8 January 2019
The case involving Zimbabwe Congress of Trade Unions leadership failed to kick off again yesterday after they applied for further postponement before a Harare magistrate.
ZCTU president Peter Gift Mutasa and secretary general Japhet Moyo together with five others appeared before Harare magistrate Joy Chikodzore charged with participating in a gathering with intent to promote public violence.
The accused persons, through their lawyer Alec Muchadehama, made an application for postponement on the basis that they still await a ruling for an application they made at the High Court.
“This application for postponement is being made on the basis that the accused persons challenged their placement on remand on their initial appearance in the remand court and it was dismissed by the presiding magistrate.
“They then filed for an application for review of the judgment by the magistrate dismissing their application, they also filed an urgent chamber application to stay court proceedings before Justice Tagu on December 17.
“However, the judge had a problem reading the magistrate’s handwriting and ordered the record to be transcribed but on the next remand date, the transcription had not been done prompting the judge to remand the matter to January 18.
“The State representative at the High Court Tendai Nyahunzvi agreed that trial be stayed at the magistrate’s court to enable the chamber application,” said Muchadehama.
The application was not opposed by the State and the matter was remanded to January 28.
It is the State’s case that on October 8, the ZCTU informed the Officer Commanding Harare Central Police District that they intended to conduct a peaceful demonstration in the CBD.
The police turned down the request but the ZCTU challenged the ban by the police in court but lost.
It defied the ban and carried out an unlawful demonstration along Jason Moyo Avenue in Harare.
Police efforts to dissuade them from carrying out the illegal demonstration failed leading to their arrest.