failed to disclose the names of the witnesses if at all they exist,” the magistrate said.

Mr Chikwekwe said the Constitution was clear on where bail was to be granted or denied.
Earlier, the State had applied for a warrant of further detention as the police had not furnished the court with proper documentation relating to the case.

However, Mr Chikwekwe said there was no reasonable justification why the police had not brought the charge sheet, ordering the State to return to the court in an hour with its house in order.

Mr Bhamu notified the court of the defence’s intention to challenge the sextet’s arrest and detention.
He said the accused were not informed of the reasons for their arrest, which was a violation of their constitutional rights.

Meanwhile, Pastor Phillip Mugadza was granted US$50 bail after he was arrested for allegedly violating Section 6 of the Flag Act by unlawfully and intentionally wearing or displaying the national flag without securing prior permission as required at law.

He appeared before Mr Chikwekwe who remanded him to November 29 and ordered him to reside at his given address and not to interfere with witnesses.