Minister Timba released

af-ter a High Court Judge ruled that his detention was unconstitutional.

Minister Timba yesterday appeared before Justice Joseph Musakwa following the Saturday night order compelling police to bring him to court and justify his incarceration.
He is being charged with undermining the authority of the President by calling him a liar.

The minister’s lawyers – Advocate Thabani Mpofu and Mr Selby Hwacha – submitted that police had breached their client’s constitutional rights.
They said Minister Timba was denied le-gal representation, food and barred from communicating with anyone.

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Minister Timba, the court heard, was only told of the charges he was facing minutes before his court appearance.
Lawyers said the minister was first taken to Harare Central then Matapi Police Station before being transferred to St Mary’s Police Station in Chitungwiza.

Adv Mpofu denied his client had called the President a liar, saying police were basing their charges on a newspaper article.
He said the article in question did not show that the Minister committed any cri-me, as he did not mention any names.

In response, chief law officer Mr Chris Mutangadura, argued that there was reasonable suspicion that the Minister committed the offence hence the State should be given an opportunity to bring him to court.
He said the circumstances warranted his detention and prayed for an order that Minister Timba be brought to court today at 8am.

However, Adv Mpofu said continued inca-rceration was illegal, as the State ought to have shown reasonable suspicion.
“Every arrest is prima-facie unlawful unless justified. There is absolutely no-where accused (Minister Timba) calls President a liar. That is a twist that is turned by a reporter or editor.

“Accused did not disclose the President a liar whether in his personal capacity or office,” he further submitted.
In his ruling, Justice Musakwa, concurred with the defence counsel that Minister Timba’s arrest was unconstitutional.

He said the State did not give any justifiable grounds they should continue detaining the Minister.
Justice Musakwa agreed that Minister Timba’s constitutional rights were infringed upon adding that there was no justification of continued incarceration.

He, however, said his order does not bar the State from bringing the Minister to court on the charges.
“It is ordered that the 1st applicant (Minister Timba) be released immediately,” he said.
Soon after the proceedings, which were held in Justice Musakwa’s chambers, there was chaos as police clashed with the defence counsel.
Police officers wanted to go with the Minister back to Harare Central “to complete release procedures.”

However, the defence counsel insisted that the Judge had ordered the immediate release of their client hence he was not supposed to go back.
Policemen present had to call for reinforcements and a red VW kombi came with five uniformed police details.
They spent close to 30 minutes arguing before the defence gave in and the Minister was whisked away in a land Rover pick up together with Mr Hwacha to the police station.
He was later released.

Earlier on before the court proceedings, the Minister who was said to have been denied food, ignored the food that had been brought for him preferring his Madison cigarettes.
The Minister puffed close to 10 cigarettes before and after his court appearance.
He was also seen applying lotion to his ashen face and changing into a warmer jacket brought by his wife Chiyedza.

Police spokesperson, Senior Assistant Commissioner Wayne Bvudzijena, yesterday confirmed that Minister Timba had been released but indicated that the police were proceeding with charging him for contravening Section 33 of the Criminal Law, Codification and Reform Act for undermining or insulting the office of the President.

He said the movement of inmates from one station to another was meant to protect police stations and the police themselves.
“There are some questions on why we move people from one station to another. The reason is because of the attitude of some political activists who want to mob our stations if they know that their person is at a particular station. We do that because we want to protect our people… There is nothing mysterious about it,” Snr Asst Comm Bvudzijena said.

He said the police viewed seriously Minister Timba’s comments thus they would want to see the law take its course.
“We strongly believe that Minister Timba who was appointed as Minister in the Government, his loyalty and allegiance should be in terms of the constitution. We view his statements very seriously hence the law should take its course,” he said.

Snr Asst Comm Bvudzijena also appealed to the courts to take into consideration that police stations were under threat from some political parties.
“We therefore appeal to the courts to take these threats seriously after the death of Inspector (Petros) Mutedza. We want the courts to protect us as well,” he said.
Insp Mutedza was brutally murdered by rowdy youths suspected to belong to the MDCT last month at Glen View 3 shops before being pronounced dead on arrival at Harare Central Hospital.