HARARE – Citizens Coalition for Change (CCC) faction leader Jameson Timba and 79 party activists were on Tuesday sent to remand prison following their arrest for allegedly taking part in an unsanctioned gathering at the politician’s Harare home on Sunday.
The activists challenged their placement on remand.
They were charged with disorderly conduct and participating in an unlawful gathering.
Some of the suspects had visible injuries while claiming assault by the police.
When they appeared before Harare magistrate Ruth Moyo, the activists challenged their court appearance arguing that the police detained them beyond the period prescribed by the law.
“We have instructions to challenge their appearance before you on grounds that it contravenes section 50 of the CPEA,” lawyer Jeremiah Bamu told the court.
“They were arrested at 2PM on Sunday and they are only appearing at 3:20PM, which means they were detained beyond the allowed period. They have exceeded 48 hours.
“The law provides that any detention that exceeds the 48 hour limit is rendered unconstitutional in terms of the law and the court is obligated to order their immediate release in terms of the constitution.”
The State, represented by Thomas Chanakira, opposed the application.
The prosecutor said Timba and his co-accused were brought to court at 11AM before 48 hours lapsed.
But Bamu said the law speaks about appearance before a judicial officer and not just in the court premises.
The magistrate rolled the matter to Wednesday for ruling.
She also ordered the release of one of the suspects who is a minor.
Moyo also directed the state to ensure that suspects who were injured receive treatment.
Bamu is representing the activists together with other rights lawyers who include Webster Jiti, Agency Gumbo, Kelvin Kabaya, and Tinashe Chinopfukutwa/
