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HomeCourtsNo trial for pro-democracy activists as court trash murder charges against Harare trio

No trial for pro-democracy activists as court trash murder charges against Harare trio

THE trial of four opposition political party supporters accused of blocking roads during an anti-government protest staged two months ago, failed to commence on Tuesday 08 November 2016 as the National Prosecuting Authority (NPA) was inadequately prepared.
The four opposition political party supporters namely Patrick Tembo, aged 60, Tafadzwa Ziyamba, aged 28, Gift Konjana, aged 46 and Isaac Stani Shumba, aged 43, were summoned early in September to stand trial on 08 November 2016 following their arrest on 31 August 2016 on allegations obstructing free movement of persons or traffic.

However their trial could not commence, as the NPA wasn’t ready even though prosecutors had brought the four Chegutu residents to court for trial on summons.

The four were represented by Marufu Mandevere of Zimbabwe Lawyers for Human Rights (ZLHR).

Meanwhile, in Harare, three residents Munyaradzi Makwanya, Norma Nyakundengwa and Albert Chiteya were on Tuesday 08 November 2016 released from ZRP custody after the NPA conceded defects on charges of committing robbery.

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Makwanya, Nyakundengwa and Chiteya, who were represented by Gift Mtisi of ZLHR, were arrested on Sunday 06 November 2016, and initially faced charges of theft as defined in Section 113 of the Criminal Law (Codification and Reform) Act for allegedly stealing $129 from Blessing Kanyere, a fellow resident in Harare’s Highfield high-density suburb and assault in terms of Section 89 of Criminal Law (Codification and Reform) Act.

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However, ZRP officers altered the charges to robbery as defined in Section 126 of the Criminal Law (Codification and Reform) Act.

But prosecutors from the NPA declined to prosecute the trio and set them free after vetting the ZRP docket which they indicated had some glaring deficiencies including that the complainant, Kanyere’s narration and circumstances on which Makwanya, Nyakundengwa and Chiteya were arrested upon were unrelated.

Kanyere also filed an affidavit insisting that the NPA should withdraw the robbery charges against the trio.

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