Zimbabwe

'Sweating man' among those accused of looting during Zim stayaway

03 February 2019 - 00:00 By JAMES THOMPSON

Austin Chida, 33, arrested because he was "found sweating", will have to plead his case in the Bulawayo magistrate's court as part of a group accused of looting and vandalising property during a violent stayaway last month.
According to the state's case, police arrested Chida because they found him sweating on the day of street protests, and concluded he was perspiring from running up and down, presumably from vandalising property.
Chida, alongside his co-accused Mike Masvina, 38, Tafara Sithole, 19, Menard Kufanesu, 32, and Shepherd Muhanyi, 20, are accused of looting meat from a butchery.
Manufacturers, retailers and informal business operators in Zimbabwe estimated the losses from the stayaway at $500m.
The protest was sparked by an announcement on January 13 that the fuel price would more than double. At least five people, including a police officer, were killed and 26 were wounded by Zimbabwean security services in the ensuing clashes.
Given the court rulings so far, the group can expect little mercy when judgment is handed down.
A Bulawayo man, Polite Weza, was sentenced to five years in jail this week for stealing an ox-drawn plough from Entumbane shopping complex.
Hundreds more suspects are held at Bulawayo's Khami Prison and are awaiting trial, with most of them likely to make their third appearances in court this month.
During the first and second appearances, represented pro bono by Zimbabwe Lawyers for Human Rights, they were given 48 hours to apply for bail at the high court. Weeks later, some have yet to get a response from the court.
Nyarai Moyo has been faithfully visiting her husband, an MDC Alliance supporter, in Khami Prison. He is due back in court next week.
He was arrested after being implicated in a case in which three cars belonging to a Zanu-PF official, Eva Bitu, were set alight.
"I think so far about 15 people have been taken in, including my husband, for the same alleged offence," she said.
Nokholo Maphosa, sister of political activist Josphat Mzaca Ngulube, has little hope.
"We are just waiting for something to happen. His trial was postponed to February," she said, as she went to buy provisions for her brother.
Ngulube publicly called for a peaceful march on January 16, but it was overtaken by the stayaway called for by the Zimbabwe Congress of Trade Unions.
"What worries us is that they have not been given time to defend themselves. It is only routine remands. All we need is fair treatment and a fair trial," Maphosa said.
The Law Society of Zimbabwe last month said it was concerned by the state of the rule of law in the country.
It said that the fast-tracked trials, routine denial of bail, routine dismissal of applications and blatant disregard of the constitutional provisions relating to the right to a fair trial were "causing alarm in the profession".
Top human rights lawyer Beatrice Mtetwa said the lawyers demanded more respect for the constitution and human rights, and that trials be conducted in a fair manner.
On Friday, chief justice Luke Malaba responded to a petition given to him by the lawyers, saying the fast-tracking of trials was normal procedure.
"The allegations that the judiciary is captured by an external force remain unfounded, baseless and unsubstantiated. The accusation that magistrates countrywide were acting under some form of directive or instruction to influence their decisions is extremely consequential," he said.
"All courts in the country and all judicial agents within those courts must never be interfered with in the dispensation of justice. The constitution demands it."
– Additional reporting by Ray Ndlovu..

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