A pro-democracy activist, Tendai Lynette Mudehwe, is yet to face trial for a criminal nuisance charge eight years after her arrest.
According to <a href="https://www.newzimbabwe.com/https-www-newzimbabwe-com-political-activist-still-on-remand-without-trial-eight-years-later/">NewZimbabwe.com</a>, Mudehwe was arrested at Rainbow Towers in 2015 after holding a protest against former vice president Phelekezela Mphoko’s lengthy stay at the five-star hotel at taxpayers’ expense.
Mudehwe is the Founder and Co-ordinator of Zimbabwe Activists Alliance and is from Mutare.
She was arrested on 30 November 2015 during proceedings of the International Conference on AIDS and STIs in Africa (ICASA).
Prosecutors allege that Mudehwe’s conduct was intended to cause annoyance or disturbance of public peace.
Since 2015, she has been appearing in court only for her case to be postponed.
On Thursday 9 February 2023, she was advised that her docket was incomplete and hence she would not appear in court.
Through her lawyer, Paidamoyo Saurombe, Mudehwe is seeking a permanent stay of prosecution. Saurombe said in the application:
<blockquote>
If the trial does not commence when Mudehwe gets summoned to appear in court, the defence will institute proceedings for a permanent stay of prosecution as the prosecutor’s conduct would constitute persecution.
</blockquote>

Pindula News

Activist Who Protested Mphoko's Lengthy Rainbow Towers Stay Still On Remand

Thirty-four (34) members of the Zimbabwe Transformative Party (ZTP), led by Parere Kunyenzura were back at the Harare Magistrates Court on Wednesday on allegations of obstructing the free passage and movement of people and vehicles.
The ZTP supporters, who are also members of Mirirai Jehovha Apostolic Church, were arrested on 9 July 2022 while singing and conducting prayers in full church regalia in Harare central business district (CBD).
The Zimbabwe Lawyers for Human Rights (ZLHR) on Wednesday said the ZTP supporters are charged with contravening section 46 of the Criminal Code. ZLHR said:
<blockquote>
At Harare Magistrates Court, we continue seeking freedom for 34 members of Mirirai Jehovha Apostolic Church, who are also supporters of Zimbabwe Transformative Party, an opposition political party, who are on trial for criminal nuisance charges and have spent 4 months in remand prison since 9 July, when they were arrested and charged with contravening section 46 of Criminal Code by [Police], who alleged that they had acted unlawfully in a manner which is likely to create a nuisance by walking on roads and pavements in Harare’s CBD while singing a gospel song with the lyrics “Emmanuel tisunungureiwo tanzwa ne nhamo” and thereby obstructed the free passage and movement of people and vehicles. Evans Moyo of [ZLHR] is representing them.
</blockquote>
Kunyenzura, a self-styled prophet, claimed God ordained him as the next President of Zimbabwe when he launched the party in May this year.
He said neither President Emmerson Mnangagwa nor his biggest challenger, Nelson Chamisa, the leader of the opposition CCC, will win the 2023 presidential election.
Kunyezura warned state security agencies not to try to thwart what “God” has ordained.

Parere Kunyenzura, ZTP Supporters' Trial For Criminal Nuisance Continues

A Harare man, Luke Takuruvinga, was on Tuesday arrested and charged with criminal nuisance after police officers accused him of filming them.
The police officers also alleged that Takuruvinga said they were thieves who were after bribes. A case alert by the Zimbabwe Human Rights NGO Forum reads:
<blockquote>
<h2>Man arrested for using a mobile phone at a police station</h2>
A Harare man was arrested at a police station on Tuesday after police officers accused him of filming them while he was using his mobile phone to try to call a friend.
Luke Takuruvinga was a passenger on a Mbare – bound bus from Epworth, which was forced to drive to Hatfield Police Station by police officers over an undisclosed offence.
While at the police station, Taruvinga took out his phone to communicate with a friend, but the police officers immediately pounced, accusing him of filming them.
The victim claims that he was slapped several times by the police officers before he was detained.
Taruvinga was charged with criminal nuisance after the police officers also claimed he insulted them by saying they were thieves who were after bribes.
However, he was eventually released following the intervention of lawyer Noble Chinhanu from the Zimbabwe Human Rights NGO Forum.
He opted to pay an admission of guilty fine after he was threatened with overnight detention in order for him to appear in court on Wednesday.
END
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<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

