The High Court is tomorrow expected to deliver judgment in the bail appeal case involving seven members of the Movement for Democratic Change (MDC) who have been in custody since late April over allegations linked to planned demonstrations against the controversial Constitutional Amendment Bill No. 3.
The accused – Clifton Zumba, Shingirai Chitauro, John Simon, Tonderai Cephas Makuyana, Decent Dzaida, Jane Makovere and Austin Name –are facing charges of incitement to commit public violence and criminal nuisance.
According to a statement issued by MDC presidential spokesperson Lloyd Damba, the seven were denied bail at the Harare magistrates court before their lawyers from Zimbabwe Lawyers for Human Rights appealed to the High Court.
“The appeal was heard today at the High Court, with the state opposing bail,” Damba said.
“Our defence team countered that the charges are weak, the accused have fixed addresses, and pre-trial detention violates the constitutional presumption of innocence.”
Damba said Thursday’s ruling would determine whether the seven would be released on bail or remain in custody at Chikurubi Maximum Security Prison pending trial.
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“A ruling in their favour means release on bail under conditions. A ruling against means they remain in Chikurubi Remand until trial,” he said.
The MDC spokesperson also highlighted the political significance of the case, noting that the judgment is expected before Parliament votes on Constitutional Amendment Bill No. 3.
“The judgment will come before Parliament’s vote on CAB 3. Both sides know the political weight of the case right now,” Damba said.
He added that the High Court’s reasoning in the matter could shape how courts handle bail applications in politically sensitive cases.
“The High Court’s reasoning will signal how courts are handling bail in politically charged cases under the current legal term in the Second Republic,” he said.
The court has not yet indicated whether the ruling will be delivered in open court or circulated directly to the parties involved.
The seven MDC members remain in remand custody awaiting Thursday’s decision.