Mliswa, 7 others released

Justice Joseph Musakwa ordered Mliswa to pay US$100 bail, while his co-accused were granted US$50 bail each.
Justice Musakwa quashed the Magistrates Court’s decision to refuse them bail, saying there was no good reason for that.
The eight stand accused of assaulting Cde Mahoka and her entourage at Zvimonja Business Centre in Zvipani.

The court found that the Chinhoyi magistrates courts’ decision to deny them bail was not supported by the evidence placed before him.
It was Justice Musakwa’s finding that no credible evidence was led proving that Mliswa was at the scene of violence neither was there proof that his vehicle was the one used during the violence.
The magistrate’s finding that the political situation was volatile, according to the judge, was never fully substantiated by the State to warrant denial of bail.
Justice Musakwa ordered the eight to continue staying at their given addresses and report to the police once every week.

“It is ordered that the appeal against refusal by the court of the magistrate sitting at Chinhoyi to grant bail to appellants on March 1, 2013 be and is hereby allowed,” he said.
“First appellant (Mliswa) shall deposit US$100 with the clerk of court at Chinhoyi magistrates’ court and second to eighth appellants shall deposit US$50 per individual.

“First appellant shall report once per week at Borrowdale Police Station, second appellant at ZRP Karoi, third and seventh respondents at ZRP Makonde, fourth, sixth and eighth appellants at Magunje Police Station. Fifth appellant shall report at ZRP Karoi urban.”

Justice Musakwa barred the eight from engaging in any conduct which may disturb the peace or undermine public security while on bail.
Advocate Thabani Mpofu instructed by Mr Ray Tsvakwi and Mr Msindo Hungwe represented Mliswa and the seven others while Mr Albert Masamha represented the State.

The eight were denied bail by the Chinhoyi magistrate Mr Felix Mawadze for fear that they would cause more violence.
In the bail application, Adv Mpofu argued that the magistrate’s fears for further violence in Hurungwe did not hold much water considering that Mliswa stays in Harare and that the seven others did not stay in the same area.

Allegations against Mliswa and his co-accused arose on February 24 when they were arrested following skirmishes where Hurungwe East legislator Cde Sarah Mahoka was injured in an attack, while trying to address a meeting at Zvimonja Business Centre in Zvipani.