Man Arrested For Using Mobile Phone At Police Station

The Zimbabwe Republic Police (ZRP) said they have taken note of a photo circulating on social media in which controversial preacher, Passion Java, “borrowed” a cap from a female police officer and donned it.
This comes after Team Pachedu, a group of Zimbabweans who are active on Twitter, raised the issue yesterday. They said:
<blockquote>
Dear @PoliceZimbabwe. In 2014, you arrested Robert Boyiboyi for criminal nuisance after sharing a photo wearing a police uniform.
Now, Passion Java has committed the same crime. Are you going to arrest him, or we are all now allowed to wear police uniforms freely?@JSCZim.
<img alt="Image" decoding="async" src="https://pbs.twimg.com/media/FI6T2MWWUBAnRLK?format=jpg&amp;name=900x900"/>
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In response, ZRP said they are currently investigating the matter and a detailed statement will be issued after the completion of investigations. Police posted on their Twitter page:
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The Zimbabwe Republic Police has taken note of a photo circulating on social media in which a female Police officer is seen standing next to a man wearing a Police hat.
Investigations are underway and a detailed statement will be issued after completion of Investigations.@PacheduZW
</blockquote>
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

Police Investigating Passion Java For Wearing Police Cap

Two prominent Gutu MDC activists who were allegedly arrested by police for wearing face masks inscribed with opposition leader Nelson Chamisa’s name have been acquitted by a magistrate.
Gutu magistrate Mandlenkosi Ndhlovu dismissed the State case against Charles Zvenyika and Edward Chagonda before going to a full trial on Monday morning.
Ndhlovu said police may have abused their power in the arrest of the two and depended on mere speculation. He said:
<blockquote>This case is like a boxing ring scenario where the law enforcement agents have an upper hand over their opponents before the match has even begun.</blockquote>
Magistrate Ndhlovu said police failed to establish a prima facie case against the two men who were represented by Knowledge Mabvure of Chihambakwe Law Chambers and therefore the case was thrown out.
He described statements by the arresting police officers as inconsistent, contradictory and lacking the most crucial evidence to establish a case against the two.
He found out that police arrested the two for touting but then went on to charge them for criminal nuisance.
The magistrate said for one to establish a prima facie case in a criminal nuisance case police needed members of the public who could come to court and testify that the two were indeed a nuisance. He ruled:
<blockquote>The State has not established the element of ‘annoyance to the public’ which is crucial to the successful conviction for criminal nuisance.
The court cannot rely on the word of Police offices who were on a sting operation in the absence of independent eye-witnesses.</blockquote>
The two activists, however, told the court that they were being arrested for wearing a mask inscribed Chamisa Chete Chete.
They said the arresting officers told them that the law enforcement agents could not allow them to walk around with those masks.
<h4>More: <a href="https://masvingomirror.com/magistrate-acquits-gutu-activists-over-chamisa-masks/" rel="noopener" target="_blank">Masvingo Mirror</a></h4>

Magistrate Acquits MDC Activists Over Chamisa Face Masks

An elderly woman from Gweru was reportedly taken away by police officers after comparing current president Emmerson Mnangagwa to the former Rhodesian prime minister Ian Smith, The Zimbabwe Mail reports.
The old lady initially complained loudly of the continued price hikes of bus fare to local Zimbabwe United Passenger Company (ZUPCO) inspectors.
She then grumbled about the rising cost of living especially since she is aged and receives no assistance from the government.
Two police officers who were on patrol thought she was being harassed by touts due to her loud voice only to find her praising Ian Smith.
She was then removed by the police officers and made to climb into the back of a police vehicle.
Passengers and onlookers began insulting the local law enforcers for disrespecting an elderly citizen by the way they handled her.
The old lady was later cautioned by police and released without a charge.
<h4>More: <a href="https://www.thezimbabwemail.com/law-crime/elderly-woman-arrested-for-saying-rhodesias-ian-smith-was-better/?utm_source=ReviveOldPost&amp;utm_medium=social&amp;utm_campaign=ReviveOldPost" rel="noopener" target="_blank">Zimbabwe Mail</a></h4>

