Masarira denied bail again

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Some of the people who gathered at Mbare Magistrates' Courts in solidarity with Linda Masarira

Africa Unity Square activist Linda Masarira’s application seeking to refer her matter to the Constitutional Court (ConCourt) was yesterday dealt a heavy blow after Mbare magistrate Sternford Mambanje dismissed it.

BY DESMOND CHINGARANDE

Masarira had previously, through her lawyers, applied to have the matter referred to the ConCourt for determination on the basis that her constitutional rights had been violated.

Some of the people who gathered at Mbare Magistrates' Courts in solidarity with Linda Masarira
Some of the people who gathered at Mbare Magistrates’ Courts in solidarity with Linda Masarira

Her lawyers, led by Kudzai Eric Kadzere, had presented that Masarira was detained for 52 hours instead of the prescribed 48 before she was brought to court on her initial remand.

In dismissing the application, Mambanje said the court was satisfied with its initial determination that Masarira was brought to court within the prescribed time.

The State has been opposing Masarira’s bail on the basis that she is a flight risk.

However, Kadzere made an urgent application to have Masarira temporarily transferred to Mutare Remand Prison for cancellation of a warrant of arrest recently issued against her by the Mutare Magistrates’ Court while she was in police custody.

Kadzere also successfully filed another application for bail variation for Blessmore Nyaruwande, who is a student at Midlands State University, saying the semester will start on Thursday this week.

The matter was remanded to August 11.

Kadzere also indicated his intention to file for refusal of further remand on August 11 if the State fails to provide a trial date.

Masarira was arrested together with 10 others in Mufakose for allegedly throwing stones and burning vendor stalls during protests reportedly organised by #ThisFlag frontman Evan Mawarire on July 6.