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Nyore Madzianike-Senior Court Reporter
THIRTY-FIVE members of both Mirirai Jehovha Apostolic Church sect and Zimbabwe Transformative Party led by Parere Kunyenzura, who allegedly staged an unsanctioned march in Harare’s city centre and refused to disperse when called upon to do so, yesterday refused to respond to State’s submissions in opposing granting of their bail and all voluntarily chose to be remanded in custody pending their trial.
They told the court that they were anxiously waiting for their trial on a charge of criminal nuisance, which Harare regional magistrate Mr Stanford Mambanje said should open in two weeks time on July 26.
Simon Goshomi, Richard Mhurushomana, Fortune Chapeyama, Prince Mukozho, Solomon Duwa, Noah Dabvu, Jasper Muringanidza, Honoured Mutangadura, Shepherd Mutsonhi, Edson Shonhiwa, Chaora Rovesai, Tafadzwa Musere, Tsverukai Harava, Shamiso Majecha, Runia Musere, Margret Chibwana, Sakile Nkomo, Helen Kuudzewe, Liah Munakandafa, Victoria Changadzo, Restar Kunyenzura, Emmanuel Musere, Godfrey Mashava and Kudakwashe Kambiro all refused to respond to State’s submissions.
They are all charged with criminal nuisance.
Mr Mambanje took their refusal to respond as “exercising their right to remain silent” and gave them an opportunity to make a bail application on any day they wish to respond to State’s submissions in opposing granting of their bail.
The State led by Mr Anesu Chirenje opposed to granting of the 34 bail saying they were likely not to stand trial.
Mr Chirenje said the 34 defied police instructions to stop singing when they were intercepted in Harare’s city centre, which he said is a clear indication that they were likely to defy bail conditions.
The State had also submitted that they were likely to re-offend as was exhibited by their regrouping after being dispersed by the police on the day they allegedly committed the offence.
In assessing the position taken by Goshomi and his accomplices, the magistrate said: “Accused elected not to respond to State’s submissions. They chose to be remanded in custody pending trial. In essence, they decided not to apply for bail.
“Taken in a way, this is tantamount to remaining silent and for their benefit, the court will view this as reserving their right to remain silent,” he said.
Mr Mambanje told Kunyenzura’s followers that their refusal to respond to State’s submissions does not mean they have to remain in custody, but they can decide to apply for bail on any other day.
He then remanded the 34 to July 26.
On Friday at around 1pm, their leader, Kunyenzura, allegedly mobilised his supporters and followers and held a procession in central Harare.
Kunyenzura is appearing separately charged with convening a gathering without notifying the regulating authority.
He also chose to remain in custody for the next two weeks saying he wanted to seek for a legal representative because “his case has been politicised”.
After Kunyenzura allegedly mobilised his followers, they gathered at Copacabana Bus Terminus and started marching while singing along Robert Mugabe Road towards Simon Vengai Muzenda Street.
Police intercepted them at corner of Patrice Lumumba Street and asked Kunyenzura to produce the notification letter but he did not have one.
His followers, clad in apostolic garments, were singing a gospel song “Emmanuel tisunungureiwo tanzwa nenhamo”, according to the State.
The police officers ordered them to stop singing and disperse. Kunyenzura and two others, who were leading the group, refused to comply resulting in their arrest on charges of failure to notify the regulating authority.
About 30 minutes later, Kunyenzura’s followers regrouped and started singing while walking along Robson Manyika Avenue. Police reacted and arrested 34 members of the group for blocking pavements and the road along Robson Manyika Avenue.
Online Reporter