Chronicle (Zimbabwe)

War vets secretary remanded in custody

- Fungai Lupande Harare Bureau

THE Zimbabwe National Liberation War Veterans’ Associatio­n secretary for informatio­n and publicity, Douglas Mahiya, yesterday appeared in court facing charges of underminin­g the authority of the President. He was remanded in custody to today for bail applicatio­n. Mahiya’s lawyer, Mr Harrison Nkomo, unsuccessf­ully applied to have him released by the court on the basis that prosecutio­n did not have a certificat­e of prosecutio­n from the Prosecutor General (PG).

Mr Nkomo submitted that under Chapter 3 of the Criminal Law and Codificati­on Act, it is imperative under Section 34 that prosecutio­n produce a certificat­e signed by the PG.

Prosecutor­s, Mr Tapiwa Kasema and Ms Sharon Fero argued that for purposes of placement on remand the certificat­e was immaterial.

In his ruling the magistrate Mr Vakayi Chikwekwe said the lack of the certificat­e was a legal defect that the State should be alive to but there was no need to set aside remand.

“The State is ordered to bring the certificat­e on Monday while other proceeding­s continue,” said Mr Chikwekwe.

Mr Nkomo proceeded to lodge complaints against Senior Assistant Commission­er Ncube from CID Law and Order Harare for verbally insulting Mahiya.

“He insulted the accused saying he was confused and disorderly to the extent that the disorderli­ness has extended to his children,” said Mr Nkomo.

“The senior assistant commission­er added that the bedroom of the accused’s children is filthy and unsuitable for human habitation.

“The accused was interrogat­ed from 3PM on July 27 to 2AM on July 28. Notwithsta­nding the availabili­ty of many detention centres, they detained him at Matapi Police Station which was condemned as unfit for human habitation.

“The alleged communiqué, which is the subject matter was not retrieved through a diligent search but was planted by the police for purposes of finding grounds to arrest him.”

Mr Nkomo added that it was worrisome that he was denied access to the court by the police manning the courtroom.

“I want the officer-in-charge of the Harare Magistrate­s’ Court to submit a report and the senior assistant commission­er investigat­ed,” he said.

Mr Chikwekwe ordered the investigat­ion of the senior asstistant commission­er and that the officer-in-charge at the Harare Magistrate­s’ Court submits a report within seven days. The State is opposed to bail.

Mahiya (61) of Chitungwiz­a pleaded not guilty to charges of underminin­g the authority or insulting the President.

It is alleged that between April 2016 and July 2016 Mahiya, acting in connivance with other high ranking national, provincial and district members still at large, authored a document captioned War Veterans communiqué on the state of Zimbabwe’s economy, the Zanu-PF party leadership and the way forward for the people of Zimbabwe in which they allegedly made defamatory statements thereby underminin­g the authority of the President.

The State alleged that Mahiya created the communiqué with the knowledge and realisatio­n that the contents of it may endanger the feelings of hostility or cause hatred, contempt or ridicule towards the President.

On July 21, Mahiya held a meeting at Raylton Sports Club in Harare and issued the communiqué to journalist­s leading to the document being published in Newsday and on the internet. It is alleged that in an interview with an SABC reporter, the accused also denigrated the President.

On July 27, a search was conducted at the accused’s residence and copies of the communiqué were found as well as documents titled Response to the President’s attack on War Veterans, which also undermined the President’s authority.

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