Source: Zimbabwe Lawyers for Human Rights
On Tuesday 27 September 2016, 15 out of the 17 arrested at a Zinasu meeting were set free after Magistrate Poterai Gwezhira declared their arrest unlawful, ordering their immediate release according to section 41(6)(c) of the Criminal Procedures and Evidence Act (CPEA) which clearly states that an accused person should be released if the Court finds the arrest to be unlawful.
Two students were however remanded in custody and will appear before the Court for their bail ruling on 28 September 2016. Allister Pfunye who is the president of Zinasu is being charged with failing to notify the police of a public gathering as defined in section 25(5) of the Public Order and Security Act, while Takunda Hungwe is being charged with contravening section 33 of the Criminal Law (Codification and Reform) Act.
The 17, arrested on 24 September were attending a Zinasu council meeting at Forestry Industry Training Centre in Penhalonga. They are being charged with disorderly conduct in a public place as defined in section 41(b) of the Criminal Law (Codification and Reform) Act. Additional charges of failure to notify the police of a gathering as defined in section 25(5) of the Public Order and Security Act, and insulting or undermining the president as defined in section 33 of the Criminal Law (Codification and Reform) Act have been placed on two students.
ZLHR members Tinoziva Bere, Blessing Nyamaropa and Chris Ndlovu who are representing the 17 argued that their clients must be released as the arrest was unlawful. Lawyers submitted that the police had failed to respect the rights of accused as provided in section 50 of the Constitution. The lawyers particularly argued that the 17 were not promptly informed of the reasons of their arrest as stated in section 50 of the Constitution and section 41(a) of the CPEA.
The lawyers argued that their clients must be released in according to section 41(6)(c) of the CPEA which clearly states that an accused person should be released if the Court finds the arrest to be unlawful.
Source: Zimbabwe Lawyers for Human Rights