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Former Citizens Coalition for Change (CCC) party senator, Jameson Timba, and 78 others who were challenging their placement on remand on the basis that they had been over-detained by the police had their application dismissed by the Court on Wednesday afternoon, the National Prosecuting Authority (NPA) has said.
The 79 were arraigned before the Harare Magistrates’ Court facing charges of participating in a gathering with the intent to promote violence, breaches of peace or bigotry as well as disorderly conduct.
Allegations are that on 16 June 2024, at around 2 PM, police received information to the effect that an unsanctioned gathering was underway at a house in Strathaven, Avondale West, Harare.
According to prosecutors, the unsanctioned gathering was for an unlawful demonstration. 
Police officers proceeded to the residence to investigate and on arrival, they enquired about the purpose of the gathering.
The accused persons allegedly became hostile and riotous and threw stones at the police and their vehicle, forcing them to call for reinforcements.
Two police officers were injured during the melee and the police vehicle was also damaged.
The accused persons, who included a minor aged 17 years, were only arrested after the police resorted to tear smoke.
The teenager was remanded into the custody of his guardian. Another accused person who showed signs of being mentally challenged was dealt with in terms of section 26 of the Mental Health Act and will be in custody pending an examination by two doctors.
The Court ruled in favour of the State and the accused persons were placed on remand. The accused persons made a bail application which will continue this Thursday, June 20.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Jameson Timba, 78 CCC Activists To Face Trial For Disorderly Conduct

The Zimbabwe Lawyers for Human Rights (ZLHR) has secured the release of five villagers among them a pregnant woman, and a 3-year-old toddler, who had been arrested for disorderly conduct in a public place.
ZLHR said Jennifer Sithole (58) and her 3-year-old toddler grandchild, Esther Kuseri, who was pregnant, Tafirenyika Boterere, Shadreck Manyange, Brighton Manyange and Noel Chikosa, were detained at Ruda Police Station in Honde Valley.
 The villagers were arrested on Wednesday last week for allegedly protesting against maladministration by some school authorities at Sagambe Primary School. The ZLHR said:
<blockquote>
We have rescued a toddler and a pregnant woman, whom [the police] had detained together with some aggrieved villagers, who were charged for allegedly protesting against maladministration by some school authorities in Honde Valley.
On Wednesday, the police detained a 3-year-old toddler at Ruda Police Station in Honde Valley, together with Jennifer Sithole, the baby’s 58-year-old grandmother and Esther Kuseri, who was pregnant and four other villagers, who reside in Sagambe village in Mutasa District in Manicaland Province and charged them with disorderly conduct in a public place as defined in section 41 of Criminal Code.
The ZRP officers accused Kuseri, Sithole and 4 other villagers namely Tafirenyika Boterere, Shadreck Manyange, Brighton Manyange and Noel Chikosa of masterminding a protest against Evans Mwaturura, the school head at Sagambe Primary School, who stands accused by some parents and guardians of presiding over maladministration at the school.
The villagers were also accused of stopping school children from attending lessons at Sagambe Primary School. The allegations of maladministration had been raised during a School Development Committee (SDC) annual general meeting, which was held at Sagambe Primary School, where some parents intended to raise several concerns against Mwaturura.
The disgruntled parents had sought to engage officials from the Ministry of Primary and Secondary Education and eventually, a meeting was held with officials from the ministry in the presence of some ZRP officers from Ruda Police Station.
Kuseri was arrested during the meeting for allegedly raising her voice against an official at the consultation.
She was released from Ruda Police Station on Thursday after she paid an admission of guilt fine for disorderly conduct in a public place for contravening section 41 of the Criminal Code, following the intervention of human rights lawyer Tatenda Sigauke of the Zimbabwe Lawyers for Human Rights.
Kuseri opted to pay an admission of guilt fine for disorderly conduct in a public place because she was pregnant and the conditions of police detention were making her uncomfortable and she was not comfortable with the inconvenience of court processes considering her condition.
Chikosa who is the former SDC Chairperson at Sagambe Primary School, was separately charged with contravening section 37 of the Criminal Code for allegedly participating in a gathering with intent to promote public violence, breaches of the peace or bigotryChikosa was accused of being the one who had written a list of grievances levelled against Mwaturura, which had been presented at the meeting with officials from the Ministry of Primary and Secondary Education.
The three-year-old toddler and Sithole, Boterere, Manyange, Chikosa and Manyange, were only set free following the intervention of Sigauke on Friday at Mutasa Magistrates Court, where they had been hauled for their initial appearance.
Sigauke successfully argued with prosecutors from the National Prosecuting Authority against the placement of the villagers on remand and requested that they be released immediately. Prosecutors were left with no option but to assent to Sigauke’s request and this led to the release of the 5 villagers including the three-year-old toddler.
Prosecutors stated that they would resort to summoning the villagers if they were to consider prosecuting them.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Toddler, Pregnant Woman Among Villagers Detained For Disorderly Conduct

