HARARE regional magistrate Ngoni Nduna on Tuesday dismissed legislator Job Sikhala’s application for refusal of placement on remand.
Sikhala, through his lawyers led by Harrison Nkomo, challenged placement on remand on the basis that the Act the State is basing on was outlawed following the advent of the 2013 constitution.
Sikhala is accused of publishing falsehoods on his twitter handle undermining the authority of the police by claiming that a police officer had caused the death of a baby by striking it with a baton.
Nduna ruled that General Amendment Act 3 of 2016 as a reason to rightfully place him on remand. Meanwhile, Hopewell Chin’ono, who is also facing the same offence, appeared before Harare magistrate Lazini Ncube and was remanded to today for ruling on the same application; challenging placement on remand.
MDC-Alliance spokesperson Fadzayi Mahere, who is facing the same charge, appeared before senior regional magistrate Tranos Utahwashe.
She will return to court on Friday where police are expected to bring a detailed report on the complaints she raised against them.
Mahere took to the witness stand and led a host of complaints against the police who detained her before she appeared in court.
“The police didn’t have a warrant when they came to knock and rattle at my gate as required by the law, the required paperwork was completed by 1050am and the whole idea for us to go early was to avoid spending a night in detention unnecessarily especially because we are in Covid-19 times.
“We were told that the detective who arrested me didn’t come to court today because she had a fever, which is very concerning and the lack of protocol was astounding; there are no temperature checks at the entrance there’s no sanitizer in the holding cells and waiting rooms.
“There’s no social distancing, no masks, inmates had old and well-worn masks, no sanitizers and no provision for sanitary wear in the female cell.
“The toilet was a pit latrine surrounded by a wet puddle of urine, no facility for the toilet to ash, it wasn’t really a toilet, it was a raised concrete block with no water to wash hands with no tissue paper.
“There was no ventilation so it stinks and it’s pungent and wearing a mask, you can’t breathe, there were seven people in my cell and there are lice infested blankets, some of the inmates were coughing and splattering with no social distancing, one was but wasn’t isolated, the cells were in a pathetic condition,” she said.
Magistrate Utahwashe said these are serious allegations, which he would not take lightly and therefore ordered the state to investigate and bring a detailed report on Friday.
Mahere also opposed placement on remand on the same facts raised by Sikhala and Chin’ono.