MLF activists’ bail reinstated

Matabeleland from the rest of the country.
Charles Thomas (44), John Gazi (54) and Paul Siwela (49) were last Thursday remanded in custody after their indictment for trial on 7 February.
They have not been formally charged with contravening Section 20 (1) (b) of the Criminal Law (Codification and Reform) Act, Chapter 9:23 (treason).
They were remanded in custody to 2 February and immediately their lawyer, Mr Sindiso Shepherd Mazibisa, of Cheda and Partners, approached the High Court seeking a reinstatement of bail.
Bulawayo High Court judge Justice Meshack Cheda on Monday morning heard the application, which was strongly opposed by Mr Whisper Mabaudhi of the Attorney General’s Office.
The basis of the opposition was that the trio was likely to abscond given the seriousness of the offence they were facing.
He argued that since they were aware that they could face life imprisonment or death in the case of conviction, this was enough incentive for them to abscond.
On being questioned by the judge on whether there was any new evidence as far as the case was concerned, Mr Mabaudhi conceded that nothing had changed.
Justice Cheda in the afternoon granted the application for reinstatement of bail by the trio and they were readmitted to bail on the conditions that applied when they first approached the High Court last year.
They are out on $2 000 coupled with a number of other conditions that include travel restrictions.
Gazi remains in custody where he is serving a 10-month jail term for fraud for which he lost an appeal and failed to pay a fine of $5 000.
In granting the application, Justice Cheda noted that they were only remanded in custody in conformity with the law and that there was no evidence to support the State’s submissions that they would abscond.
The case has always been known to them and they never flouted or breached their bail conditions, the judge noted.
On 1 March last year, the trio in the company of seven others, who are still at large, held an executive meeting at Siwela’s office at Number 3 Princess Court.
The State is alleging that at the meeting, they connived and agreed to distribute fliers of which among others had the following messages: “Vukani njengabantu baseEthiopia, Sudan, Egypt leTunisia ngabantu labo njengathi balegazi bo.”
The State will seek to prove that they tried to influence people to demonstrate against the Government and advocate for a separate state of Mthwakazi.
On 3 March, the State alleges that they went about distributing the fliers and some calendars.
The fliers were addressed to different groups in society like churches, non-governmental organisations, civil servants and political parties.