Former Zengeza West MP, Job Sikhala, is set to appear at the Harare Magistrates’ Court on Friday, 16 February in a case in which he is accused of disorderly conduct in a public place.
Sikhala was in court earlier on Thursday, 15 February, where he was fined US$500 by Harare regional magistrate Feresi Chakanyuka for communicating falsehoods.
In a statement, the National Prosecuting Authority (NPA) confirmed that Sikhala will appear in court tomorrow on a charge of contravening Section 41(a) of the Criminal Law Codification and Reform Act Chapter 9:23. It said:
<blockquote>
Job Sikhala was this morning sentenced to a fine of USD500 by a Harare Magistrate on charges of publishing or communicating false statements prejudicial to the State.
He was sentenced to a further 9 months imprisonment, wholly suspended for 5 years on condition that he does not commit any offence involving publishing or communicating false statements prejudicial to the State.
The charges are emanating from a statement that the accused person made on social media sometime in 2021 alleging that the Police were responsible for the death of an infant.
The accused person will appear again in court tomorrow for judgment in another case in which he is accused of contravening Section 41(a) of the Criminal Law Codification and Reform Act Chapter 9:23, which is disorderly conduct in a public place.
</blockquote>
In May 2023, Sikhala and former Chitungwiza Mayor Lovemore Maiko appeared before Harare magistrate Yeukai Dzuda on allegations of disorderly conduct.
Police officer Keffus Kumurai and Zanu PF supporter Pardon Chitembwe were brought in as witnesses and testified that Sikhala and opposition supporters initiated violence against Zanu PF supporters.
The witnesses claimed that a fight broke out between the two political parties and police had to intervene.
Keffus Kumurai told the court that he was patrolling in Zengeza while a Zanu PF gathering was being held at the Zengeza 5 grounds. He said suddenly a white lorry appeared with 40 people, including Sikhala.
Officer Kumurai testified that a fight broke out between the two political parties and police had to park their vehicles between the two political party camps.
However, a statement produced in court by the same policeman claimed that supporters of both parties threw stones at each other. The police officer suggested that this may have been the result of a typing error.
Pardon Chitembwe claimed that the opposition supporters were carrying stones in the truck and that Lovemore Maiko was giving more stones to the youths to throw at them.
Chitembwe also accused Job Sikhala of throwing a stone that hit one of their members, Shepard Tawodzera. Chitembwe stated that he is the secretary for security in the ruling party.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Sikhala Back In Court On 16 February On Disorderly Conduct Charge

