‘My arrest, detention are illegal’

Irvine Manhire (28) claims he was arrested on June 18 and was held in detention until June 21 when he appeared before a Harare magistrate who remanded him in custody.

In his application, he cites the Attorney-General, Commissioner of Prisons and Commissioner of Police as respondents.
Through his lawyer Mr Caleb Mucheche of Matsikidze and Mucheche Law Chambers, Manhire submitted that his detention, which exceeded the mandatory 48 hours without being brought to court, was a violation of his Constitutional rights.

“The detention of the applicant is illegal, perfidious, unjust, capricious and a direct lethal blow to the fundamental rights and freedoms for which the applicant is entitled to and out of sync with the notions of justice in any democratic society,” said Mr Mucheche in the application.

He said the court should exercise its inherent jurisdiction and declare Manhire’s detention illegal as provided for by the Constitution.
“The detention of the applicant grossly offends the due process of law and the presiding magistrate’s failure to pronounce it illegal as per section 50 (8) of the Constitution of Zimbabwe is a mockery” he submitted.

Allegations against Manhire arose on June 18 this year at around 5pm, after he drove to the corner of First Street and Robert Mugabe Way where he approached an illegal foreign currency dealer, Martha Nyahundi, claiming he wanted R30 000. Manhire told the woman that he was comfortable dealing while driving around town since he was afraid of getting arrested.

After handing him the money, it is alleged, Nyahundi asked for the equivalent in US dollars and Manhire told her that he wanted to park the car first before giving her the money. The State says Manhire then drove off to Good Hope area. Nyahundi became suspicious and told him to cancel the transaction and give her back her money.

It is alleged that he refused and continued driving and Nyahundi grabbed his neck and he handed back the cash before opening the front passenger door while the vehicle was moving and ordering her to jump out.

Nyahundi grabbed the steering wheel and the vehicle veered off the road and landed in a ditch.
She wrestled him and people who were passing by rescued her.