Lawyers representing activist Bhekimpilo Mbedzi have approached the High Court seeking a variation of his bail conditions to ensure his release from remand prison.
Mbedzi, who is also the Matabeleland South chairperson of the National Democratic Working Group (NDWG), remains behind bars despite being granted bail, as his wife has been unable to locate his expired passport. This has left his legal team unable to complete the bail formalities.
Mbedzi was granted bail following his arrest in connection with protests against Constitutional Amendment Act 3 (CAA3).
He was later granted bail by the Masvingo High Court after his arrest attracted international attention.
He has, however, not been released because the court clerk requires his passport before accepting payment of the stipulated bail amount.
His lawyer, Patrick Tererai, told Standard People that Mbedzi’s wife had searched for the travel document at their home, but could not find it. Tererai said the passport had also expired, a status confirmed by the Registrar-General’s Office.
“The NDWG had availed the funds, but the clerk cannot accept payment without the passport,” Tererai said.
“His wife did not find it in the house and it is also expired. The Registrar-General has also given us confirmation that the passport is expired.”
The development means Mbedzi remains incarcerated despite having secured a court order allowing him to be released on bail.
His lawyers have now approached the High Court seeking a variation of the bail conditions to remove or amend the requirement for the passport. “We have already made an application at the High Court to vary the bail conditions,” he said.
The passport issue has added another legal hurdle for Mbedzi, whose continued detention has drawn concern from the NDWG and opposition activists, who have been calling for the release of those arrested during the government’s crackdown on planned demonstrations.
Mbedzi was among opposition-linked activists arrested as authorities moved to prevent protests over President Emmerson Mnangagwa’s continued stay in power and the constitutional amendments being pursued by the government.
Meanwhile, Amnesty International has been demanding Mbedzi’s unconditional release and recently wrote to prosecutor-general Loice Matanda-Moyo regarding the matter.
“The Zimbabwean authorities must immediately and unconditionally release Bhekimpilo Mbedzi as he is detained solely for the peaceful exercise of his human rights,” the rights body said.
It also urged ordinary citizens to write to Matanda-Moyo to demand Mbedzi’s release. In a draft letter to Matanda-Moyo, the rights body said citizens must insist that Mbedzi be released, as he was being detained for the peaceful exercise of his human rights.
“These human rights, including the rights to freedom of expression, association and peaceful assembly, are protected under the constitution of Zimbabwe, the African Charter on Human and Peoples' Rights, and the International Covenant on Civil and Political Rights to which Zimbabwe is a state party,” the letter reads.