Harare Magistrate Stanford Mambanje will on Tuesday make a ruling on a fresh bail application by two opposition legislators Job Sikhala and Godfrey Sithole who were arrested in June on charges of inciting public violence.
The two legislators have had their previous bail applications dismissed at the both the Magistrates and High Court.
Their lawyer Beatrice Mtetwa, told Magistrate Mambanje that the fact that two legislators have been detained for long makes them good candidates for bail.
She added that there was no likelihood that the two would interfere with investigations into their case while hammering the state for failing to place evidence of their bail violations.
“As you are aware that according to law, passage of time itself is a basis for applying for bail.
“There is no likelihood that the accused will interfere with investigations,” Mtetwa told the court.
State represented by Prosecutor Lancelot Mutsokoti opposed the bail application arguing that the two legislators did not prove the changed circumstances.
“The changed circumstances advanced by the accused persons do not warrant the court to revisit the refusal of bail.
“Nothing has been placed before the court the same reason his appeal was dismissed by the High Court,” said Mutsokoti.
llegations are that between the 25th of May and the 16th of June this year, Sikhala, fully aware that police were looking for murder suspect Pius Jamba Mukandi for the alleged murder of Moreblessing Ali of Nyatsime, addressed mourners who were gathered for the deceased’s funeral at her homestead.
Sikhala is also accused of uploading videos on YouTube claiming that Ali was kidnapped and murdered by ZANU-PF supporters, thereby jeopardising police investigations.
In his initial appearance, Sikhala was denied bail after the state argued that the accused cannot be trusted with his freedom pending trial as he has the propensity to commit similar offences.
