HARARE – A group of 39 war veterans who were being tried for convening an unlawful gathering during the Covid-19 lockdown period back in 2021 are finally free after the state withdrew charges against them before plea.

The decision follows their successful High Court appeal in which they challenged the charge, arguing that facts presented did not add up to an offence.

The former fighters’ pleas for innocence had been dismissed by Harare magistrate Barbara Mateko, prompting the appeal to the superior court.

Their prayer was upheld by High Court judges Benjamin Chikowero and Pisirayi Kwenda who set aside the magistrates court’s proceedings held starting right from the pleading stage to exception.

The judges directed the resending of the ex-combatants’ matter back to the lower court for retrial.

However, the matter was withdrawn before magistrate Winfilda Tiyatara, who had taken it up from Mateko.

The State was alleging that on October 13, 2021, the Zimbabwe Liberation War Veterans Association notified the police of its intention to hold a peaceful march in central Harare to express their displeasures over inadequate pensions and welfare support.

It further alleged that the war veterans’ request was turned down on October 18 on the basis that the country was still under Covid-19 level two lockdown, a period when all street demonstrations had been suspended by government.

“On October 26, members of the police reaction group, who were on patrol in the central business district, received information that there was a group of people gathered in Africa Unity Square, at the corner of Third Street and Jason Moyo Avenue in Harare.

“The police proceeded to the place, where they engaged the accused persons, who indicated that they were war veterans and wanted to deliver a petition to Parliament and President Emmerson Mnangagwa’s Munhumutapa offices,” the State alleged.

The war veterans, further alleged the state, were then advised to send five representatives with their petition but they refused, insisting that they wanted to go as a group.

On the day they were arrested, police had ordered them to disperse, but they refused while chanting revolutionary songs, thereby disturbing peace and traffic movement in town, prosecutors had alleged.