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Siwela lawyers make fresh application

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Lawyers representing incarcerated Mthwakazi Liberation Front (MLF) leader Paul Siwela who is fighting for his freedom at the Supreme Court Monday made a fresh application requesting for a hearing date. The application follows the disposal of an affidavit by Siwela to the Supreme Court two weeks ago at the order of Chief Justice Godfrey Chidyausiku. […]

Lawyers representing incarcerated Mthwakazi Liberation Front (MLF) leader Paul Siwela who is fighting for his freedom at the Supreme Court Monday made a fresh application requesting for a hearing date.

The application follows the disposal of an affidavit by Siwela to the Supreme Court two weeks ago at the order of Chief Justice Godfrey Chidyausiku.

“We attach hereto a letter to the Registrar of the Supreme Court requesting a hearing date before Honourable Chief Justice Chidyausiku,” Siwela’s lawyer, Shepherd Mazibisa wrote on May 23.

“We request that the mater be treated as urgent and your office co-ordinate and ensure a speedy hearing. We duly served a copy of affidavit upon Appellant, the Attorney General on 18th May 2001 and filed proof of service on 19th of May 2001. The 24 hours within which the Appellant was to file any response has lapsed. May the file be placed before the Honourable Judge for urgent consideration, and set down. We are available on short notice to deal with the cases.”

Abammeli Lawyers for Human Rights, Sindiso Mazibisa, Robert Ndlovu, Matshobana Ncube, Kucaca Phulu led by Advocate Lucas Nkomo are representing Siwela and his co-accused, John Gazi and Charles Thomas.

On May 10, Chidyausiku indefinitely postponed Siwela’s hearing instructing Siwela to deposit an affidavit assuring him that he would not commit any offence of a treasonous nature as a precondition before his bail application could be heard at the Supreme Court.

Siwela has been languishing in remand prison since his incarceration on March 8. His co-accused Gazi and Thomas were released last month on $2 000 bail accompanied by stringent reporting conditions.

Gazi’s family members paid his bail while Thomas was released four days later after the MDC formation led by Welshman Ncube bailed him out.

However, Siwela remained in prison after Justice Nicholas Ndou — who had granted them bai — upheld his bail judgment on Gazi and Thomas and granted the State leave of appeal to the Supreme Court against Siwela’s application.

The State is represented by Martha Cheda.

Meanwhile, the trio will appear at the Bulawayo Magistrates’ Courts on Tuesday next week for routine remand.