admin
Fungai Lupande Court Reporter
Members of the Budiriro apostolic sect accused of assaulting the police, journalists and some officials caused a stir at the Harare Magistrates’ Courts yesterday when they appeared for routine remand clad in their church regalia and carrying their staffs.
Prosecutors objected to the 14 members, who were granted US$100 bail each by the High Court last week, appearing for their routine remand in shorts, saying that was against the court’s dressing code.
They raised objections to the members of Johane Masowe eChishanu led by Ishmael Mufani being allowed to enter the court with their staffs.
The 14’s routine remand hearing had to be suspended as their lawyer, Mr Obey Shava, made an application for them to be allowed to enter their courts in their regalia, saying barring them was equivalent to infringing on their constitutional right to religion.
“Their co-accused, attending court from remand prison are coming in their shorts, therefore, it is not fair to refuse these ones who are on bail,” he said.
Prosecutor Mr Farai Gatsi opposed the application on the basis that the matter was an administrative issue as people were expected to dress formally when appearing in court.
According to a public notice on dressing code at the courts, those wishing to enter the courts are not allowed to wear shorts, football jerseys, caps, slippers, mini-skirts, sleeveless tops, tracksuits or jeans.
The matter was referred to magistrate Mr Donald Ndirowei’s chambers and the apostolic sect members were allowed to enter into the court in their shorts, but were barred from bringing in their staffs.
Mr Shava said Mr Ndirowei had granted their application based on their right to freedom of religion.
“Our application was granted and the court ordered that the accused can attend court in their shorts, but they don’t have to bring their shepherd’s staffs,” he said.
The routine remand proceeded after the application and the 14 were remanded to July 1.
Mr Shava proceeded to make a bail application for other sect members facing the same charges – Prayer Parira, Gilbert Madyira, Madzimure Madzimure, Darlington Mambayo, Charle Matanga and Alexio Manhanga.
Another lawyer, Mr Tawanda Takaendesa, also applied bail for Milton Murinda, Dennis Banda, John Mutasa and Nathan Shamuyarira.
Mr Ndirowei granted them US$100 bail each, indicating that there was no reason to depart from the reasoning of the High Court.
They were also remanded to July 1.
It is alleged that at around 11am on May 30, Apostolic Christian Council of Zimbabwe president Archbishop Johannes Ndanga, his delegation, journalists and 26 police officers went to Mufani’s shrine to address the gathering over issues relating to denying children education and other matters.
Archbishop Ndanga, the court heard, delivered his address while the gathering sang and challenged him to speak in Shona, arguing they were not conversant with English.
Nine police officers and two journalists, Relax Mafurutu and Tichaona Meza, and an ACCZ official sustained head injuries and bruises all over their bodies after the sect members attacked them.
Apart from the assaults, the apostolic sect members allegedly damaged property, including a Zimbabwe Broadcasting Corporation truck.
Online Reporter