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OpenWarrant Of Arrest Against CCC MP Joana Mamombe Cancelled
A warrant of arrest for Joana Mamombe, a Harare West Member of Parliament (MP) from the opposition CCC party was cancelled on Thursday after she finally appeared in court. The warrant was issued when Mamombe failed to attend a previous court hearing.
Mamombe, along with Cecilia Chimbiri and Netsai Marova who is on the run, is facing charges for allegedly faking her abduction.
The Case
In May 2020, the trio together with some MDC Alliance youths staged a demonstration against the recall of their party’s MPs from Parliament and the government’s handling of funds for the COVID-19 pandemic. They claimed to have been arrested at a roadblock near Exhibition Park in Harare while demonstrating and taken to Harare Central Police Station.
The Zimbabwe Republic Police (ZRP) initially confirmed the arrest but later disowned the statement. The trio’s lawyer, Mr Jeremiah Bamu, went to the police CID Law and Order section, informing them that the three had been arrested and taken to Harare Central police station. The State claimed that checks were made, and it was discovered that they had not been arrested at all.
Two days later, on May 15, 2020, at around 1 a.m., Mr Bamu informed the police that the three individuals were located at Muchapondwa Business Centre in Bindura, several kilometres away from Harare. The police, accompanied by Mr Bamu, went to the business centre, collected the trio, and took them to a private hospital in Waterfalls, Harare, as they claimed to have been tortured.
The state launched an investigation, it was established that a Mercedes Benz believed to be owned by Joanna Mamombe, which she was driving when she was allegedly arrested, was found parked at Harare Central Police Station. The vehicle, registered in the name of Andrew Manongore, a pro-ZANU PF Chisipite man, had been left at the police station. Mamombe’s alleged husband Mfundo Mlilo confirmed that the vehicle belonged to Mamombe and had been parked there since the day of the alleged abduction. According to him, the keys were lost during the abduction and torture.
The state’s investigation concluded that the three individuals had not been abducted but had staged the entire incident. They were accused of lying about their abduction to tarnish the government’s reputation. The State claims that CCTV footage showed them in Belgravia Shopping Centre during the time they claimed to have been abducted.
The Acquittal and Appeal
In court, Joanna Mamombe and Cecilia Chimbiri’s lawyer accused the state of punishing his clients due to the case’s publicity on social media. The women were acquitted after appealing against the lower court’s ruling that they had a case to answer and should proceed to a defence hearing. The High Court judge criticised the state’s case, stating that it was marred with malice and falsehoods. The judge further highlighted that it was unconstitutional and against the principles of the court to push the applicants into a defence case to supplement the inadequacies of the state’s case and hope that they would incriminate themselves. The judge ordered the discharge of the women.
Following the acquittal, the National Prosecuting Authority (NPA) appealed the decision of the High Court. The trial is still ongoing, with the defence maintaining that Mamombe and Chimbiri never made any claim of being stopped or kidnapped by the police.
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