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High Court.
The eight were last week denied bail by the Chinhoyi magistrate Mr Felix Mawadze for fear that they would cause more violence.
Advocate Thabani Mpofu yesterday filed the appeal on behalf of the eight arguing that the lower court wrongly arrived at its decision.
He 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.
“The finding made was that first appellant’s presence in the area would be a catalyst for disorder.
“The court seems to have accepted that without first appellant, there would be no disorder.
“It then failed to take into account the fact that first appellant resides in Harare and the fears that it raised were therefore not well grounded.
“It also failed to take into account that the second to the eighth appellants do not all resides in the same locality,” said Adv Mpofu.
In any event, Adv Mpofu argues, the fears could be cured by a bail condition barring the suspects from visiting Hurungwe pending finalisation of the matter.
The appellants argue that if the court was of the view that the seven other suspects were acting on the instructions of Mliswa, it could have released the seven while Mliswa remained in custody.
“In view of the court aquo’s acceptance that the other appellants were on the call of first appellant and in view of its refusal to release appellant on bail, the court aquo most certainly misdirected itself in not releasing second to eight appellants,” he said.
It is also argued that the court failed to take into account the tensions existing among Zanu-PF members in Hurungwe were intra-party and they could best be resolved by the agency of the head office in Harare.
Allegations against Mliswa and seven others 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 Zimonja Business Centre in Zvipani.
The violence occurred at Zimonja Business Centre in Zvipani after a group of 13 youths attacked the legislator Cde Mahoka and her entourage.
Online Reporter