Judge recuses self

Justice Joseph Musakwa recused himself after he reportedly indicated that he worked with three of the appellants when he was the director of public prosecutions.
Thabani Mpofu, Felix Matsinde and Mehluli Tshuma and former Harare councillor Warship Dumba are facing charges of impersonating the police, possession of articles for criminal use and breaching the Official Secrets Act.

Mpofu is facing two additional charges of contravening the Firearms Act after he failed to renew his firearm certificate and did not secure it adequately.
Harare lawyer Beatrice Mtetwa was also arrested for allegedly obstructing the course of justice by trying to stop the arrests.
The quartet, represented by Mr Alec Muchadehama, Ms Phillipa Dube and Mr Chris Mhike, later appeared before Justice Chinembiri Bhunu.

In the appeal, Mr Muchadehama said the Harare magistrate Ms Marehwanazvo Gofa was misdirected when she denied the four bail.
“Several arguments were made for the granting of bail before the presiding magistrate.
“She came out with four lines in her ruling and we have an appeal against the magistrate’s refusal to grant bail pending trial on the basis she misdirected herself.

“We will rely on averments in the bail statements and authorities cited and she (Ms Gofa) told the court the accused are facing serious offences which interfere with public security and safety.
“She added that there is a likelihood they will abscond considering the seriousness of the offence and those were the only reasons she tabled before the court.”

He said these reasons were inadequate.
“Even the State accepts there were no detailed reasons in her ruling. She should have acted judiciously and granted bail where it was warranted since we even proposed onerous bail conditions,” Mr Muchadehama said.