Granny Arrested For Saying Rhodesia’s Ian Smith Was Better

MDC Alliance Youth Assembly chairperson Tererai Sithole was on Friday denied bail by a Harare magistrate.
Sithole appeared before Harare Magistrate Dennis Mangosi yesterday afternoon facing criminal nuisance charges as defined in section 46 of the Criminal Law (Codification and Reform) Act.
He was remanded in custody to 14 May 2021.
Sithole was arrested on Monday 26 April 2021 by Zimbabwe Republic Police (ZRP) officers outside Harare Magistrates Court.
Police officers allege that Sithole together with some unidentified people who have not yet been apprehended participated in a demonstration held at New Government Complex in Harare on 1 April 2021.
The group allegedly sang protest songs with the lyrics “haikona kutamba neropa revakomana” and held placards inscribed “Free Mako, Free Joana, Ziyambi Must Go”.
MDC Treasurer David Coltart says Sithole is a victim of persecution by the State which is abusing the law to punish members of the political opposition. Coltart tweeted:
<blockquote>MDC A Youth Assembly chairman Obey Tererai Sithole was denied bail yesterday when he appeared before Harare Magistrate Dennis Mangosi &amp; remanded to 14 May 2021. He has been charged with an utterly spurious “offence”. This is more persecution by the regime where the law is a weapon.
Obey is yet another in a long line of MDC A leaders who’ve been detained. As the regime tried to crush ZAPU in the 1980s so it’s doing the same today. The purpose is to create a de facto one-party state so that it can loot with impunity. All patriots have a duty to oppose this.</blockquote>
Meanwhile, Harare West legislator Joana Mamombe and fellow MDC Alliance activist Cecilia Chimbiri will remain in jail after High Court Judge Justice Tawanda Chitapi postponed the ruling on their bail appeal to next Tuesday saying he was still writing the judgment.
Mamombe and Chimbiri have been in jail for close to two months following their arrest for allegedly breaching COVID-19 regulations after holding a press conference at the Harare Magistrates Court calling for the release of Makomborero Haruzivishe, who is serving a 14 months’ prison sentence for “inciting violence and resisting arrest.”

MDC Alliance Youth Assembly Chairman Denied Bail

MDC Alliance youth assembly president Tererai Obey Sithole was on Monday arrested while leaving the Harare Magistrates Court.
Sithole was arrested in the morning after he appeared in court where he was answering charges of holding an illegal demonstration in Warren Park last year.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), Sithole is now facing criminal nuisance charges. Police said that Sithole committed the offence on 1 April.
Sithole had just left court where he was further remanded on a separate charge of allegedly holding an illegal demonstration in Warren Park in May last year.
In that case, he is jointly charged with <a href="https://www.pindula.co.zw/Joana_Mamombe">Harare West MP Joana Mamombe</a> and activists Netsai Marova, Cecilia Chimbiri, Lovejoy Chitengu and Stanley Manyenga. Sithole tweeted:
<blockquote>I have just been arrested on my way out of court. I’m yet to be advised of my charge. I remain unshaken, till freedom!</blockquote>
The Zimbabwe Peace Project (ZPP) condemned the arrest of Sithole describing it as persecution of dissenting voices. It said in a statement:
<blockquote>The arrest of Tererai Sithole and Alan Moyo is just another example of the continued persecution of dissenting voices.
This is happening as Joana Mamombe and other political and civil rights activists are facing persecution.
We implore the government to ensure the principle of separation of power is restored as this has a bearing on public confidence in the law enforcement and judiciary systems.
We urge the police and the courts to always be guided by the Constitution in how they apply themselves.
As ZPP, we believe that the judiciary plays a critical role in ensuring a fair, objective and impartial society, where all citizens are equal.</blockquote>
Authorities say Sihole is charged with criminal nuisance after he allegedly sprayed graffiti at the New Government Complex in Harare on April 1 while demonstrating with other political activists.
More: <a href="https://news.pindula.co.zw/">Pindula News</a>

UPDATE: MDC Alliance Youth Assembly Leader Tererai Sithole Arrested

The MDC Alliance officials who were arrested and taken to Harare Central earlier on Friday have been charged with criminal nuisance.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), police said the MDC Alliance officials sang, moved and blocked the road around Harvest House in central Harare.
Criminal Nuisance and Disorderly Conduct are vague offences that have been arbitrarily used by police over the years, ZLHR said.
The officials are co-deputy presidents Tendai Biti and Lynette Karenyi Kore, secretary for international relations Gladys Hlatshwayo, and her deputy Lovemore Chinoputsa, Manicaland provincial chair, David Chimhini and Vimbai Tome.
They are being represented by Beatrice Mtetwa and Alec Muchadehama.
According to Mtetwa, the officials were to be locked up for the night after the Provincial Commander gave that order and they will be taken to court on Saturday for something that ordinarily requires a fine.
They were arrested at the party headquarters, Harvest House, now known as Morgan Richard Tsvangirai House where they intended to gain entrance and address a press conference.
The building was seized by soldiers on Thursday night and handed over to the Thokozani Khupe-led MDC-T.

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