ZLHR Profile picture
12 Jan, 31 tweets, 8 min read
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.
@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.

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More from @ZLHRLawyers

12 Jan
Our lawyers are here at Harare Magistrates Court ready to represent @daddyhope
Hopewell is yet to it arrive.
Hope & Hon. Sikhala are now here.
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8 Jan
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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
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Meanwhile, he will spend the night in custody at Harare Central.
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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.
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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
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24 Aug 20
Hearing of Zengeza West MP Job Sikhala's application challenging refusal of remand underway in Court 11.
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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.
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