By Rex Mphisa
A provincial chairperson of the Job Sikhala of the National Democratic Working Group Bhekimpilo Mbedzi will on Friday make his bail application following his arrest allegedly for inciting for an unlawful gathering.
Mbedzi’s lawyer Patrick Tererai of Tererai Law Practice challenged his client placement on remand arguing that the charge cited by the State was devoid of an offence.
Tererai also asked the court to put it on record the State denied Mɓedzi a bail application Thursday citing lack of time yet he had been at court since 8AM during which the State itself never presented itself in court only to feature after 4PM.
“The court must note that justice delayed is justice denied. We were here at 8AM and it is not fair for the State to say we do not have time when they are only coming to court now to claim there is insufficient time,” said Tererai.
Earlier Tererai argued that Mbedzi’s charge was ambiguous because the state failed to state how he exactly flouted the law because his papers failed to express the charge hence his placement on remand was unlawful.
He said Mbedzi, at law, was required to have a notice for his intended demonstration or call for demonstration within seven days before the actual date for action and was way above his expected period of application.
On the other hand Tawanda Chigavazira, prosecuting, successfully said Mbedzi flouted the law in that his video calling people to demonstrate was already in circulation and hence there was a prima facie case meaning he could be placed on remand.
Magistrate Takudzwa Gwazemba ruled in favour of the State.
Mbedzi, 41, was picked by police for allegedly inciting an unlawful gathering after his self-recorded video on his Facebook page mobilising Zimbabweans to protest against the newly signed Constitutional Amendment Bill Number 3.
He was arrested on July 15 at his home and has been in custody since.
The State alleges that Mbedzi did not notify the regulatory authority about the planned gathering, as required under the Maintenance of Peace and Order Act.
Police recovered a Samsung A04e Galaxy cell phone, Mbedzi used to post the video.
Mbedzi is being charged with inciting an unlawful gathering under Section 187 of the Criminal Law Codification and Reform Act, read together with Section 7(1)(a) and Section 7(5) of the Maintenance of Peace and Order Act.
It is alleged that on July 10 this year, he posted a video on his facebook page to incite otters commit a crime.