The seven parents who were arrested by the police at Prince Edward High School for disorderly conduct on Monday were all released pending investigations.
Zimbabwe Republic Police (ZRP) spokesperson in Harare Province, Inspector Luckmore Chakanza, confirmed their release to <a href="https://www.hmetro.co.zw/pe-seven-released-investigations-continue/">H-Metro</a>. He said:
<blockquote>
The parents were released as police continue to investigate with a view to ascertain what actually happened.
</blockquote>
The parents were arrested at the school when they were enquiring about the school fees levied for their children, according to the Zimbabwe Lawyers for Human Rights (ZLHR).
They were initially taken to Milton Park Police Station before being ferried to Harare Central Police Station where they were detained. Said ZLHR:
<blockquote>
7 parents of students at Prince Edward High School have been arrested by [the Zimbabwe Republic Police] for allegedly acting in a disorderly way when they were enquiring about the school fees levied for their children.
They are detained at Harare Central Police Station after initially being detained at Milton Park Police Station. They are represented by Paidamoyo Saurombe of ZLHR.
</blockquote>
<a href="https://www.newzimbabwe.com/raw-sewage-flowing-in-prince-edward-school-hostels-funds-embezzlement-by-authorities-disgruntled-parents-allege/">NewZimbabwe.com</a> reported that the parents accused school authorities of embezzling funds and ignoring raw sewage flowing in the hostels.
The seven who were arrested were among scores of parents who gathered at the school on Monday morning to urge authorities at the institution to deal with the sewage crisis to avert a cholera outbreak.
Parents also raised concerns over striking teachers, sodomy, bullying, drug and substance abuse, theft and poor governance by the headmaster Agrippa Sora and the School Development Committee (SDC).
They accuse the current SDC chairperson of storing gas tanks at the school, raising fears for learners’ safety in case of an explosion.
The headmaster, Sora reportedly refused to attend to parents who were demanding a meeting with him, and instead, sent his deputy but nothing came out of it.
One of the disgruntled parents, Priscilla Makawa, alleged that the school recorded only a 22 percent pass rate in last year’s O’ Level ZIMSEC examinations. She said:
<blockquote>
We have no problem with the USD900 pegged fees for borders but our main concern is that our children are not being taught.
Teachers have not been available for lessons resulting in a very low pass rate of 22% last year.
Our children brought notebooks with only 2-page notes. The content covered so far for the exam classes is less than a quarter of the syllabus.
The general hand workers allege that they have not been paid for the past four months. SDC has ignored both workers’ and parents’ grievances.
As parents, we cannot pay USD900 without any services being offered. We have been denied access to the hostels.
All legal processes being taken by parents have been stifled by the headmaster and the SDC.
</blockquote>
Meanwhile, the seven parents who were arrested for acting in a disorderly manner were reportedly later released without a charge.
Disorderly conduct is a criminal offence governed by the Criminal Law (Codification and Reform) Act.
Section 41 of the Act defines disorderly conduct as engaging in any behavior that is likely to cause a breach of peace or public disorder, such as fighting, using offensive or threatening language, or behaving in a manner likely to cause fear or alarm.
If a person is found guilty of disorderly conduct, they may face penalties such as fines or imprisonment.
The severity of the penalty will depend on the specific circumstances of the case and the discretion of the court.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Parents Arrested At Prince Edward High School Released

Seven (7) parents of students at Prince Edward High School in Harare were arrested on Monday by the police for allegedly acting in a disorderly manner.
The parents were arrested at the school when they were enquiring about the school fees levied for their children, according to the Zimbabwe Lawyers for Human Rights (ZLHR).
They were initially taken to Milton Park Police Station before being ferried to Harare Central Police Station where they were detained. Said ZLHR:
<blockquote>
7 parents of students at Prince Edward High School have been arrested by [the Zimbabwe Republic Police] for allegedly acting in a disorderly way when they were enquiring about the school fees levied for their children.
They are detained at Harare Central Police Station after initially being detained at Milton Park Police Station. They are represented by Paidamoyo Saurombe of ZLHR.
</blockquote>
<a href="https://www.newzimbabwe.com/raw-sewage-flowing-in-prince-edward-school-hostels-funds-embezzlement-by-authorities-disgruntled-parents-allege/">NewZimbabwe.com</a> reported that the parents accused school authorities of embezzling funds and ignoring raw sewage flowing in the hostels.
The seven who were arrested were among scores of parents who gathered at the school on Monday morning to urge authorities at the institution to deal with the sewage crisis to avert a cholera outbreak.
Parents also raised concerns over striking teachers, sodomy, bullying, drug and substance abuse, theft and poor governance by the headmaster Agrippa Sora and the School Development Committee (SDC).
They accuse the current SDC chairperson of storing gas tanks at the school, raising fears for learners’ safety in case of an explosion.
The headmaster, Sora reportedly refused to attend to parents who were demanding a meeting with him, and instead, sent his deputy but nothing came out of it.
One of the disgruntled parents, Priscilla Makawa, alleged that the school recorded only a 22 percent pass rate in last year’s O’ Level ZIMSEC examinations. She said:
<blockquote>
We have no problem with the USD900 pegged fees for borders but our main concern is that our children are not being taught.
Teachers have not been available for lessons resulting in a very low pass rate of 22% last year.
Our children brought notebooks with only 2-page notes. The content covered so far for the exam classes is less than a quarter of the syllabus.
The general hand workers allege that they have not been paid for the past four months. SDC has ignored both workers’ and parents’ grievances.
As parents, we cannot pay USD900 without any services being offered. We have been denied access to the hostels.
All legal processes being taken by parents have been stifled by the headmaster and the SDC.
</blockquote>
Meanwhile, the seven parents who were arrested for acting in a disorderly manner were reportedly later released without a charge.
Disorderly conduct is a criminal offence governed by the Criminal Law (Codification and Reform) Act.
Section 41 of the Act defines disorderly conduct as engaging in any behavior that is likely to cause a breach of peace or public disorder, such as fighting, using offensive or threatening language, or behaving in a manner likely to cause fear or alarm.
If a person is found guilty of disorderly conduct, they may face penalties such as fines or imprisonment.
The severity of the penalty will depend on the specific circumstances of the case and the discretion of the court.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

