Prosecution says not ready in activist's criminal nuisance charges

Pro-democracy campaigner Mudehwe summoned for trial over Mphoko "Hotel  Stay" Protest | Spiked.co.zw | Best Zimbabwe News Online
Lynette Mudehwe

Philemon Jambaya

Activist Tendai Lynette Mudehwe recently appeared at the Harare Magistrates’ Courts where she faces criminal nuisance charges.

Mudehwe, the Founder and Co-ordinator of Zimbabwe Activists Alliance, has been appearing in court for the past eight years since she was arrested on November 30, 2015 and charged with criminal nuisance as defined in section 46 of the Criminal Law (Codification and Reform) Act for allegedly participating in an anti-government demonstration.

She was accused of demonstrating against former Vice-President Phelekezela Mphoko’s stay in a luxurious hotel at taxpayers’ expense. Mudehwe entered Rainbow Towers hotel during proceedings of the International Conference on AIDS and STI’s in Africa, with intent to cause annoyance or disturbance of public peace or realising that there was real risk or possibility that her conduct would cause annoyance or disturb peace to the public.

While at the venue of the ICASA conference, prosecutors allege that Mudehwe started shouting and singing and thereby disrupting the smooth flow of the conference.

Mudehwe, who is represented by Paidamoyo Saurombe of Zimbabwe Lawyers for Human Rights, is still appearing at Harare Magistrates Court, and recently, she was advised that her docket was incomplete and hence she would not appear in court.

Saurombe protested that the actions of prosecutors in continuously summoning Mudehwe to travel from Mutare to appear at Harare was improper and he will file an application for permanent stay of prosecution when she returns to court.

“If trial does not commence when Mudehwe gets summoned to appear in court, I  will institute proceedings for a permanent stay of prosecution as the prosecutor’s conduct would constitute persecution,” Saurombe said.

Leave Comments

Top