Harare Mayor, was freed yesterday after being detained beyond the legal limit following his arrest on Wednesday on allegations of criminal abuse of office and corruptly concealing personal interest in a transaction.
In his ruling, Harare magistrate Mr Vakai Chikwekwe referred to section 50 of the constitution (sub section 2), saying that it is clear that the Mayor was over detained.
Magistrate Chikwekwe did not dispute evidence provided by the accused before the court. He said the evidence proved that the Mayor was over detained.
“From the evidence brought before the court, I cannot dispute that the accused was over detained, said magistrate Chikwekwe adding that Cllr Manyenyeni was deprived of his freedom while in detention.
Defending his client, Manyenyeni’s lawyer Professor Lovemore Madhuku challenged the placement on remand arguing that his client was detained for more than 48 hours and should be released as stipulated in section 50 (sub-section 2) of the constitution.
The court heard that Zimbabwe Anti-Corruption Commission (ZAAC) officers, who arrested the Mayor soon after High Court judge Justice Lavender Makoni ruled in Manyenyeni’s favour, were tracking the latter down, leading to his arrest.
Speaking to journalists after the ruling, Professor Madhuku said that Councillor Manyenyeni should go back to work and serve the City of Harare.
He also said that the ruling was fair since ZACC officers had violated the constitution as well as the mayor’s rights.