7 Parents Arrested For Disorderly Conduct At Prince Edward High School

Zengeza West MP Job Sikhala (MDC Alliance), who has been in pre-trial detention for more than 300 days, and former Chitungwiza Mayor Lovemore Maiko appeared before a Harare magistrate on Thursday, 20 April, charged with disorderly conduct.
Sikhala and Sithole allegedly disrupted a ZANU PF rally in Chitungwiza in May last year by throwing stones at people who were gathered at the event.
They are being charged with disorderly conduct as defined in Section 41 (a) of the Criminal Law (Codification and Reform) Act, Chapter 9:23.
Their trial, however, failed to kick off after their lawyers indicated that they had not been furnished with papers to prepare for their clients’ defence.
Harare magistrate Yeukai Dzuda postponed the matter to 9 May.
Allegations are that on 02 May 2022, at around 10 am, ZANU PF aspiring candidate for Ward 7, Charamba Mlambo, was holding a council by-elections campaign rally at Zengeza 5 open grounds in Chitungwiza.
The court heard that at around 2 PM, Sikhala and Maiko, who were reportedly part of a group that was armed with stones, allegedly approached the gathering and started stoning the people.
The gathering was forced to disperse as a result.
Sikhala, who is the Citizens Coalition for Change (CCC) deputy national chairperson, has remained on pre-trial detention for the past 10 months after his arrest in June last year.
He was arrested for allegedly inciting public violence and disturbing police investigations following the murder of Moreblessing Ali of Nyatsime in 2022.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Job Sikhala In Court For "Throwing Stones At A ZANU PF Rally"

Job Sikhala is set to appear in court on Thursday on an alleged disorderly conduct charge, bringing to four the cases he is facing after being denied bail on the other three.
The Zengeza West MP has remained on pre-trial detention for the past 10 months after his arrest in June last year.
Sikhala was arrested for allegedly inciting public violence and disturbing police investigations following the murder of Moreblessing Ali of Nyatsime in 2022.
His allies, who call themselves Friends of the Job Sikhala Trust, told <a href="https://www.newsday.co.zw/local-news/article/200010354/sikhala-faces-yet-another-charge">NewsDay</a> on Monday that the new charge of disorderly conduct is a deliberate attempt to keep Sikhala in prison until after the forthcoming elections.
The spokesperson of Friends of the Job Sikhala Trust Emmanuel Zellers Gumbo said:
<blockquote>
The trust notes with deep sadness the perpetual persecution of Mr. Sikhala. But the regime has made it clearer that this is nothing but a political battle as compared to legal which now calls for political action, we now need to speak with the voice of the oppressed.
Regrettably, this is a well-calculated, deliberate effort to lock Job Sikhala behind bars beyond the forthcoming elections.
</blockquote>
CCC insists Sikhala is a political prisoner and is facing trumped-up charges.
In September 2022, constitutional law expert Lovemore Madhuku suggested that political dialogue between CCC and ZANU PF will facilitate Sikhala’s release.
He said CCC’s refusal to talk with ZANU PF was behind Sikhala’s continued incarceration.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Job Sikhala Faces Fresh Charge

