Mwonzora, the legislator for Nyanga North constituency and the 23 villagers who were arrested two weeks ago and charged with violating section 36(1)(a) of the Criminal Law (Codification and Reform) Act for public violence were granted bail by Nyanga Magistrate Ignatio Mhene last Monday. Mhene had granted a US$ 50 bail each for Mwonzora and the villagers after ruling that the State had failed to overpower the assurances given by the applicants in their application for bail.
But their bail order was suspended after State prosecutor, Tirivanhu Mutyasiri invoked the notorious Section 121 of the Criminal Procedure and Evidence Act (CPEA) to put aside the bail order.
Edmore Nyazamba, a law officer in the AG’s Office filed the appeal papers which were only served to Mwonzora’s lawyers Jeremiah Bamu and Tawanda Zhuwarara of Zimbabwe Lawyers for Human Rights (ZLHR) on Monday.
The invocation of Section 121 of the CPEA, which suspends the bail order for suspects for seven days pending the filing of an appeal by the State in the High Court has already been condemned by ZLHR which said such actions were “malevolent and unjustified”.
ZLHR said the persecution of Mwonzora and the villagers was testimony that, despite the guarantees for free political activity enshrined in the Global Political Agreement, there remained some elements within the transitional coalition government who are dead set against the dawn of democracy in Zimbabwe.