MDC-T aspiring MP finally released
By Tatenda Mabasa | Mutare Bureau |
RUSAPE – The MDC-T aspiring legislator Makoni Central Patrick Sagandira and his manager Lovemore Chifomboti, who have been locked up in remand on public violence charges, for the past two weeks, were finally released on Friday.
The MDC-T officials were languishing at Rusape Remand Prison after the Rusape area prosecutor Mr Tirivanhu Mutyasira, a fortnight ago, invoked the notorious Section 121 of the Criminal Procedure and Evidence Act after the issuance of bail to the suspects by provincial magistrate Mr Shing Mutiro.
The pair was supposed to appear at the High Court last Tuesday, but failed, after the AG’s office submitted its notice of appeal late. The matter was then sat down Friday and High Court judge Justice Hlekhani Mwayera upheld Mr Mutiro’s ruling and ordered Sagandira and Chifomboti free on $100 bail each.
They received to a thunderous welcome by hordes of MDC-T supporters that were chanting and sloganeering outside the courthouse. The MDC-T supporters drove up and down in a convoy celebrating the release of the man they regard as their next legislator.
Sagandira’s lawyer Mr Leonard Chigadza confirmed the release of his clients to Nehanda Radio. Mr Chigadza said Justice Mwayera dismissed the State grounds of appeal as baseless and unsustainable.
“The High Court Judge Justice Mwayera ordered the release of my clients after dismissing the state case. He upheld the decision by the lower court and made it clear that the magistrate had not erred in granting the suspects $100 bail each. The court agreed with our argument that the suspects were proper candidates for bail as they are neither flight risks nor violent people.
“We have deposited the bail money with the clerk of court and my clients are, like any other Zimbabwean, enjoying their freedom after two weeks of hell. They are in good mental frame and are focusing on the challenge ahead,” said Mr Chigadza.
This is the second time within a month that Mr Mutyasira invoked the same law to deny an MDC-T aspiring MP liberty, only to have the grounds of appeal dismissed as trivial by the High Court.
Two weeks ago Mr Mutyasira did the same to the MP for Makoni South Hon Pishai Muchauraya following his arrest on allegations of making death threats to former Daily News Editor Geoff Nyarota’s campaign manager Mr Amos Kutiya.
However, the Attorney General’s office was forced to withdraw its appeal before High Court judge Justice Joseph Musakwa. Sagandira and Chifomboti are facing public violence charges following a report by his rival Grace Kwinjeh’s campaign team Messrs Tazviona Marima, Canaan Nyamombe and one Yasini.
The MDC-T pair is denying the charges arguing that they were being persecuted by their political rivals following their victory in party primary elections.
The latest incident allegedly occurred at Nyabadza Business Center where Kwinjeh’s bid for public office fell away following a poor showing. Mr Sagandira’s incarceration has angered party supporters, who packed the court gallery.
Sagandira has since been confirmed as the party’s candidate for the next elections, despite attempts by the Kwinjeh faction to scuttle the move. Kwinjeh is disputing the results arguing that electoral fraud had a hand in her narrow defeat to Sagandira.
Kwinjeh’s chances suffered a lethal blow due to her absence on the ground and reliance on weak emissaries. The Kwinjeh camp wanted the party to withdraw Sagandira to be replaced by Dr Simba Makoni, in reciprocation to his withdrawal from the presidential races to support MDC-T leader Morgan Tsvangirai.
Tsvangirai had initially bought the idea, but backed off following the intervention of MDC-T Manicaland chairman Mr Julius Magarangoma.