A Gweru-based journalist who was at the Gweru Magistrates Court on Thursday to answer charges of disorderly conduct will now appear in court by way of summons.
The Mirror Midlands bureau chief and Assistant Editor, Elizabeth Mashiri was arrested on Tuesday by police despite producing her <a href="https://www.pindula.co.zw/Zimbabwe_Media_Commission">Zimbabwe Media Commission (ZMC)</a> press card.
The arrest also happens when the <a href="https://www.pindula.co.zw/Ministry_of_Information,_Publicity_and_Broadcasting_Services">Ministry of Information, Publicity and Broadcasting Services</a> together with Tag a Life International (TaLI), in partnership with Fojo Media Institute, Identities Media TV launched the  <a href="https://news.pindula.co.zw/2021/07/22/my-freedom-of-information-campaign-launched-in-zimbabwe/">My Freedom of Information campaign</a> launched in Zimbabwe in July 2021 to raise awareness on the Freedom of Information Act for vulnerable groups and journalists.
The prosecutor on duty said that because of the prevailing COVID-19 situation and the partial closure of courts, her case will be heard by way of summons.
Mashiri was arrested for allegedly taking pictures and videos of police in running battles with vendors. The vendors accused police officers of demanding bribes daily.
The vendors openly told the cops that they were tired of paying bribes and those arrested exchanged harsh words with the police officers right into the charge office.
At the police station, the Member in Charge Crime Assistant Inspector Chinounye wanted Mashiri to either pay a fine or spent the night in a filthy cell.
Mashiri was adamant that she would not pay the fine because she was at the scene of the skirmishes as a registered and accredited journalist.
She also told Constable Locadia Mutundwa who arrested her that she had a constitutional right as a journalist to cover the story of the vendors and the alleged bribe-taking cops.
Mashiri was released late in the afternoon after her lawyer intervened and told the Member in Charge Crime that the case was too trivial for someone to be detained overnight.
She is being represented by Reginald Chidawanyika of Chetere Chidawanyika and Partners.
<h4>More: <a href="https://masvingomirror.com/gweru-journalist-to-appear-by-way-of-summons/">Masvingo Mirror</a></h4>

Gweru Journalist To Appear In Court By Way Of Summons

Mirror Assistant Editor, Elizabeth Mashiri refused to pay a fine to Police on Tuesday after she was arrested for allegedly taking pictures of running battles between law enforcement agents and Gweru vendors.
Award-winning Mashiri who was arrested despite producing her Press card insisted that journalism is not a crime and it was not an offence to be present at the scene of the skirmishes. 
She also said her rights as a journalist are enshrined in the Constitution of Zimbabwe.
This comes amid the “<a href="https://news.pindula.co.zw/2021/07/22/my-freedom-of-information-campaign-launched-in-zimbabwe/">My Freedom of Information Campaign” that was launched last month</a> by a women’s and girls’ rights organisation, Tag a Life International (TaLI), to raise awareness on the Freedom of Information Act for vulnerable groups and journalists.
The campaign is spearheaded by TaLI, in partnership with Fojo Media Institute, Identities Media TV and the Ministry of Information, Publicity and Broadcasting Services.
Police threw Mashiri into cells threatening to detain her until the next morning when she would go to court but Mashiri remained adamant that she would not pay the fine.
Mashiri was only released from the cells after her lawyer Reginald Chidawanyika said the case was too trivial to detain her overnight and more so when Covid19 is wreaking havoc in the Midlands city.
The Member in Charge Crime Assistant Inspector Chinounye wanted Mashiri to spend the night in the cells for reasons that she had been booked and had already been put in cells.
Police charged her with disorderly conduct and she is going to appear at the Gweru Magistrates Courts on Thursday. Reads her charge sheet:
<blockquote>
Disorderly conduct which occurred on the 17th day of August 2021 at Kudzanayi Rank in which it is alleged that you took photos and pictures of Police officers on duty.
</blockquote>
Mashiri, however, says she had not taken any pictures by the time she was arrested.
<a href="https://masvingomirror.com/editor-refuses-to-pay-fine-to-police/">The Mirror reports</a> that Mashiri who is their Midlands bureau chief on Wednesday intended to lodge a complainant against harassment by the Police. 
Mashiri accused one of the officers of lifting up her dress during the arrest to the extent of exposing her undergarments.
More: <a href="https://news.pindula.co.zw">Pindula News</a>

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