State says Gwisai has case to answer

Gwisai, and 45 others accused of plotting to oust a constitutionally-elected Government, be placed on remand because they have a case to answer.
The State made the submissions in a written response filed at the Harare Magistrates’ Courts last Friday.
This was after the defence had applied for refusal of remand.
Law officer Mr Edmore Nyazamba and Mr Dumisani Mthombeni said, “Clearly the case before this court is not an ordinary case, it is a very sensitive case of extreme national importance and undoubtedly attracts international interests with extreme repercussions on issues of national security.
“The State placed before the court only facts that are enough to show that reasonable suspicion of treason does exit.”
The State relied on Section 20 of the Criminal Law Code (Chapter 9:3), which states: “Any person who is a citizen of, or ordinarily in Zimbabwe and who does any act with the intention of overthrowing the Government or incites, conspires or assists any other person to do any act with the same intention, would be guilty of treason.”
The State said there was incitement from accused one to seven in the form of urging accused eight to 45 to mobilise a revolt against Government as what happened recently in Egypt and Tunisia.
Defence lawyer Mr Alec Muchadehama had challenged the State to establish watertight facts against accused eight to 45.
The State responded, “It is also apparent that conspiracy is established in the demeanor of every accused when news reached them that police had arrived, they all pretended to be doing church business.
“The general intention of all accused is to have the President of Zimbabwe removed, and the method of removal is unconstitutional.”
The defence had also referred to the South African case of the State versus Banda and Others (1990) whose judgement reads in part: “A mere discussion of the possibility of acts of treason, not resulting in an agreement nor including any mutual incitement does not amount to high treason.”
The State countered saying the judgement proceeded to say: “Changes of Government can only be lawfully effected by constitutional means.
“Conduct intended to overthrow a Government other than by lawful constitutional means, constitutes an intent to depose and impair government or to overpower the state . . . motives are not relevant to the enquiry whether treason has been committed or not.”
The State said that the above legislation was applicable to the facts alleged and did not help the defence in any way.
Magistrate Mr Munamato Mutevedzi is expected to make his ruling today.
Allegations against the accused arose on February 19 this year when Gwisai, Antonator Choto, and Tatenda Mombeyarara convened a meeting at number 43 Julius Nyerere Way in Harare.
Entry was allegedly by invitation only and the theme was “ISO calls on workers, students and working people to support the struggle in solidarity with Egyptian and Tunisian workers”.
It is alleged that speakers at the meeting (accused 1 to 8) incited an unconstitutional change of Government.