NGO Forum petitions Harare Provincial Magistrate for delaying “anti-Sikhala arrest” demonstrators bail hearing

By Staff Writer

ZIMBABWE Human Rights NGO Forum (NGO Forum) has petitioned Harare Provincial magistrate for unfairly delaying the bail hearing in a case implicating activists who staged a demonstration against Job Sikhala’s continued detention.

Four University of Zimbabwe students who were arrested on May 17 on allegations of protesting opposition legislator continued pre-trial incarceration have raised concern over undue delays in their bail determination.

In a letter dated May 30, addressed to the Harare provincial magistrate, Zimbabwe Human Rights NGO Forum (NGO Forum) executive director Musa Kika raised concerns over the manner in which the matter has been dragged.

 “We are concerned about what we consider undue delays in the treatment and determination of bail for our clients, who were arrested on May 17, 2023 and to this day, bail proceedings are meant to be finalised on account of delays for which we think should, and can be avoided, given that bail proceedings are inherently urgent,” he said.

Kika said his organisation was instructed by the four accused persons to bring to your attention their concerns about the undue delays in dispensing with the bail proceedings in the matter in view of the urgency and importance attached to bail proceedings in terms of the law.

The quad includes; Emmanuel Sitima, Comfort Ncekuyenkosi Mpofu, Tawanda Benjamin Watadza and Lionel Andrew Madamombe, 

 “Section 50(1)(d) of the Constitution provides that any continued detention of an accused person must be on the basis of compelling reasons. Bail is inherently urgent and section 117A (3) of the Criminal Procedure and Evidence Act [Chapter 9:071 which regulates bail applications states that every application in terms of subsection (2) shall be disposed of without undue delay,” said Kika.

He said it was shocking that the quartet continued to be denied bail on flimsy grounds.