SEVENTY-SIX Citizens Coalition for Change activists (CCC) have been denied bail at the High Court on charges of participating in an unlawful gathering and attacking police officers.
The judgment was initially expected today.
The CCC members were arrested on June 16 at the residence of party official Jameson Timba in Avondale, Harare.
Police claim that the CCC activists pelted them with stones, resulting in two of their colleagues getting injured.
The CCC members were denied bail by Harare magistrate Ruth Moyo, who ruled that they faced serious charges.
She said the activists were a flight risk and could also interfere with State witnesses.
The magistrate also cited fears of public disorder if the activists were released.
In their High Court appeal, the opposition members argued that they received unfair treatment.
They are represented by Jeremiah Bamu, Webster Jiti, Marufu Mandevere and Loyd Mbereko.
The lawyers argued that the lower court misdirected itself by denying bail to their clients.
They also claimed the lower court erred in finding that the appellants would jeopardise the criminal justice system.
However, Justice Munamato Mutevedzi said their arguments were without merit.
Justice Mutevedzi further upheld the lower court’s concerns regarding witness interference, citing the alleged threats against police officers and the potential use of social media for intimidation.
The judge also agreed that the potential for further offences was a valid concern.
The High Court did, however, overturned the lower court’s decision to deny bail to Maxwell Sande because of his young age.
“In the end, all having been said and done, my conclusion is that there was no misdirection in the court’s overall assessment of the issues and its finding that the appellants were not proper candidates for admission to bail,” Justice Mutevedzi ruled.
“As stated earlier, the only appellant for whom the appeal can succeed is Maxwell Sande because of his age.
“The discretion of the trial magistrate, which as demonstrated, she exercised quite judiciously, must stand. It disbars me from interfering with her judgment.
“In the circumstances, I order as follows: The appeal against the refusal to admit appellant Maxwell Sande to bail by the magistrates’ court sitting at Harare on 27 June 2024 be and is hereby allowed.”
