Magistrate refuses to remove Bulawayo Refugee 7 off remand; Masvingo 20 on trial

The seven members arrested in Bulawayo on Wednesday 17th June appeared again in Bulawayo Magistrate’s Court  today. The case had been postponed from 19th October in order for the magistrate to give her ruling on the defence’s application for them to be removed off remand. Despite the state still not being ready, the magistrate refused to remove them off remand. Her reason – the state witness are waiting to testify and can’t keep coming and going to court! It does not appear the magistrate appreciated the irony inherent in her ruling.

Defence lawyer, Kossam Ncube, immediately notified the court of his intention to lodge an appeal with the Supreme Court challenging the constitutionality of the charges. The activists are charged under Section 37 1 a of the Criminal Law (Codification and Reform) Act – ‘disturbing the peace, security or order of the public’.

In another matter, 20 members in Masvingo will appear on trial in Masvingo Magistrate’s Court on 28th October 2009 for an arrest on 7th March 2007. The group had been removed off remand on 16th July 2007 by Magistrate Nyamukomba and the state ordered to proceed by ways of summons. The group had appeared in court five times in 2007 with two trials failing to take off because no witnesses were willing to come forward. They are charged under the Criminal Law (Codification and Reform) Act.

Both cases indicate the continuing repression against human rights defenders and the worsening situation in Zimbabwe.