HARARE – Zimbabwe’s High Court on Thursday granted bail to a freelance journalist and two MDC activists but they will remain in custody after the state said it was appealing against the order.

Freelance journalist Andrison Manyere, MDC head of security Chris Dhlamini, and Gandhi Mudzingwa, who is a former personal aide to Prime Minister Morgan Tsvangirai, successfully petitioned the High Court for bail after three failed attempts including an appeal in the Supreme Court.

They are accused of planning acts of banditry, insurgency and terrorism to topple President Robert Mugabe’s government.

“I see no reason not to grant the applicants bail,” Judge Charles Hungwe said, adding: “The presumption of innocence weighs in the favour of the applicants.

“The offence they are charged with has strong political connotations, therefore, if political party allegiance was a factor in their case then their party (MDC)’s involvement in the inclusive government must be a factor in their favour. It’s highly unlikely that they will commit similar offences during the tenure of this new government.”

Hungwe ordered the three to each deposit US$1 000 as bail, report to police every Friday, reside at given addresses and not to interfere with witnesses and investigations.

State counsel Chris Mutangadura immediately invoked section 121 of the Criminal Procedures and Evidence Act which allows the state to note an appeal against the bail ruling effectively condemning the three to remain in custody until after seven days in which the state must file its application for leave to appeal in the Supreme Court.

If the court rejects the state’s application for leave to appeal or if the state fails to file its application for leave within seven days, then the three would be released.

“We are going to file an application for leave to appeal in the Supreme Court as soon as possible. They will remain in custody until we file but it has to be within seven days,” said Mutangadura.

Advocate Happious Zhou who was representing the three said the section that the state was using to keep the accused in prison was prone to abuse.

Human rights lawyer Alec Muchadehama said Zimbabwe’s human rights situation had not changed despite the formation of the inclusive government.

“In relation to human rights, very little has changed. A clear matter in which bail was granted, the state has chosen to appeal against the bail ruling, not that they have any merits but they are simply abusing our clients and the powers vested in them by the law. It’s a total abuse and fundamental violation of our clients’ rights,” said Muchadehama. – ZimOnline