HARARE – A court on Wednesday dismissed an application by the National Prosecuting Authority (NPA) for the revocation of Harare West MP Joana Mamombe’s bail.
Harare magistrate Stanford Mambanje, in rejecting the NPA application filed last week, criticised a police officer who struck off Mamombe’s signature to give an appearance that she had not presented herself at a police station as part of her bail conditions.
Mamombe is required to check-in with police once every Friday while awaiting trial for allegedly breaching Covid-19 lockdown regulations by addressing a news conference. She had been due to report at Harare Central Police Station on August 27 but went a day later instead, she told the court because she returned late from her rural home and a 6PM to 6AM curfew prevented her from keeping the appointment.
Prosecutor Michael Reza had argued that the default was deliberate.
Mambanje, however, ruled that the lawmaker would not have reported the following day if she had intentions to abscond.
“The accused gave her explanation and a senior police officer accepted her explanation and he ordered a junior officer to allow her to sign in the reporting book,” Mambanje ruled.
“The conduct of this officer who cancelled the signature of the accused without seeking the explanation of his boss is worrisome. The accused person has a right to give an explanation and it was accepted.
“The conduct of police to say the accused did not sign is not correct. The revocation was not properly justified. The person who came to court did not explain why he cancelled that signature.”
Mambanje said the purpose of bail reporting conditions is to make an accused attend court at anytime. He said Mamombe has no record of skipping court.
While challenging the NPA application, Mamombe’s lawyer Aleck Muchadehama had argued that the 28-year-old has always respected the orders.
“She has been reporting thrice a week since 2020 and has never defaulted,” he said.
Muchadehama said she has been reporting to police on various criminal charges since February 2020 – making them 59 Fridays to date.