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12 Jan, 20 tweets, 3 min read
Our lawyers are here at Harare Magistrates Court ready to represent @daddyhope
Hopewell is yet to it arrive.
Hope & Hon. Sikhala are now here.
Hopewell tells journalists that Zimbabwe Prisons & Correctional Service defied Magistrate Ncube's court order by transporting him from prison to court together with 22 other prisoners instead of being ferried alone as ordered by court last Saturday.
Chin'ono says prison officers are putting lives of other prisoners at risk as he is a recent contact of people who tested positive to #COVID-19
Proceedings in Hon. Sikhala's case have now commenced with @bamujm demanding to be furnished with the Facebook post alleged to have been posted by Hon. Sikhala so that he can be well informed so as to challenge state application to place him on remand.
Court takes a brief adjournment to allow @bamujm to take instructions from his client after being handed over a downloaded copy of the Facebook post.
In the case of Hopewell, proceedings commenced with lawyers continuing with challenging State bid to place him on remand. Lawyers argue that section 31 of Criminal Code was declared to be in violation of the Constitution hence Hopewell is being charged under a non existent law.
In response to submissions by Hopewell's lawyers, prosecutors argue that the law still applies & is supported by current Constitution
Hopewell's lawyers tells Magistrate Lazini Ncube that ZPCS is defying court order to be put separately from other inmates.
Garikai Mudukuti from ZPCS tells Magistrate Ncube that the OIC at Chikurubi Maximum Prison has requested for a written court order so as to adhere to court instructions.
Magistrate Ncube says a written court order will be availed & orders ZPCS not to shackle Hopewell with leg irons.
In Hon. Sikhala's case, Bamu challenges State bid to place him on remand & argues that the Facebook account doesn't belong to the legislator.
State prosecutor argues that section 31 of Criminal Code hasn't been declared to be in contravention of the new Constitution
Bamu & Nkomo tell Magistrate Nduna that arrest of Hon. Sikhala was arbitrary & unlawful & hence he should be set free.
Nkomo & Bamu says if a statute is unconstitutional, it cannot become a law.
The lawyers say section 31(a)(iii) is legislation without force as it was struck out hence it is dead.
Bamu tells Magistrate Nduna that Hon. Sikhala must not be placed on remand on a charge already declared unconstitutional.
Hopewell returns to court on Wednesday @9:am, where Magistrate Ncube will hand down his ruling on application by State to place him on remand which has been challenged by his lawyers.
Magistrate Nduna dismisses Hon. Sikhala's application for refusal of placement on remand. He returns to court Wednesday where lawyers are expected to apply for his release from on bail

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More from @ZLHRLawyers

12 Jan
After a long wait, proceedings against
@advocatemahere finally commence in Courtroom No. 11 before Magistrate Utahwashe.
David Drury tells Magistrate Utahwashe that the State can't make a "Lazarus" resurrection to a law which is non-existent.
Prosecutor Muchemwa tells Magistrate Utahwashe that the State is sticking to allegations contained in the charge sheet and applies for @advocatemahere to be placed on remand.
Read 31 tweets
8 Jan
.We have received a distress call from @daddyhope that @PoliceZimbabwe have arrested him. More details to follow once our @ZLHRLawyers have established the allegations.@rose_hanzi @DougColtart
2. Charge of section 31(a)(iii) of Criminal Code arises from an alleged tweet concerning the incident involving a mother, child & ZRP officer that occurred a few days ago. Updates will be provided in due course. Harrison Nkomo a member of @ZLHRLawyers is representing @daddyhope
3. @daddyhope has signed a warned and cautioned statement. He is likely to appear at Rottenrow court during the morning hours on 9 January 2021.
Meanwhile, he will spend the night in custody at Harare Central.
Read 6 tweets
2 Dec 20
We have won a landmark ruling on behalf of Hon. @Katazamhondoro & @wateralliancez in which govt has been ordered to publish terms & conditions of all loans & guarantees it concluded with or in favour of African Export-Import Bank or any other 3rd party financiers.
In his ruling, High Court Judge Justice Zhou said this should be published in an Extraordinary Govt Gazette by 30 January 2021 showing loans & guarantees borrowed or transacted between 2017 to Nov 2020.
Justice Zhou ruled that govt's failure to publish terms of loans&guarantees it concluded with Africa Export Import Bank or other financiers from 2017 to date within 60 days of their conclusion is a violation of Section 300(3) of Constitution&Section 18(2) of Public Debt Mgt Act
Read 4 tweets
1 Sep 20
In court today, our lawyers reported complaints against Zim Prisons & Correctional Service that prison guards manhandled freelance journalist Hopewell Chin’ono & brought him to appear before Magistrate Nduna against the advice of his medical practitioner.
The doctor informed prison guards that he should be kept in self-isolation after his health severely deteriorated. His lawyers told Magistrate Nduna that ZPCS officials forcibly brought the frail looking freelance journalist to court against recommendations by his private doctor
The doctor who examined him on Monday advised prison authorities at Chikurubi Maximum Security Prison to put him in self isolation. The doctor recommended that given his condition&the symptoms that he was showing he should not go to court but should be isolated from other inmates
Read 4 tweets
24 Aug 20
Hearing of Zengeza West MP Job Sikhala's application challenging refusal of remand underway in Court 11.
Sikhala's lawyers tell Magistrate Lanzini Ncube that Job is being ill-prepared in prison with Officer In Charge of Chikurubi Maximum Prison telling Job that he "shall die in prison." Sikhala is spending the entire day handcuffed while in prison and also with leg irons.
Lawyers fear for Sikhala's health & wellbeing as Sikhala says he heard from inmates that people had died in Chikurubi&4 inmtes contracted coronavirus on the day he was detained in D class section of Chikurubi. Lawyers say Sikhala has not been provided with PPE while in prison.
Read 7 tweets
13 Aug 20
Prosecutor Mabhaudhi makes an application asking magistrate Nduna not to give Beatrice Mtetwa audience in the case of Hopewell Chin'ono. Mabhaudhi says Beatrice is posting comments on the Facebook page, Beatrice Mtetwa and the Rule of Law.
2. This application is now being heard in open court. The testimony of Hopewell in camera is yet to commence. Co-counsel Gift Mtisi now giving evidence on developments on the application by the Prosecutor.
3. Beatrice Mtetwa advises that she is not on Facebook & has no social media accounts. Advises court that the page is run by a Boston based film maker, Lorie Conway. Advises court that prosecutor is misleading the court.
Read 4 tweets

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