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UPDATE. MDC lawyers challenge constitutionality of draconian law
Harare Magistrate, Jackie Munyonga, will tomorrow make a ruling on an application made by MDC lawyers challenging the constitutionality of Section 121 sub section 3 of the Criminal Procedure and Evidence Act, which when invoked suspends a bail order from the courts.
Tomorrow’s ruling comes after the State had denied the granting of bail to MDC director-general, Toendepi Shonhe.
Shonhe, had his bail ruling on trumped-up charges for perjury reserved to today, but the State opposed the ruling by the magistrate on granting him bail after it invoked the draconian Section 121 sub section 3.
He had been granted a US$500.00 with stringent reporting conditions.
The MDC lawyers, however, challenged that the Section derogates the provision of the Constitution and cited that it was being abused by the Attorney-General’s (AG) office.
The lawyers then applied for the matter be referred to the Supreme Court on the premise that it ultra vires the Constitution.
The MDC is contesting that since the inception of that law in 2000, there has been no appeal that has been successfully prosecuted by the State.
The AG’s office is not using the Act professionally or objectively against those it perceives to be political opponents.
Shonhe, who is being charged for perjury under Section 183 (1) of Criminal Law and Codification Reform Act, is accused of having lied under oath when he swore to an affidavit that three members of the MDC had been re-abducted by State security agents.
The three activists, Lloyd Tarumbwa, Fani Tembo and Terry Musona, had been taken by the State security agents from their homes in Banket for interviews at the Attorney General’s Office.
The MDC calls for the immediate release of its director-general, Toendepi Shonhe.
The MDC condemns the continued detention of one of it’s senior MDC employees. The MDC is dismayed by the continued detention of its director-general, Toendepi Shonhe on trumped-up charges of perjury.
Shonhe who was arrested on Tuesday, is being charged for perjury under Section 183 (1) of Criminal Law and Codification Reform Act and is accused of having lied under oath when he swore to an affidavit that three members of the MDC had been re-abducted by State securitty agents.
Today Harare Magistrate, Jackie Munyonga again referred judgement to tomorrow after the State said it wanted to invoke Section 121 sub section 3 of the Criminal Procedure and Evidence Act, which when invoked suspends a bail order from the courts.
Shonhe had been granted a US$500.00 bail with stringent reporting conditions by Magistrate Munyonga.
The three activists, Lloyd Tarumbwa, Fani Tembo and Terry Musona, had been taken by the State security agents from their homes in Banket for interviews at the Section 121 sub section 3 of the Criminal Procedure and Evidence Act, which when invoked suspends a bail order from the courts.
The MDC calls for the immediate release of its director-general, Toendepi Shonhe.
Nelson Chamisa
MDC you should learn how to deal with these zanu thugs its high time you put your foot down, the AG and Reserve bank governor have gone to go if you need the state of affairs to change.
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