A South Africa-based Zimbabwean man, Benias Madhakasi, who was being charged with possession of computer-generated naked caricature images of President Robert Mugabe, heaved a sigh of relief on Tuesday after the court refused to put him on remand.
Beitbridge magistrate Auxilia Chiumburu ruled that Madhakasi had no case to answer and said the court could not allow the State to go on a fishing expedition for evidence with the accused languishing in remand prison. Madhakasi was arrested three months ago at Beitbridge Border Post and has been languishing in remand prison since then.
Madhakasi’s lawyer Lizwe Jamela had applied for refusal of remand or alternatively exception of the charges.
However, Madhakasi’s freedom is shortlived as he still faces charges of contravening Section 36 of the Immigration Act for unlawful possession of or making use of a permit or travel document issued to another person.
Three months ago, Chiumburu granted Madhakasi a $200 bail, but the State revoked the bail order and appealed to the High Court arguing the lower court had erred since the suspect was a flight risk.
High Court judge Justice Lawrence Kamocha upheld the State’s appeal and quashed Madhakasi’s freedom bid. Madhakasi will now have to make a fresh bail application before the High Court citing the change of circumstances in his case.