Regional magistrate, Morgan Nemadire, has dismissed an application by incarcerated treason suspect Albert Mugove Matapo to have his case referred to the Supreme Court after he complained of inhuman treatment at Chikurubi Maximum Prison.
Matapo had jointly applied for referral to the Supreme Court together with Lucky Mhungu who is also detained over a robbery charge.
They both face an attempted jail-break charge.
In their application, Matapo and Mhungu argued their continued stay in the condemned cells was a violation of their constitutional rights.
They alleged the State was violating Section 15(1) and 18 of the Constitution of Zimbabwe that deals with protection against inhuman treatment.
However, the application was opposed by prosecutor Michael Reza and an inspection of the cells was ordered after the defence lawyer, Charles Warara insisted the court needed to have first hand information.
In his judgment, the magistrate said the inspection of the prison was quite an enlightening experience.
He ordered that individual cells should be unlocked from 7am to 4pm everyday including public holidays and electric lights to be switched off from 10pm to 6am.
He further ordered that while remaining in custody, Matapo and Mhungu shall be entitled to wear civilian clothes all the time.
The magistrate also said the accused were entitled to receive as much food as they received from relatives and their trial, which was adjourned early this year, was to continue on July 15.
Warara also wanted the Supreme Court to determine whether it is constitutional for the accused persons to appear in court wearing labelled clothes and be tried while in leg-irons.
But the magistrate ruled the accused’s concerns did not warrant the matter to be referred to the Supreme Court for determination.