By Staff Writer
Opposition Citizens Coalition for Change leader Jameson Timba and 79 party activists have been remanded in custody to this Wednesday.
Timba and the opposition activists appeared before the Harare magistrate Ruth Moyo charged with disorderly conduct and participation in an unlawful gathering.
Through their lawyer Jeremiah Bamu, they challenged their placement on remand arguing that they were detained beyond the 48 hours allowed by the law.
“The law provides that any detention that exceeds the 48 hours limit is unconstitutional and the court is obligated to order their immediate release in terms of the Constitution, ” Bamu submitted.
Thomas Chanakira appearing for the NPA opposed the application arguing that Timba and accomplices were brought to court at 11 am and court proceedings commenced the moment they entered the court premises.
He said they have been busy with vetting and other processes so the application made by Bamu should be dismissed.
Bamu insisted that Chanakira’s argument was misplaced because section 50 talks about appearance before a Judicial officer and not arrival at court.
“So the violation exists.
“Their rights have been violated and in terms of the Constitution the only remedy is to release them immediately,” Bamu said.
Thomas Chanakira appearing for the NPA opposed the application arguing that Timba and accomplices were brought to court at 11 am and court proceedings commenced the moment they entered the court premises.
He said they have been busy with vetting and other processes so the application made by Bamu should be dismissed.
Bamu insisted that Chanakira’s argument was misplaced because section 50 talks about appearance before a Judicial officer and not arrival at court.
“So the violation exists.
“Their rights have been violated and in terms of the Constitution the only remedy is to release them immediately,” Bamu said.
