VICE-President Emmerson Mnangagwa’s ally, Energy Mutodi, who is facing criminal charges of undermining President Robert Mugabe’s authority, has filed an affidavit at the High Court defending his Facebook post, claiming it was based on his constitutional right to freedom of expression.
BY CHARLES LAITON
Mutodi (39), who is also a businessman and musician, was last week arrested and further charged with causing disaffection among members of the defence forces.
His bail application is set to be heard at the High Court today.
In his affidavit, Mutodi defended his commentary, arguing it was based on Mugabe’s speech and did not warrant any criminal charges against him.
Through his lawyer, Beatrice Mtetwa, Mutodi said he had since given notice to the State that he would challenge his arrest at the next remand date on the grounds that his Facebook article, read as a whole, does not disclose an offence.
“. . . His (Mutodi) arrest violates his rights under Section 49 of the Constitution of Zimbabwe (right to personal liberty) on the basis that he was arrested on incorrect information,” Mtetwa said.
“. . . he was not advised, on arrest, of the correct reasons for his arrest and the reasons were only furnished when he was warned and cautioned on different split charges . . . he is being charged for making a political commentary on an issue of public interest on which many other political commentators have commented and that he is the only one selected for arrest.”
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Last week, Harare provincial magistrate Elisha Singano denied Mutodi bail and remanded him in custody after ruling that it was justified for the State to continue detaining him until his next remand date on August 25.
However, in her submission, Mtetwa said Singano erred and misdirected himself by denying her client bail based on “facts and grounds” that he created on his own, which were not relied upon by the State.
Mtetwa said there were no compelling reasons advanced by the State warranting Mutodi not to be released on $100 bail coupled with other bail conditions.
Mutodi’s arrest followed his article on his social networking wall, where he said Zimbabwe risked a coup “if the thorny succession issue” was not resolved amicably, adding Mugabe should consult the army to avert chaos.
“While a military takeover may be far-fetched in Zimbabwe, it is important for . . . Mugabe to be careful in naming his successor. Any suspicion of unfairness or discrimination on account of tribalism or factionalism may backfire,” he wrote.
“There are key stakeholders that need to be consulted, among them the military and the whole security establishment called the Joint Operations Command that is chaired by Vice-President Mnangagwa.”
The State is yet to file its response to the application.
