Lawyer and 8 Chiredzi residents released on bail by Masvingo High Court
A High Court Judge in Masvingo has ordered the release of eight Chiredzi residents including lawyer Farai Chauke, who spent almost two weeks in prison after they were denied bail for allegedly violating provisions of the Maintenance of Peace and Order Act (MOPA) Act.
Chauke (42) of Chauke and Associates Legal Practitioners was with Mollen Shonhai (27), Gladmore Gungubu (18), Kudzai Madyira (27), Charles Mungate (50), Lloyd Mushari (26), Agrippa Dhambureni (29) and Simon Hlomani (56) when they were arrested on July 5, 2023 for allegedly disobeying police instructions to disperse from Tshovani Stadium, the venue for a Citizens Coalition for Change (CCC) rally that was banned by authorities.
According to Zimbabwe Lawyers for Human Rights (ZLHR), Masvingo High Court Judge Justice Sunsley Zisengwe released them on Monday and ordered them to return for trial on July 21, 2023.
“In Masvingo, High Court Judge Justice Zisengwe has ordered the release from prison on bail of eight Chiredzi residents including lawyer, Farai Chauke, on charges of contravening the MOPA Act. They all return to court on July 21, 2023, for trial,” said the lawyers.
Their release from prison comes after ZLHR petitioned Masvingo High Court on July 13, 2023, seeking the release of the eight on bail after earlier being denied bail.
The eight were charged with failing to comply with the conditions that authorise a meeting, as outlined in Section 8 (ii) of the MOPA Act.
According to ZLHR, police officers threw tear gas canisters at some CCC party supporters who were reportedly gathered outside the stadium, whereas prosecutors claimed that Chauke, Shonhai, Gungubu, Madyira, Mungate, Mushari, Dhambureni, and Hlomani, who were represented by ZLHR’s Ross Chavi, began singing political songs and throwing stones at ZRP officers after told to disperse.
The eight appeared before Chiredzi Magistrate Vimbai Mutukwa on July 7, 2023, and denied them bail, ruling that Zimbabwe was now in pre-election season and that there would be a propensity among them to commit similar offences.
Magistrate Mutukwa then remanded them to July 14, 2023.
The Law Society of Zimbabwe has also sharply condemned the barbaric attack on human rights lawyers saying “the increase in attacks and use of violence against legal practitioners and these acts directly undermines the Rule of Law in Zimbabwe.”
