Mahiya bail ruling postponed

HARARE - Prominent South African lawyer — George Bizos — made a surprise appearance at the Magistrates’ Courts where he came in support of war veterans’ leader Douglas Mahiya whose bail ruling was postponed to tomorrow.

Bizos was the late Nelson Mandela’s lawyer and friend but he is not new to these shores.

He represented MDC leader Morgan Tsvangirai in a treason case in 2003.

Yesterday, the prominent lawyer was among a multiracial crowd that packed Court 6 where the war veterans’ spokesperson Mahiya was appearing for the second day seeking bail following his arrest on Wednesday.

Bizos attended Mahiya’s bail hearing with South African judge — Johann Kriegler — who was part of the strong crowd that included civic society and pro democracy groups’ leadership.

However, Mahiya will spend his fifth night in custody today after Harare provincial magistrate Vakayi Chikwekwe reserved bail ruling to tomorrow.

Chikwekwe wants more time to finalise his decision as well as getting the prosecution certificate from the State.

Mahiya is facing allegations of insulting President Robert Mugabe.

The State is opposing bail arguing that the release of Mahiya would threaten public security as it fears the war veterans could clash with police.

However, his attorneys — Harrison Nkomo and Andrew Makoni — argue that Mahiya ought to be judged with a content of his character and not what other members of his association are alleged to have done.

“Bail cannot be denied on suppositions and speculation. The grounds advanced by the State must be within the confines of the Constitution,” Nkomo argued.

Mahiya was arrested on Wednesday moments after Mugabe had issued chilling warnings to political groups, including the war veterans, who are calling for his resignation.

Mugabe fell out with the war veterans who are rallying behind embattled Vice President Emmerson Mnangagwa to take over from the nonagenarian — which saw the former freedom fighters issuing a scathing communiqué which formed the basis of the arrests and charges preferred on Mahiya.

Allegations against Mahiya arose between April 7 and July 21 this year, when he allegedly connived with other high-ranking national, provincial and district executive war veterans’ members, who are still at large and authored a document that undermined Mugabe’s office.

According to court papers, the document was captioned, War Veterans Communiqué on the State of Zimbabwe’s Economy, the Zanu PF Party Leadership and the Way Forward for the People of Zimbabwe.

Police searches conducted at his house resulted in the recovery of three copies of the communiqué and documents titled Response to the President’s Attack on War Veterans.

Comments (12)

mahiya must rot in remand,who is he to think he can subvert the will of millions of zimbos who in 2013 voted overwhelmingly for the president

truth - 31 July 2016

Truth (Jonathan/Nathaniel) - why not stand by your comments and use your real name?

david taylor - 31 July 2016

Truth you are talking crap! Even as a an individual, Mahiya has the right to air his views. In fact, he is actually truthful than you. You are singing for your supper, the patronage 600 ha farm and hunting concessions from Zanu PF. @ truth, until you out of Zanu PF favor, you shall be singing for your supper. you are a self centered animal. Give us a break.

Mbareboy - 31 July 2016

I would suggest #Truth and your gvt go and arreste 2Million people who voted MDC in 2013 because its now an offence in Zim to say you no longer support the president, I would also invite you to attend Mahiyas trial and laugh fo yourself hearing the facts of his offence, insulting the president by merely telling him we no longer love you, hey Zvimwe nyarawo wena, unotizwa nebvana vako chaivo vachiti baba vakupenga,

Boss - 31 July 2016

Thank God that people have to be charged within the confines of the constitution and not the ranting of the imbecile Robert Mugabe. Mahiya has not committed any crime and the communique that the war vets released has nothing new in it. In fact it states facts and does not attack Mugabe in a personal way and addresses him as any opposition movement would address him. If in fact the communique is insulting Mugabe then it follows that every campaign material, rally has to be stopped because opposing Mugabe is now being equated to insulting him. That's absolutely ridiculous. I can see why people are following this case closely because there is clearly no case to answer and this is putting the magistrate in a very tight corner because Mugabe wants to abuse the justice system and have Mahiya jailed but the facts is that Mahiya has broken no law.

Inyika - 1 August 2016

@truth Some of us went to war against Smith to gain freedom of expression and abuse of power and you are the beneficiary of our sacrifice. RGM is now the new Ian Smith and using his old laws and methods. Ian Smith used to be supported by the minority who unfairly benefited by having asserts they did not pay for them. Now we have a black minority who acquired assets without money changing hands at the expense of the majority. We do not need to have history repeat itself because you might end up the victim. It seems you cannot imagine life without Mugabe. Viola and many war vets like me do. I know Zambezi, Gwaii valley and Shangani very well. Do not let the thousands of dollars western people pay to shoot animals cloud your judgemments. Just look at what happened to people who used to live the life of Riley under Saddam and Gadaafi

bexilford - 1 August 2016

Now people can be procecuted using the constitution. I think this it time that we Zimbabweans appreciate what Morgan and his team have achieved since they appeared on the political field. They have also managed to expose Zanu pf corruption and tricks during election time, though they have not managed to get the official opportunity to rule. Hates off to these brave men and women

lionel - 1 August 2016

He is being arrested beacuse he is being a sellout

Robert morgan - 1 August 2016

The same old story concerning Mahiya here. Be strong Baba and weather the incessant storm

Patapata - 1 August 2016

The courts must refuse to be used by politicians to settle their scores. Though I may not like Mahiya for what he did in the past in support of Mugabe, there is no reason why he should be made to spend any nights in the cells. Chikwekwe knows fully well that there is no case here and poor Mahiya should not be subjected to the inhumanity of sleeping in those filthy cells. But to Zanu PF it has become a norm to make people suffer for no reason, but simply having an opinion different from theirs. The stupid policemen who arrest people on such silly charges, the prosecutors who prosecute them, and the poor magistrates who deny them their freedom, must not be surprised when tables are turned against them. ITS NOT A MATTER OF IF, ITS A MATTER OF WHEN!!! Be bold and refuse to be used by this immoral regime.

MR COOPER - 1 August 2016

who is mugabe totally nothing to me i regard him as a desteroyer nothing else HE DESTEROY OUR COUNTRY .OUR FREEDOM OUR DEMOCRACY HE SPERATE OUS FROM OUR BELOVED FAMILIES #GO MUGABE GO

diehard - 2 August 2016

Surprising the likes of Lumumba after he said what is said to have said, are out and about....smelling the rat guys.

Dakarai - 2 August 2016

Post a comment

Readers are kindly requested to refrain from using abusive, vulgar, racist, tribalistic, sexist, discriminatory and hurtful language when posting their comments on the Daily News website.
Those who transgress this civilised etiquette will be barred from contributing to our online discussions.
- Editor

Your email address will not be shared.