Thread by @ZLHRLawyers

After a long wait, proceedings against
@advocatemahere finally commence in Courtroom No. 11 before Magistrate Utahwashe.

https://twitter.com/ZLHRLawyers/status/1348905864317587456

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.

@advocatemahere's lawyers challenge State bid to place her on remand.

Drury says he is interested in knowing the identity of the woman who was allegedly roughed up by @PoliceZimbabwe.

Drury asks the State to prove the falsity of the tweets allegedly tweeted by @advocatemahere in relation to the ill-treatment of the woman & her baby.

Drury asks Prosecutor Muchemwa to concede that section 31(a)(iii) is null & void & should therefore set free @advocatemahere.

#Quoteoftheday; "That which is void & null cannot be brought back to life," David Drury.

Drury tells Magistrate Utahwashe that there is nothing illegal about @advocatemahere tweets.

By tweeting, Drury says @advocatemahere was exercising her fundamental rights to freedom of expression.

@bamujm of @ZLHRLawyers takes over & tells Magistrate that the ConCourt ruled several years ago that section 31(a)(i) was unconstitutional.

Bamu says the declaration of constitutional invalidity of section 31(a)(i) remains & has not not been set aside. Which means the law that @advocatemahere is being charged with is invalid hence she cannot be placed on remand.

Bamu says the onus is on the State to demonstrate that the charge exist at law. Bamu says @advocatemahere cannot be placed on remand based on a nullify.

Magistrate Utahwashe says he is concerned with determining whether the charge facing @advocatemahere is valid.

Prosecutor Muchemwa says tweets by @advocatemahere were false & meant to incite public violence

In strange submissions, Prosecutor Muchemwa says section 20 of the former Constitution is worded differently with section 61 of the current Constitution hence section 31 (a)(i) & section 31(a)(iii) is still valid.

Drury tells Magistrate Utahwashe that @advocatemahere has several complaints against @PoliceZimbabwe with regards to detention conditions in police cells where there is a stench of urine.

Drury says @PoliceZimbabwe was reluctant to take @advocatemahere to court despite arresting her early on Monday.

Drury says detention conditions at Harare Central Police Station are deplorable.

Drury says cells at Harare Central Police Station are reeking of stench of stale urine.

Drury tells Magistrate Utahwashe that detention conditions at Harare Central Police Station are unsanitary as there is no toilet paper in cells.

@advocatemahere tells Magistrate Utahwashe that @PoliceZimbabwe members who visited her residence on Sunday did not have a warrant of arrest or a search warrant.

Advocate Mahere says she is concerned that one of the officers who dealt with her matter at Harare Central Police Station couldn't accompany her to court Tuesday because she was reported to have high fever.

Mahere tells Magistrate Utahwashe that there are no temperature checks done at Harare Central Police Station. She says detainees are using raised concrete blocks as "toilets" in cells which cannot be flushed. There was a paddle of urine on the floor. It stinks, it's pungent.

Mahere says there were 7 people in a cell where she was detained overnight at Harare Central Police Station.

Mahere says blankets given to detainees in cells at Harare Central Police Station are infested with lice & there is no observance of #COVID-19 protocols.

Mahere says there are no sanitisers & face masks in detention cells.

Mahere says she was mistreated while in detention.

Mahere tells Magistrate Utahwashe that there is no sanitary ware provided for women detained at Harare Central Police Station.

Magistrate Utahwashe orders State to investigate complaints raised by @advocatemahere & furnish court with a report by Friday 15 January 2021.

Advocate Mahere will spend 3 days in prison custody to Friday when Magistrate Utahwashe will hand down his ruling on her application challenging state bid to place her on remand.