HARARE – Former Zanu PF politician Jim Kunaka’s application challenging further remand failed on Thursday after a magistrate ruled it was too early to complain.
Kunaka, facing subversion charges for allegedly posting messages on social media inciting the public to participate in fuel protests in January, had complained through his lawyer Job Sikhala that the State was taking too long to go to trial.
But Harare magistrate Babra Mateko upheld prosecutors’ submissions that Kunaka cannot be freed because of the nature of allegations he is facing.
“The accused is facing very serious allegations. The record reflects that the accused has been on remand for over four months. There have been no inordinate delays and will therefore move to dismiss this application,” Mateko said.
Prosecutor Sebastian Mutizirwa sought postponement saying they are awaiting confirmation from the Postal Telecommunication and Regulatory Authority (Potraz) to confirm the purported messages originated from Kunaka.
In opposing the application, Sikhala said the State has been using the same excuse since the initial remand of his client.
“There is no justified reason why the accused should be continuously kept on remand on the basis of that excuse. The state had undertaken to finish investigations within six weeks and record statements from four witnesses. No evidence has been brought before the court to show the statements have been recorded. It would be an insult to justice to appear again only to be told of the same excuse.
“One wonders what is so special about this case for the State to take six months to investigate, if there is any case. The overzealous nature of how the accused was arrested in the early hours of January 17 should have been the same zeal with which the State pursued this matter.
“The court must reject and refuse to collude with the State in trampling the fundamental human rights of the accused. I urge this court to exercise its mandate without fear or favour.”
Kunaka will be back in court on August 1.
