Gwisai case: Ruling deferred

should be placed on remand on treason charges has been set for next Monday at the Harare Magistrates’ Courts.
The 46 were arrested for allegedly plotting to illegally topple a constitutionally-elected government.
They are in custody pending determination of the application.
Harare Provincial Magistrate Mr Munamato Mute-vedzi ordered the State to file its response to the application by end of day tomorrow.
Law Officer Mr Edmore Nyazamba from the Attorney-General’s Office and Mr Dumisani Mthombeni told the court that they needed time to study a South African judgement on treason that the defence cited in its argument.
According to the defence, the judgment states that incitement on its own does not constitute treason.
The State said it wanted to see if this was compatible with Zimbabwe’s legislation.
Mr Nyazamba said they would file a written response tomorrow.
Earlier, defence lawyer Mr Alec Muchadehama had told the court that his clients needed medical attention.
He said they included those on ART and those with asthma among others.
Mr Mutevedzi ruled that those who needed urgent and special attention should be seen by their personal doctors at the remand prison.
The group was arrested at a meeting in Harare, which police said they had not been notified of in terms of the law.
During cross-examination by the State, Gwisai told the court that it was an internal educational meeting and lecture to discuss the concept of democracy within the context of recent events in Egypt.
He said they were also commemorating the life of a recently-deceased HIV activist and there was thus no need to notify the police.
Gwisai denied he had incited public violence.
However, Mr Nyazamba went on: “You made it appear as if it was a church service and you ordered one Pastor Jimu to lead the delegation into praise and worshipping.
“Is it not true that you were disguising the true nature of the meeting and this shows that something sinister was happening?”
Gwisai said they were singing and praying before the police arrived.
The State also cross-examined another accused, Antonator Choto.
Asked why they hurriedly hid equipment such as a laptop, projector and DVD’s when the police arrived, Choto said it was just a precaution because they did not know who was raiding them.
Mr Nyazamba said a witness who will testify against them during trial said that they were being told at the meeting that even if they were to remove President Mugabe, Mr Morgan Tsvangirai would not be allowed to replace him.
The witness will further testify that the suspects described Mr Tsvangirai as a capitalist and Western stooge.
The State says on February 19 this year, Gwisai (46), Choto (36) and Tatenda Mombeyarara convened a meet-ing at number 43 Julius Nyerere Way.
Entry was allegedly by invitation only and the theme was, “ISO calls on workers, students and working people to support the struggle in solidarity with Egyptian and Tunisian workers”.