The High Court has sharply criticized the state for its failure to provide a transcribed record of proceedings from the lower court in the case against rights defenders Robson Chere, Namatai Kwekweza, and opposition councillor Samuel Gwenzi, who are accused of disorderly conduct.
Chere and his colleagues were arrested last month on charges related to staging a protest at the Harare Magistrates’ Court, demanding the release of jailed opposition activists and their leader, Jameson Timba.
Last week, Magistrate Rth Moyo denied them bail, ruling that they are likely to reoffend if granted bail.
In response to the ruling, the three filed an appeal at the High Court, where the matter was set for hearing before High Court Judge Lucy Mungwari. However, the proceedings were stalled as the state admitted that the record of the lower court’s proceedings was still being transcribed.
“The appeal could not be heard today because the record of proceedings was not ready,” said Charles Kwaramba, representing the three.
“The presiding judge has ordered the state to have the record ready by September 4, 2024. We will return to court for the bail appeal hearing on that date,” Kwaramba added.
Chere, a leading voice for teachers’ rights and the Secretary-General of the Amalgamated Rural Teachers Union (ARTUZ), and his colleagues were abruptly pulled from a plane as they were about to depart for Victoria Falls to attend the 5th African Philanthropic Conference, an annual gathering of civil society policy influencers and other stakeholders.
Kwekweza, the leader of We Lead Trust and a prominent human rights defender, is a survivor of an alleged state-sponsored abduction. Gwenzi, the Harare City Council’s Ward 5 councillor, won his seat under the Citizens Coalition for Change ticket in last year’s elections.
The trio faces accusations of protesting against the detention of Jameson Timba and 79 other activists.
