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Nyore Madzianike
Senior Court Reporter
Writer Tsitsi Dangarembga yesterday denied allegations of participating in a gathering with intent to cause public violence and violating Covid-19 lockdown regulations when she allegedly participated in an illegal demonstration in Harare in July 2020.
Dangarembga, who is jointly charged with Julie Gabriel Barnes, denied the charges when she appeared before Harare magistrate Mrs Barbra Mateko.
Through their lawyer Mr Chris Mhike, Dangarembga and Barnes were quick to make an application for exception to the charges, arguing that the charges are incompetent at law.
The State alleges that on July 31, 2020 at corner Whitwell Road and Freedom Legacy Way (Borrowdale Road), Dangarembga and Barnes unlawfully gathered holding placards inscribed: “We want better reform our institutions, free Hopewell Free Jacob #Zimbabwe.”
The two in their application for having the charges dropped argue: “In all fairness, the facts outlined in the foregoing paragraph, do not disclose any offence as they do not exude the essential elements of the alleged offence.
“Whether the allegation is that the accused gathered by joining other unknown or unidentified persons, or that the gathering referred to constituted only two people, that is, accused 1 and the second accused, is not clear from both the charge sheet and the outline of the State case.
“Further, the charge does not identify the specific words that are deemed to be obscene, threatening, abusive or insulting,” they said.
They also argue that gathering and holding placards, does not constitute an offence.
“How the expression of opinions through the placards that accused were holding could amount to a provocation of breach of peace, is a mystery,” they said.
Dangarembga and Barnes, in their application, said charges of violating the lockdown measures were quashed at the High Court.
“The State was served with a copy of the order on 23 June 2021, but did not bother to respond to defence counsel’s correspondence, or to act on the directives of the High Court,” they said.
In denying the charges, Dangarembga and Barnes said they never participated in a gathering as alleged. They also denied attending a meeting convened for purposes of promoting public violence, breach of peace, or bigotry.
“In yearning for a better life, advocating institutional reform, and searching media freedom, accused persons were freely expressing their reasonable desires and opinions.
“They were exercising the fundamental rights that are specifically protected under the Constitution of Zimbabwe, not provoking anyone or breaching the law as alleged,” they said.
Prosecutor Mrs Valerie Ngoma is expected to respond to Dangarembga and Barnes’ application on March 16 with Magistrate Mrs Mateko making a ruling on March 25.
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