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Chief Justice Godfrey Chidyausiku freed Siwela yesterday after dismissing the prosecution’s appeal challenging his bail.
Siwela, who is jointly charged with two other party members – John Gazi and Charles Thomas – was granted US$2 000 bail by Bulawayo High Court Judge Justice Nicholas Ndou, but the State appealed against the decision.
The State represented by Mr Fungayi Nyahunzvi of the Attorney-Gene-ral’s Office had argued that Siwela was likely to commit further offences while out on bail.
However, Chief Justice Chidyausiku upheld the lower court’s decision.
Briefing journalists outside the Supreme Court, Siwela’s lawyer Advocate Lucas Nkomo said the appeal was dismissed after the State consented that their appeal had no merit.
“The appeal has been dismissed after the AG’s Office consented that their appeal has no merit as they had argued that Siwela had a pending matter of treason which was not true.
“After they made the concession there was no other ground for appeal,” Adv Nkomo said.
He said the judge said he would give written reasons for dismissing the case in due course.
A member of the team of lawyers that was instructing Adv Nkomo, Mr Sindiso Mazibisa of Cheda and Partners welcomed the outcome saying it was a victory and shows that Zimbabwean courts uphold the rule of law.
Charges against Siwela arose after the trio allegedly distributed material deemed treasonous.
Online Reporter